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Law on the Federal Railway Administration

Original Language Title: Gesetz über die Eisenbahnverkehrsverwaltung des Bundes

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Law on the Federal Railway Administration (Bundeseisenbahnverkehrsverwaltungsgesetz-BEVVG)

Unofficial table of contents

BEVVG

Date of completion: 27.12.1993

Full quote:

" Bundeseisenbahnverkehrsverwaltungsgesetz vom 27. Dezember 1993 (BGBl. I p. 2378, 2394), as last amended by Article 2 of the Law of 28 May 2015 (BGBl. I p. 824).

Status: Last amended by Art. 2 G v. 28.5.2015 I 824

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.1994 + + +) 

Heading: abbreviated name and abbreviation by Art. 2 No. 1 G v. 21.6.2002 I 2191 mWv 1.7.2002
The G was decided as Article 3 G 930-8 v. 27.12.1993 I 2378 (ENeuOG) of the Bundestag with the consent of the Bundesrat. It's gem. Article 11 (1), first sentence, of this G entered into force on 1 January 1994. Unofficial table of contents

§ 1 competent authorities

(1) The tasks of the Federal Railways Administration shall be carried out by the Federal Ministry of Transport and Digital Infrastructure, insofar as this law does not determine anything else. The Federal Ministry of Transport and Digital Infrastructure is empowered to carry out its tasks in accordance with the first sentence of the Federal Republic of Germany, in whole or in part, by means of a regulation which does not require the approval of the Federal Council. (1a) by legal regulation with the consent of the Federal Council
1.
to transfer, in whole or in part, the supervision of the railways and the granting of authorisations, authorisations or recognition, including their suspension, restriction or withdrawal, to other public or private bodies,
2.
To give the Federal Railway Authority the power to provide private bodies
a)
the granting of authorisations, authorisations or approvals, including their suspension, restriction or withdrawal;
b)
the register management
in whole or in part, or to participate in the private sector. A transfer or participation in accordance with the first sentence shall be permitted only where the private bodies have the expertise, reliability and independence required for the performance of the tasks. The legal regulation referred to in the first sentence shall lay down the conditions for transfer or participation, as well as the procedure. The authorities within the meaning of the first sentence are subject to legal supervision by the Federal Office of Railways (Bundesamt).
(2) The tasks of the Federal Railway assets under the Law for the Merge and Restructuring of the Federal Railways of 27 December 1993 (BGBl. I p. 2378) shall remain unaffected. Unofficial table of contents

§ 2 Railway-Federal Office

(1) The Federal Ministry of Transport and Digital Infrastructure (Federal Ministry of Transport and Digital Infrastructure) is set up as an independent federal authority for railway traffic management tasks. (2) The Federal Ministry of Transport and Digital Infrastructure Infrastructure determines the seat of the Federal Railway Agency and the seat of external offices in consultation with the countries. (3) The assets which are used to fulfil the duties of the Federal Railway Agency from the stocks of the Federal Railway assets , are transferred without compensation for value. For details, the Federal Ministry of Transport and Digital Infrastructure is in agreement with the Federal Ministry of Finance. (4) Officials and employees of the Deutsche Bundesbahn and the Deutsche Reichsbahn, which are at the time of the establishment of the Federal Railway Agency duties, which are to be carried out in accordance with § 3 of the Federal Railways Office, are from that date to officials and employees of the Federal Railway Authority. The second sentence of paragraph 6 applies accordingly. (5) Employees of federal railway assets may, for official reasons, be transferred or seconded to the Federal Railway Authority for the purpose of carrying out an activity which is at least equivalent to that of the Federal Railways. The employee must be heard before a translation or a secondment, which is likely to take longer than three months. (6) The employment relationships of the employees and workers of the Federal Railways Office shall be subject to the date of entry into force of this Regulation. Federal, Länder, municipalities-(BAT) or the mantle collective agreement for employees of the federal government (MTB II) to be applied. In the case of employees and workers of the Federal Railways, the Federal Office of the Federal Republic of Germany (Bundeseisenbahn-Bundesamt) reduces the monthly salary (basic remuneration, monthly wage wage, monthly salary), which is based on the relevant tariff rules, by a displacement to the Federal Railway Authority. (7) The personal allowance provided for in paragraph 6 is reduced in terms of remuneration and wage increases due to hearing of the hearing, as well as the rise in the age of life. and wage levels. In the case of any general increase in remuneration and wages, the personal allowance shall be reduced by half the amount of the increase. The second sentence of paragraph 6 and the provisions of this paragraph shall not apply to employees and workers who are transferred after the end of five years after the establishment of the Federal Railway Authority. (8) The Federal Railway Authority shall be governed by a President headed. Unofficial table of contents

§ 3 Tasks of the Federal Railways-Federal Office

(1) The following tasks shall be assigned to the Federal Railway Authority, unless the authority referred to in Article 4 (1) is competent:
1.
the plan setting for the operating systems of the federal railways,
2.
railway supervision;
3.
the supervision of the construction of the Federal Railways,
4.
the granting and revocation of an operating licence;
5.
the exercise of public authority as well as supervisory and participation rights in accordance with other laws and regulations;
6.
the preparation and implementation of agreements pursuant to § 9 of the German Federal Railways Construction Act (Bundesrailwegeausbaugesetz)
7.
in accordance with Section 5 (1) of the General Railway Act, the technical examination of dangerous events in railway operations,
8.
the approval of federal funds for the promotion of rail transport and the promotion of the combination of rail transport with other modes of transport.
Insofar as these tasks have been carried out by the administrative area of the federal railway assets within the meaning of Section 3 (1) (2) of the Law on the Merge and Restructuring of the Federal Railways, these tasks shall be carried out with the establishment of the (1a) The Federal Railway Authority is the safety authority in accordance with the second sentence of Article 5 (1d) and the second sentence of the second sentence of the General Railways Act, which are responsible for the tasks of railway safety in accordance with the law of the Federal Republic of Germany. of the European Communities or of the European Union. (2) The Federal Railways Office has the plans for the construction of new or the modification of existing operating facilities of the Federal Railways of the federal state of the country in which the operating facilities are located, to the Federal Railways Office. To conduct the consultation procedure if the plans do not only affect the area of the federal railways. The Federal Railway Authority (Bundesamt) determines the plan pursuant to Section 18 (1) of the General Railway Act, grants the planning permission pursuant to Section 18 (2) of the General Railway Act or makes the decision pursuant to Section 18 (3) of the General Railway Act. Railway Law. (3) The Federal Railway Authority shall carry out the national railway supervision and the power to issue permits on the basis of an agreement with a country according to its instruction and on the latter's behalf. (4) For individual Charges and levies are levied on public services of the Federal Railways Office. Until the entry into force of the Legal Regulation pursuant to Section 26, Section 1, No. 9 of the General Railway Act of 27 December 1993 (BGBl. 2378, 2396), the fees are, in individual cases, on the basis of the administrative costs associated with this performance and the importance, economic value or other benefits of such benefit for the fee debtor, taking into account the economic conditions of the charge debtor. Unofficial table of contents

§ 4 Regulatory Authority

(1) The task of monitoring compliance with the legislation on access to the railway infrastructure shall be the responsibility of the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railway (Bundesnetzagentur für Electricity, Gas, Gas, Telecommunications, Post and Railway) as from 1 January 2006. Supervision of the Federal Ministry of Transport and Digital Infrastructure is subject to supervision. The service supervision shall be carried out in agreement with the Federal Ministry of Transport and Digital Infrastructure within the framework of the activity assigned to the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways in accordance with the first sentence. (2) The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways shall carry out, within the framework of the activity assigned to it in accordance with the first sentence, the administrative tasks of the Federal Government which are assigned to it by law. (3) General instructions of the Federal Ministry of Education and Research Federal Ministry of Transport and Digital Infrastructure within the framework of the The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways (Bundesnetzagentur für Electricity, Gas, Telecommunications, Post and Railways) is a special advisory board for questions of access to railway infrastructure. (Railway Infrastructure Advisory Council). It consists of nine members of the German Bundestag and nine representatives of the Bundesrat; the representatives of the Federal Council must be a member of a federal state government or represent them politically. § 5 (1) sentence 2, para. 2 to 5 and § 6 of the Law on the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways shall apply to the Advisory Board with the proviso that the Federal Ministry of Economics shall be replaced by the Federal Ministry for Economic Affairs and the Federal Ministry of Economics and Technology and energy the Federal Ministry of Transport and Digital Infrastructure shall enter. (5) Assets that are to be used for the performance of the tasks of the authority referred to in paragraph 1 from the stocks of the Federal Railway assets or the Federal Railways Office , are transferred without compensation for value. The Federal Ministry of Transport and Digital Infrastructure sets out details in agreement with the Federal Ministry of Finance and the Federal Ministry for Economic Affairs and Energy. (6) For public services which are individually attributable the authority referred to in paragraph 1 shall be charged with charges and levies. Until the entry into force of a legal regulation relating to the authority referred to in paragraph 1 in accordance with Article 26 (1) (9) of the General Railways Act, the fees shall be charged on a case-by-case basis on the basis of the administrative costs associated with that performance, and the importance, economic value or other benefits of such benefit for the charge debtor, taking into account the economic circumstances of the charge debtor. (7) Until 31 December 2005, the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways tasks assigned under paragraph 1 by the Federal Railway Authority. Unofficial table of contents

Section 5 Railway Safety Advisory Council

(1) A railway safety advisory board shall be formed at the Federal Railway Authority. It consists of one representative of the highest national authorities responsible for the railway supervision, as well as a representative of the Federal Ministry of Transport and Digital Infrastructure, which chairs the presidency. (2) The Federal Railways Office is conducting the business the Railway Safety Advisory Board. (3) The deliberations are not public. The President of the Federal Railway Agency or a person appointed by him shall take part in the meetings. He must be heard at any time. Other persons may be allowed to participate in the deliberations at the request of a member of the Railway Safety Advisory Board or the President of the Federal Railway Agency. (4) The Railway Safety Advisory Council shall adopt its Rules of Procedure which shall: approval of the Federal Ministry of Transport and Digital Infrastructure requires.