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Regulation on the General Conditions of Carriage of Road and Trolleybuses as well as Scheduled Services with Motor Vehicles

Original Language Title: Verordnung über die Allgemeinen Beförderungsbedingungen für den Straßenbahn- und Obusverkehr sowie den Linienverkehr mit Kraftfahrzeugen

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Regulation on the General Conditions of Carriage of Road and Trolleybuses as well as Scheduled Services with Motor Vehicles

Unofficial table of contents

BefBedV

Date of completion: 27.02.1970

Full quote:

" Regulation on the General Conditions of Carriage of Trams and Obusals, as well as the Road Transport of Motor Vehicles of 27 February 1970 (BGBl I). 230), as last amended by Article 1 of the Regulation of 21 May 2015 (BGBl I). 782).

Status: Last amended by Art. 1 V v. 21.5.2015 I 782

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.6.1981 + + +) 

Unofficial table of contents

Input formula

On the basis of § 58 (1) No. 3 of the Personal Promotion Act of 21 March 1961 (Bundesgesetzbl. 241), as last amended by the Second Law amending the Personal Promotion Act of 8 May 1969 (Bundesgesetzbl. 348), shall be ordered with the consent of the Federal Council: Unofficial table of contents

§ 1 Scope

(1) The General Conditions of Carriage shall apply to the carriage of road and trolleybus services and to regular services with motor vehicles. The competent licensing authority may, taking into account specific circumstances, agree to requests for derogations from the provisions of this Regulation (special conditions of carriage). (2) Unofficial table of contents

§ 2 Claim on promotion

The right to be transported shall be subject to the obligation to carry on the carriage of goods in accordance with the provisions of the Passenger Transport Act and the legislation adopted pursuant to this Act. Matters shall be transported only in accordance with § § 11 and 12. Unofficial table of contents

§ 3 Persons excluded from transport

(1) Persons who pose a risk to the safety or order of the establishment or to the passengers shall be excluded from transport. In so far as these conditions are met, in particular:
1.
persons under the influence of mental drinks or other intoxiating means,
2.
people with contagious diseases,
3.
Persons with loaded firearms, unless they are authorized to carry firearms.
(2) Non-school children before the completion of the 6. Life years may be excluded from transport, provided that they are not accompanied on the entire route by persons who have at least 6. The provisions of paragraph 1 shall be without prejudice to the provisions of paragraph 1. Unofficial table of contents

§ 4 Behavior of passengers

(1) In the event of the use of the operating facilities and vehicles, passengers shall behave in such a way as to ensure the safety and order of the holding, their own safety and the consideration of other persons. (2) passengers shall be prohibited in particular from:
1.
to be entertained with the driver during the journey,
2.
to open the doors in their own power during the journey,
3.
to throw objects from the vehicles or to leave them beyond the vehicle;
4.
to jump up or down during the journey,
5.
to enter a vehicle designated as occupied,
6.
to affect the usability of the operating facilities, the passages and the entranceways and exits by bulky objects,
7.
to smoke on underground railway platforms,
8.
To use sound reproduction devices or sound radio receivers.
(3) The passengers may enter and leave the vehicles only at the stops; exceptions shall be subject to the consent of the operating staff. If particularly marked inputs or outputs are present, these are to be used when entering or leaving the vehicles. It is quick to get in and out as well as to put up in the interior of the car. If the imminent departure is announced or if a door closes, the vehicle must no longer be entered or left. Every passenger is obliged to always keep a firm hold on the vehicle. (4) The supervision of children is the responsibility of the companions. In particular, they must ensure that children do not kneel or stand in the seats and have safety belts laid out or secured in a child restraint system in accordance with the provisions of road transport law. (5) If a passenger violates the duties assigned to him in accordance with paragraphs 1 to 4 in spite of a warning, he may be excluded from transport. (6) In the event of contamination of vehicles or operating facilities, the operator shall be subject to a fixed risk of injury. Cleaning costs are levied; further claims remain unaffected. (7) complaints are -except in the cases of Section 6 (7) and Section 7 (3)-not to the Fahr-but to the supervisory staff. In so far as the complaints cannot be dealt with by the supervisory staff, they shall be sent to the administration of the entrepre by indicating the date, time, and the name of the carriage and the line and, if possible, with the assistance of the ticket. (8) Whoever abusively actuates the emergency brake or other security institutions shall have to pay an amount of EUR 15 -without prejudice to prosecution in the criminal or penal proceedings and any further civil rights claims. The same shall apply if the failure to comply with the provisions of paragraph 2 (3) or (7) is infringed. Unofficial table of contents

§ 5 Assignment of wagons and seats

(1) The operating staff may refer passengers to certain wagons if this is necessary for operational reasons or for the performance of the obligation to carry them. (2) The operating staff is entitled to assign places to passengers; claim to a Seat does not exist. Seats are for severely disabled persons, in the capacity of disabled persons, elderly or frail persons, expectant mothers and for passengers with young children to be released. Unofficial table of contents

§ 6 Transport charges, tickets

(2) If the passenger is not accompanied by a ticket valid for that journey upon entering the vehicle, he shall immediately and unsolicly have the necessary information on the transport charges. (3) If the passenger is provided with a ticket when entering the vehicle, which is to be devalued, he shall immediately and unsolicly have to hand it to the operating staff for the devaluation; in vehicles with devaluers, the passenger shall immediately inform the driver of the ticket in accordance with the transport route (4) The passenger has to keep the ticket until the end of the journey and to show or hand it to the operating staff for examination at the request. (5) If the passenger has a duty to do so, he/she shall be obliged to in accordance with paragraphs 2 to 4, notwithstanding the request, it may be excluded from transport; the obligation to pay an increased transport charge in accordance with § 9 shall remain unaffected. (6) Wagons or parts of the carriage shall be allowed to operate in the no-man- are used only by passengers who have valid tickets. (7) Complaints of the ticket are to be presented immediately. Subsequent complaints will not be taken into account. Unofficial table of contents

§ 7 Payment means

(1) The travel allowance shall be kept ready for payment. The crew is not obliged to exchange funds of more than EUR 5 and to accept single centrements in the amount of more than 10 cents, as well as significantly damaged banknotes and coins. (2) Insofar as the mobile staff do not change amounts of money over 5 euros , the passenger shall be subject to an acknowledgement of the amount withheld. It is the responsibility of the passenger to collect the exchange money upon presentation of the receipt at the management of the entrepellent. If the passenger does not agree to this arrangement, he/she has to cancel the journey. (3) Complaints of the exchange rate or the receipt issued by the driver must be brought forward immediately. Unofficial table of contents

§ 8 Invalid driving licence

(1) Driving documents which are used in accordance with the conditions of transport conditions or of the transport tariff are invalid and shall be recovered, including for tickets which:
1.
are not filled out in accordance with the rules and are not filled out immediately despite the request,
2.
are not provided with a sticker mark,
3.
torn, cut or otherwise severely damaged, heavily soiled or illegible, so that they can no longer be tested,
4.
have been changed in their own right,
5.
be used by non-authorized persons,
6.
to be used other than the permitted journeys,
7.
due to time lapse or for other reasons,
8.
without the required light image.
(2) A ticket entitled to carriage only in connection with an application or a passenger card provided for in the transport tariff shall be deemed to be invalid and may be recovered if the application or Personal identity card is not shown on request. Unofficial table of contents

Section 9 Increased transport charge

(1) A passenger shall be obliged to pay an increased transport charge if he/she is
1.
did not obtain a valid ticket,
2.
has procured a valid ticket, but cannot show it in the course of a review,
3.
the ticket was not devalued or devalued without delay within the meaning of section 6 (3), or had not been devalued, or
4.
do not show or hand over the ticket for examination on request.
Prosecution in the criminal or penal proceedings shall remain unaffected. The provisions of points 1 and 3 shall not be applied if the certificate or the devaluation of the ticket is not made for reasons which the passenger does not have to represent. (2) In the cases referred to in paragraph 1, the trader may be able to: Raise up to 60 euros in transportation charges. It may, however, charge twice the transport charge for a simple journey on the distance travelled by the passenger, provided that the amount is higher than that of the first sentence, the increased rate of transport being able to be paid in accordance with the The starting point of the line shall be calculated if the passenger is unable to prove the distance travelled. (3) In the case of paragraph 1 (2), the increased transport fee shall be reduced to 7 euros if the passenger within a week from the Day of determination of the management of the entreprent person proves that at the time of the determination he/she shall: a valid personal time card. (4) If invalid time cards are used, further claims of the entrepre shall remain unaffected. Unofficial table of contents

Section 10 Repayment of transport charges

(1) If a ticket is not used for the journey, the transport fee shall be refunded upon application for presentation of the ticket. The passenger is obliged to use the ticket for the non-use of the ticket. (2) If a ticket is used only on part of the journey, the difference between the fare paid and the distance travelled shall be the difference between the distance and the distance travelled. shall be reimbursed upon request for presentation of the ticket. The passenger is obliged to pay for the only partial use of the ticket. (3) If a time card is not used or is only partially used, the ticket for the season ticket shall be charged with the transport fee for the time card. shall be reimbursed on request against presentation of the ticket. In order to determine the point in time up to which individual journeys-two journeys per day-are considered to be carried out, the date of return or deposit of the time card or the date of the postmark shall be the date of dispatch of the time card with the post. An earlier date can only be taken into account if the certificate issued by a doctor, hospital or health insurance company is presented in respect of illness, accident or death of the passenger. When calculating the transport charge for the individual journeys carried out, a reduction shall only be based on the conditions required for this purpose, and on the other hand, the transport fee shall be used for a simple journey. (4) Applications for the Paragraphs 1 to 3 shall be made immediately, no later than within one week after the expiry of the validity of the identity card in the management of the entrepre. (5) The amount to be reimbured shall be subject to a processing charge of EUR 2 plus one Any transfer fee may be deducted. The processing fee and any transfer fee are not deducted if the refund is requested on the basis of circumstances which the entrepellent has to represent. (6) If there is a exclusion from the carriage, except § 3 (1) 2. No 2, no right to reimbursement of the paid remuneration. Unofficial table of contents

Section 11 Transport of goods

(1) A claim for the carriage of goods does not exist. Hand luggage and other items are transported when the passenger is co-driving and only if this does not endanger the safety and order of the service and other passengers cannot be harassed. (2) From transport dangerous substances and dangerous objects, in particular:
1.
explosive, easily flammable, radioactive, irritant or corrosive substances,
2.
unpacked or unprotected things that passengers can infringe,
3.
Objects that project beyond the boundaries of the wagon.
(3) The obligation to transport infants in strollers is governed by the provisions of the first sentence of § 2. As far as possible, the operating staff shall ensure that passengers with children in a stroller are not rejected. The decision to take part is with the operating staff. (4) The passenger has to accommodate and supervise things in such a way that the safety and order of the holding is not endangered and that other passengers are not harassed. (5) The operating staff shall decide on a case-by-case basis whether goods are admitted for transport and at which point they are to be accommodated. Unofficial table of contents

§ 12 Transport of animals

(1) § 11 (1), (4) and (5) shall apply to the carriage of animals. (2) Dogs shall be carried only under the supervision of a person suitable for this purpose. Dogs that can endanger passengers must carry a muzzle. (3) Blind guide dogs accompanying a blind man are always allowed to carry. (4) Other animals may only be taken in suitable containers. (5) Animals must not be allowed to take part in the journey. be accommodated in seats. Unofficial table of contents

§ 13 Fundables

In accordance with § 978 of the German Civil Code (BGB), findings shall be delivered immediately to the operating staff. A case is returned to the loser by the entrepre's lost property office against payment of a deposit for the storage. Immediate return to the loser by the operating staff is permissible if he/she is able to show himself correctly as a loser. The loser has to confirm the receipt of the item in writing. Unofficial table of contents

§ 14 Liability

The contractor shall be liable for the killing or injury of a passenger and for damage to goods which the passenger carries or carries with him in accordance with the generally applicable provisions. In case of damage to property, the entreptite shall be liable to any person being transported only up to the maximum amount of EUR 1,000; the limitation of liability shall not apply if the material damage is due to intent or gross negligence. Unofficial table of contents

§ 15

(dropped) Unofficial table of contents

Section 16 Exclusion of replacement claims

Deviations from timetables due to traffic obstructions, operating faults or interruptions as well as lack of space do not justify any claims for compensation; in this respect, no guarantee is assumed for the holding of connections. Unofficial table of contents

§ 17 Place of jurisdiction

The place of jurisdiction for all disputes arising out of the contract of carriage shall be the seat of the entrepre. Unofficial table of contents

Section 18 Entry into force

This Regulation shall enter into force 6 months after the date of its announcement. Unofficial table of contents

Final formula

The Federal Minister for Transport