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General Magnetic Levitation Rail Act

Original Language Title: Allgemeines Magnetschwebebahngesetz

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General Magnetic Levitation Train Act (AMbG)

Unofficial table of contents

AMbG

Date of completion: 19.07.1996

Full quote:

" General Magnetic Levitation Railway 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).

Status: Last amended by Art. 4 Abs. 122 G v. 7.8.2013 I 3154

For more details, please refer to the menu under Notes

Footnote

(+ + + Proof of text: 25.7.1996 + + +) 

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§ 1 Scope

This law applies to magnetic levitation trains. Unofficial 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 anyone can use them for the purpose of transporting passengers or goods by their intended purpose. Unofficial table of contents

§ 3 Safety regulations

The magnetic levitation railway undertakings shall be obliged to carry out their operations safely and to safely build and maintain the magnetic levitation railway lines, other magnetic levitation train systems, vehicles and accessories in a safe and safe condition. Unofficial table of contents

§ 4 Tasks of the Federal Railways-Federal Office

(1) The Federal Railway Authority is in accordance with Section 1 (2) of the Magnetic Levitation Train Planning Act of 23 November 1994 (BGBl. 3486) are also the supervisory and licensing authority for magnetic levitation trains in relation to this law and the legal regulations based on them. (2) The Federal Railways Office is responsible for the following tasks under this law:
1.
the exercise of supervision over magnetic levitation railway undertakings, in particular technical supervision;
2.
the 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 regulations,
4.
the technical examination of disturbances in magnetic levitation train operation.
(3) Fees and levies are charged for individually attributable public services of the Federal Railways Office. 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 of the individual attributable to public (4) The tasks of the technical supervision of plant and vehicle equipment and equipment, of the Magnetic levitation railway companies can be used by the Federal Ministry of Justice for Transport, construction and urban development will be transferred to another public or private entity. This is subject to legal supervision by the Federal Railway Authority. (5) Compliance with occupational health and safety regulations is monitored by the competent authorities in accordance with these regulations. 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 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 Grant and approval of the authorisation

(1) Public magnetic levitation trains shall not be operated without authorisation. (2) The authorisation shall be granted on request, if:
1.
the applicant as an entrepreer and the persons appointed for the management of the business are reliable,
2.
the applicant as an entreprenter is financially capable,
3.
the applicant as an entrepreer or the persons appointed for the management of the business shall have the necessary technical knowledge
(3) The applicant 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

Section 6 Revocation of authorisation

(1) The approval authority shall revoke the authorisation if one of the conditions set out in Article 5 (2) is no longer available. (2) At the request of the approval authority, the magnetic levitation railway undertaking has to prove that it is legally required to do so by law. in the case of labour law, social law and tax obligations. 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. Unofficial table of contents

§ 7 Transport duty

Public magnetic levitation railway undertakings shall be obliged to carry persons and luggage if:
1.
the conditions of carriage are complied with,
2.
the transport is possible with the regularly used means of transport, and
3.
the transport is not prevented by circumstances which the magnetic levitation railway undertakings have not been able to prevent and which they have not been able to remedy.
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§ 8 Rates

(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 the subsequent public transport railway, direct clearance shall be established,
2.
through the provision of continuous tariffs for passenger transport.
(2) Companies operating public magnetic levitation trains shall be obliged to draw up tariffs for the carriage of passengers, all of which shall be provided for the purpose of calculating the remuneration for the carriage of persons and ancesuits in the passenger transport sector. , as well as all other provisions applicable to the transport. Tariffs as set out in the first sentence must be applied in the same way to everyone. (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 necessary authorisation shall be deemed to have been granted if the public magnetic levitation railway undertaking
1.
shall not submit an opinion to the approval authority within two weeks after the date of receipt of the application, or
2.
shall not be taken within six weeks after the date of receipt of the request by a decision of the approval authority which differs from the request.
(4) The tariffs referred to in paragraph 2 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. Unofficial table of contents

§ 9 Monitoring

(1) In order to carry out its supervisory tasks, the competent authority shall have the following powers:
1.
It may enter land, operating facilities, premises and means of transport of the establishments to be monitored, within the usual hours of business and working, carrying out tests and investigations, and documents, including technical Consult and evaluate the records of the parties responsible for the information.
2.
The supervisory authority may request information from magnetic levitation railway undertakings and persons engaged in business operations on any facts which are relevant to the carrying out of the monitoring tasks. 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 obligated person shall be informed of his right of denial of information.
(2) The magnetic levitation railway undertaking and the persons engaged in business operations shall provide the supervisory authority and its agents with the necessary tools and provide the necessary ancillary services in the implementation of the surveillance measures. . Unofficial table of contents

Section 10 Legal Regulations

(1) In order to ensure the safety and order of magnetic levitation train traffic or to protect the life and health of workers, the Federal Ministry of Transport, Building and Urban Development is authorized to apply for public magnetic levitation trains (c) to adopt legal orders which
1.
general conditions for the carriage of persons by magnetic levitation trains, in accordance with the rules of trade law,
2.
contain the necessary provisions for the protection of installations and the operation of the magnetic levitation train against disturbances and damage,
3.
determine the conditions under which the obligations under Section 8 (2) may be dismissed;
4.
determine the conditions under which a magnetic levitation railway undertaking is granted or revoked, the conditions laid down in Article 5 (2), including the procedures for authorisation and the determination of the 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 be applied to the applicant as an entreprer or to the applicant for the purpose of carrying out the examination of the business. the conduct of business shall be carried out by persons appointed, including the rules on the conduct and content of the audit, the performance assessment and the composition of the audit committee,
5.
the granting, restriction and withdrawal of the licence to carry magnetic levitation train vehicles,
6.
the training and requirements relating to the ability and aptitude of the staff of the magnetic levitation train operator and the appointment, confirmation and verification of plant managers and their duties and powers, including the procedure for obtaining permits and authorisations and their withdrawal or limitation,
7.
the fees and charges for individually attributable public services of the Federal Railways Office in accordance with this Act.
(2) In order to ensure the protection of the life and health of the crew as well as the personnel directly engaged in the operational management of the transport, the Federal Ministry of Transport, Building and Urban Development shall be authorized to issue legal orders on
1.
Working hours, driving times and their interruptions, and shift times,
2.
rest periods and rest periods,
3.
Evidence of activity,
4.
the organisation, the procedure and the means of monitoring the implementation of these legal systems
5.
the admissibility of deviating collective agreements relating to working hours, driving times, shift and rest periods as well as rest periods and interruptions in driving times.
(3) Legal orders referred to in paragraph 1 (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 staff shall be adopted in agreement with the Federal Ministry of Labour and Social Affairs. (4) For magnetic levitation trains, which are not public In the case of transport, the appropriations referred to in paragraph 1 shall apply in so far as the unit of the magnetic levitation train 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. Unofficial table of contents

§ 11 General administrative provisions

The Federal Ministry of Transport, Building and Urban Development may, in agreement with the Federal Ministry of Labour and Social Affairs, adopt general administrative provisions for the implementation of the legal regulations adopted pursuant to section 10 (2) of this Regulation, in particular on the enforcement of administrative offences. Unofficial table of contents

§ 12 Administrative Offences

(1) Contrary to the law, those who intentionally or negligently act
1.
without authorisation pursuant to § 8 (3) sentence 1 of the magnetic levitation train services referred to in § 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 does not apply tariffs against anyone in the same way, contrary to § 8 para. 2 sentence 2,
3.
As a person in charge of a magnetic levitation train in person responsible for or operating in business operations, contrary to § 9
a)
does not provide information, not correct, not complete or not in good time,
b)
Do not hand out documents in time or not in time,
4.
a legal regulation pursuant to § 10 para. 1 no. 2, para. 2 or a enforceable order is contrary to such a decree, in so far as the legal regulation refers to this fine law for a certain amount of the facts.
(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. Unofficial table of contents

Section 13 Responsibility for the prosecution and prosecution of administrative offences

The administrative authority within the meaning of Section 36 (1) (1) of the Act on Administrative Offences is the Federal Railway Authority. Unofficial table of contents

§ 14

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Section 15 Return to the uniform regulation

The parts of the legal regulations, which are based on § 14, may be amended by means of a legal decree on the basis of the relevant authorisation in each case. Unofficial table of contents

Section 16 Entry into force

This Act shall enter into force on the day after the announcement.