General Magnetic Levitation Act

Original Language Title: Allgemeines Magnetschwebebahngesetz

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General Magnetic Levitation Train Act (AMbG)

Non-official table of contents

AMbG

Date of issue: 19.07.1996

Full quote:

" General Magnetic Levitation Train Act of 19. July 1996 (BGBl. 1019), as last amended by Article 4 (122) of the Law of 7. August 2013 (BGBl. I p. 3154) "

:Last modified by Art. 4 para. 122 G v. 7.8.2013 I 3154

See Notes

Footnote

(+ + + Text evidence: 25.7.1996 + + +)

for more details on the stand. name="BJNR101900996BJNE000100310 " />Non-Official Table of Contents

§ 1 Scope

This law applies to magnetic levitation trains. Non-official table of contents

§ 2 Public Magnetic Levitation Trains

Magnetic levitation trains are used for public transport (public magnetic levitation trains), if they are operated on a commercial or commercial basis and everyone can use them for the purpose of transporting persons or goods by their intended purpose. Non-official table of contents

§ 3 Safety regulations

The magnetic levitation rail companies are obliged to keep their operations safe and to Magnetic levitation train lines, other magnetic levitation train systems, vehicles and accessories to be built safely and kept in a safe state. Non-official table of contents

§ 4 Tasks of the Federal Railway

(Bundesamt) (1) The Federal Railway Authority is in accordance with § 1 (2) of the German Federal Railways (Bundesamt). Magnetic levitation train planning law of 23. November 1994 (BGBl. 3486) as well as the licensing and licensing authority for magnetic levitation trains in relation to this law and the legal regulations based on it.(2) The Federal Railway Authority has the following tasks under this Act:
1.
the exercise of the Supervision of the magnetic levitation railway undertakings, in particular technical supervision,
2.
granting and revocation of an operating licence,
3.
the exercise of public authority as well as supervisory and co-action rights in accordance with other laws and legal regulations,
4.
the professional investigation of faults in magnetic levitation train operation.
(3) Charges and charges for individually attributable public services of the Federal Railways Office will be charged and Levied. Until the entry into force of the legal regulation in accordance with Section 10 (1) point 7, the fees shall be charged on a case-by-case basis on the basis of the administrative costs and the importance of the economic value or the value of the economic value or the value of the public service to the other benefit of that service for the debtor, taking into account the economic circumstances of the charge debtor.(4) The tasks of technical supervision of plant and vehicles of magnetic levitation railway undertakings may be carried out by means of a law of the Federal Ministry of Transport, Building and Urban Development of another public or private entity shall be transferred. This is subject to legal supervision by the Federal Railway Authority.(5) Compliance with occupational health and safety requirements shall be monitored by the competent authorities in accordance with those rules. The Federal Ministry of Transport, Building and Urban Development may, in agreement with the Federal Ministry of Labour and the Federal Ministry of Labour and the Federal Ministry of Labour and the Federal Ministry of Labour and the Federal Ministry of Labour and the Federal Ministry of Labour and the Federal Ministry of Labour and the Federal Ministry of Social welfare through legal regulation with the consent of the Federal Council to transfer responsibility to the Federal Railway Authority (Federal Railway Authority). Unofficial table of contents

§ 5 Approval and approval of the permit

(1) Public magnetic levitation trains must not be allowed without a permit. are operated.(2) The authorisation shall be granted on request, if
1.
the applicant as an entreprenter and the applicant for the Management of the business ordered persons are reliable,
2.
the applicant as an entrepre is financially capable of performing,
3.
the applicant as an entreprender or the persons appointed to manage the business have the required technical knowledge
and thus the guarantee for a secure Provide operational management.(3) Applicants may be any natural person who is a member of a Member State of the European Communities. The same shall apply to companies, legal persons and local authorities established in accordance with the legislation of a Member State of the European Communities and their registered office, their head office or their Principal place of business within the European Communities. Unofficial table of contents

§ 6 Revocation of approval

(1) The approval authority has to revoke the approval if one of the requirements is met. § 5 (2) no longer exists.(2) At the request of the approval authority, the magnetic levitation railway undertaking shall have the proof that the obligations laid down by law, social law and tax law, are fulfilled. The financial authorities may notify the approval authorities of the repeated failure to comply with the tax obligations or the delivery of the property information in accordance with § 284 of the tax code. The communication from the financial authorities may only be used for the purpose of a withdrawal procedure. Non-official table of contents

§ 7 Carriage obligation

Public magnetic levitation railway companies are responsible for the transport of passengers and luggage If
1.
is the transport conditions,
2.
Carriage with the regularly used means of transport is possible and
3.
the promotion is not prevented by circumstances which the magnetic levitation railway companies have not been able to prevent and which they have not been able to remedy.
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§ 8 fares

(1) tariffs are the transport rates and conditions of carriage. The magnetic levitation railway undertaking shall be obliged to take part in order to ensure that
1.
for the transport of Persons covered by subsequent public transport railways, direct handling is set up,
2.
continuous tariffs in passenger transport .
(2) Companies operating public magnetic levitation trains shall be obliged to establish tariffs in the passenger transport sector, which shall include all the information necessary for the calculation of the remuneration for the carriage of persons and for the carriage of passengers and for the carriage of passengers by road. , as well as all other provisions governing the carriage of persons, shall be included in the transport services. Tariffs as set out in the first sentence must be applied to everyone in the same way.(3) Without prior authorisation of the conditions of carriage, public magnetic levitation railway undertakings shall not be allowed to provide magnetic levitation train services. The approval authority may waive the power of authorisation. The required permit shall be deemed to be granted if the public magnetic levitation train company
1.
not within two weeks after receipt of your request, a statement from the approval authority or
2.
not within six weeks after receipt of your application a decision of the approval authority deviating from the application.
(4) The rates referred to in paragraph 2 must be shall be made known. Increases in transport charges or other changes to the conditions of carriage which are detrimental to the customer shall take effect at the earliest one month after the contract notice. The approval authority may authorise an abbreviation of the notification period for the application of the conditions of carriage. The authorisation must be clear from the notice. Non-official table of contents

§ 9 Monitoring

(1) In order to perform its monitoring tasks, the competent authority has the following powers:
1.
You may want to monitor plots, operating facilities, business premises, and transport equipment of the Enter establishments within the usual hours of business and work, carry out examinations and investigations there, and inspect and evaluate documents, including technical records of the parties responsible for providing information.
2.
The supervisory authority may request information from magnetic levitation train companies and the persons involved in the business operations on any facts which may be necessary for the implementation of the Monitoring tasks are important. The information shall be given truthfully and fully. The person concerned may refuse to provide information on such questions, the answers to which he or she himself or one of the members of the civil procedure referred to in § 383 (1) (1) to (3) of the Code of Civil Procedure of the risk of criminal prosecution or of a person who is liable to Proceedings under the Law on Administrative Offences would be suspended. The liable person shall be informed of his right to refuse to stay.
(2) The magnetic levitation railway undertaking and the persons engaged in the business operations shall have the supervisory authority and its agents responsible for the implementation of the To provide the necessary tools and provide the necessary ancillary services. Non-official table of contents

§ 10 Legal Regulations

(1) To ensure security and order in magnetic levitation train traffic, or to protect The Federal Ministry of Transport, Building and Urban Development is authorized to enact laws on the life and health of workers for public magnetic levitation trains which are
1.
General conditions for the carriage of persons by magnetic levitation trains in accordance with the rules of trade law,
2.
the necessary regulations for the protection of installations and the operation of the magnetic levitation trains against disturbances and damage ,
3.
determine the conditions under which the obligations under Section 8 (2) can be deviated from
4.
determine the conditions under which a magnetic levitation railway company is granted or revoked, on the proof of the requirements of § 5 (2) , including the procedures for the authorisation and the determination of the applicant's personal suitability and competence as an entreponator or the person appointed for the management of the business; in the Regulation, rules may apply to: Examination of the applicant's technical expertise as an entreponator or of the persons appointed for the management of the business, including the rules on the conduct and content of the examination, the performance assessment and the composition of the examination board
5.
Rules governing the granting, restriction and withdrawal of permission to drive magnetic levitation train vehicles,
6.
the training and requirements for the qualification and suitability of the magnetic levitation train operating personnel and the ordering, confirmation and testing of plant managers and their Tasks and powers, including the procedure for obtaining permits and permissions and their deprivation or limitation,
7.
the fees and outlays for individually attributable public services of the Federal Railway Agency in accordance with this Act.
(2) In order to ensure the protection of the life and health of the crew and of the staff directly involved in the The Federal Ministry of Transport, Building and Urban Development is authorized to issue legal regulations in respect of the company's transport operations. style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
Working times, driving times, and their interruptions, and shift times,
2.
Rest times and rest periods,
3.
Activity evidence,
4.
the organization, the procedure, and the means of monitoring the implementation of these legal regulations
5.
the admissibility of deviating collective agreements on working hours, driving times, shift and rest periods as well as rest breaks and interruptions of travel times.
(3) The legal regulations referred to in paragraph 1, point 6, shall be adopted in agreement with the Federal Ministry of Education and Research. The provisions of the Vocational Training Act remain unaffected. The legal regulations referred to in paragraphs 1 and 2 for the protection of the life and health of workers and of staff shall be adopted in agreement with the Federal Ministry of Labour and Social Affairs.(4) For magnetic levitation trains which are not used for public transport, the appropriations referred to in paragraph 1 shall apply in so far as the unit of the magnetic levitation railway operation requires it. The authorization referred to in paragraph 2 shall apply to these magnetic levitation trains in so far as they use lines of public magnetic levitation trains. Non-official table of contents

§ 11 General administrative provisions

The Federal Ministry of Transport, Building and Urban Development can, by agreement, with the Federal Ministry of Labour and Social Affairs for the implementation of the legal regulations enacted pursuant to section 10 (2) of the General Regulations, in particular on the pundition of administrative offences. Non-official table of contents

§ 12 Administrative Offences

(1) Contrary to the law, who intentionally or negligently
1.
Non-approval pursuant to § 8 paragraph 3 sentence 1 Magnetic levitation train services according to § 2
2.
as the person in charge of the company, contrary to § 8 (2) sentence 1, does not apply tariffs or does not apply in the manner prescribed there or contrary to § 8 (2) 3
3.
as a person in charge of a magnetic levitation train as a person in charge of the business or in business operations. Contrary to § 9
a)
an information not, not correct, not complete or not in good time issued,
b)
Documents not or not provided in time
4.
According to § 10 para. 1 no. 2, para. 2, or a enforceable order, this is contrary to such a decree, in so far as the legal regulation refers to this fine.
(2) In the cases referred to in paragraph 1 (3), the administrative offence may be punishable by a fine of up to five hundred euros, in the cases referred to in paragraph 1 (1), (2) and (4), with a fine of up to five thousand euros. Non-official table of contents

§ 13 Responsibility for the prosecution and prosecution of administrative offences

Administrative authority within the meaning of section 36 (1) no. 1 of the Law on Administrative Offences is the Federal Railway Authority. Nonofficial table of contents

§ 14

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§ 15 Return to the uniform ordinance of regulations

The parts of the legal regulations, which are based on § 14, may be amended by means of a legal regulation on the basis of the relevant authorization. Non-official table of contents

§ 16 Entry into force

This law will enter into force on the day after the announcement.