Law On The Federal Railway Administration

Original Language Title: Gesetz über die Eisenbahnverkehrsverwaltung des Bundes

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.gesetze-im-internet.de/bevvg/BJNR239400993.html

Law on railway traffic management of Federal (Federal Railway Administration Act - BEVVG) BEVVG Ausfertigung date: 27.12.1993 full quotation: "federal railway administration law of 27 December 1993 (BGBl. I p. 2378, 2394), most recently by article 2 of the Act of May 28, 2015 (BGBl. I p. 824) has been changed" stand: last amended by art. 2 G v. 28.5.2015 I 824 for details on the stand number you see in the menu see remarks footnote (+++ text detection from) : 1.1.1994 +++) heading: short name and letter abbreviation eingef. Article 2 No. 1 G v. 21.6.2002 I 2191 mWv 1.7.2002 the G as article 3 G 930-8 v. 27.12.1993 I 2378 (ENeuOG) by the German Bundestag, with the consent of the Federal Council decided. It is accordance with art. 11 para. 1 sentence 1 of this G on the 1.1.1994 entered into force.

§ 1 competent authorities (1) the federal railway administration tasks are, as far as this law States otherwise, by the Federal Ministry of transport, and perceived digital infrastructure. It onto its tasks pursuant to sentence 1 totally or partially by legal regulation, which will not require the consent of the Federal Council, the federal railway authority.
(1A) the Federal Ministry of transport and digital infrastructure is authorized by decree with the consent of the Bundesrat 1 other public or private bodies the railway supervision and the issuing of permits, approvals or approvals, including their suspension, restriction or withdrawal, 2. to authorize the federal railway authority to transfer all or part, private bodies a) the granting of authorisations, approvals or approvals, including their suspension , Constraint or deprivation, b) to transfer the management of registers wholly or in part or to participate in the private bodies. A transfer or participation pursuant to sentence 1 is allowed only as far as the private bodies have required competence, reliability and independence to carry out the tasks. In the Ordinance pursuant to sentence 1 are the surrounding conditions for transfer or participation, as well as the procedure to fix. The bodies within the meaning of sentence 1 are subject to the legal supervision by the federal railway Office.
(2) the tasks of the federal railway assets under the Act to the merging and reorganization of the federal railways of 27 December 1993 (Federal Law Gazette I p. 2378) remain unaffected.

§ 2 federal railway authority (1) is an independent federal authority for railway traffic management tasks built the railway Federal Office that is subject to the Federal Ministry of transport and digital infrastructure.
(2) the Federal Ministry of transport and digital infrastructure to determine the seat of the federal railway Office and the seat of branch offices in consultation with the countries.
(3) the assets are taken to carry out the tasks of the railway Federal Office from the holdings of the federal railway assets be transferred without compensation. The Federal Ministry of transport and digital infrastructure lay down arrangements in consultation with the Federal Ministry of finance.
(4) officers and employees of the Deutsche Bundesbahn and the Deutsche Reichsbahn, that perform tasks at the time of the construction of the railway Federal Office, incumbent on the federal railway authority according to § 3, are from this point on, officials and workers at the railway Federal Office. Paragraph 6 sentence 2 shall apply accordingly.
(5) number of employees of the federal railway assets can be assigned or transferred to the perception of an at least equal weighted activity to the federal railway authority for official reasons. Prior to a transfer or a long secondment of workers is expected to be longer than three months to hear.
(6) on the working conditions of employees and workers of the railway Federal Office are from the date of entry into force of this law on the Federal - employee collective agreement - federal, countries, municipalities - (BAT) or the coat collective agreement for employees of the Federal Government (MTB II) to apply. Under the previously applicable tariff provisions related to monthly remuneration (base salary, wages table, local allowance, social allowance), decrease for employees and workers of the federal railway assets through a transfer to the federal railway authority the amount of the difference as personal allowance is paid.
(7) the personal allowance referred to in paragraph 6 is decreased to remuneration and wage increases on the basis of Höhergruppierung, as well as a rise in the living age and wage levels. At any general compensation and wage increase reduced the personal allowance by half of the amount of boost. Set 2 and the provisions of this paragraph do not apply to employees and workers who are transferred after five years after construction of the railway Federal Office to this, paragraph 6.
(8) the federal railway Office is headed by a President.

§ 3 duties of the railway-Bundesamt (1) federal railway authority responsibility for following tasks, if not the authority referred to in article 4, paragraph 1 the responsible is: 1 the plan approval for operating systems of the railways of the Federation, 2. railway supervision, 3. construction supervision for equipment of the railways of the Federation, 4. granting and revocation of an operating licence, 5. the exercise of sovereign powers as well as other supervisory and participation rights in accordance with laws and regulations , 6. the preparation and implementation of agreements pursuant to section 9 of the Federal rail expansion Act, 7 in accordance with § 5 para 1 g of the General railway law the professional study of dangerous events in the railway operations, 8 the granting of federal funds for the promotion of rail transport and to promote the combination of rail with other modes.
As far as these tasks are been perceived by the management scope of federal railway assets in the sense of § 3 para 1 No. 2 of the Act to the merging and reorganization of the federal railways, pass these tasks with the construction of the railway Federal Office to this Office.
(1a) the railway Federal Office is the security authority according to § 5 paragraph 1 d sentence 2 and paragraph 1e is set 2 of the General railway law, which carry out the tasks of railway safety in accordance with the law of the European communities or the European Union.
(2) in the planning approval process, the federal railway authority has plans for the construction of new or the modification of existing facilities of the railways of the Federation of the national law authorities of the country where the facilities are located, guide to completing the consultation process if the plans touch not only the part of the railways of the Federation. The federal railway authority determines the plan according to § 18 para 1 of the General railway law, approves a plan according to § 18 para 2 of the General railway law or the decision according to § 18 para 3 of the General railway law.
(3) the federal railway authority carries out the State railway authority and the authority for the granting of permits on the basis of an agreement with a country under the direction and on behalf.
(4) fees and expenses will be charged for individually attributable public services of the railway Federal Office. Until the entry into force of the regulation according to § 26 para 1 No. 9 of the General railway law of 27 December 1993 (Federal Law Gazette I p. 2378, 2396) charges in the case at hand, the administrative burden associated with this performance and the importance to establish the economic value or other benefits of this performance for the fees borrowers, taking into account the economic circumstances of the debtor of the fees are.

§ 4 regulator (1) is tasked with monitoring compliance with the legislation on access to the railway infrastructure, as of January 1, 2006 the Federal Network Agency for electricity, gas, telecommunications, post and railways, which in this respect is subject to the supervision of the Federal Ministry of transport and digital infrastructure. The service attendant is 1 assigned activity in agreement with the Federal Ministry of transport and digital infrastructure of the Federal Network Agency for electricity, gas, telecommunications, post and railways exercised in part pursuant to sentence.
(2) the Federal Network Agency for electricity, gas, telecommunications, post and railways takes part of her true pursuant to sentence 1 assigned activity the management tasks of the Federal Government, which are assigned to it by law.
(3) general directives of the Federal Ministry of transport and digital infrastructure in the context of professional supervision are to make known in the Federal Gazette.
(4) in the Federal Network Agency for electricity, gas, telecommunications, post and railways, a Special Advisory Board for questions of access to the railway infrastructure is formed (railway infrastructure Advisory Board). It consists of nine members of the German Bundestag and nine representatives or representatives of the Federal Council; the representative or representatives of the Bundesrat must be a member of a provincial government or politically responsible. Are on the Advisory Board section 5, subsection 1, sentence 2, para 2-5 and § 6 of the law on the Federal Network Agency for electricity, gas, telecommunications, to apply post and railways with the proviso, that the place of the Federal Ministry for for economy and energy, the Ministry of transport and digital infrastructure occurs.
(5) assets which are taken for the fulfilment of the tasks of the authority referred to in paragraph 1 from the holdings of the federal railway assets or the Federal Railroad Office be transferred without compensation. Details sets the Federal Ministry for transport and digital infrastructure in agreement with the Federal Ministry of finance and the Ministry for industry and energy.
(6) fees and expenses will be charged for individually attributable public services of the authority referred to in paragraph 1. Until the entry into force of a regulation related to the authority referred to in paragraph 1 to § 26 para 1 No. 9 of the General Railway Act are the fees in individual cases on the basis of the administrative burden associated with this performance and the importance to establish the economic value or other benefits of this performance for the fees borrowers, taking into account the economic circumstances of the debtor of the fees.
(7) until December 31, 2005 you are perceived (1) assignments of the Federal Network Agency for electricity, gas, telecommunications, post and railways after by the federal railway Office.

5 Railway Safety Advisory Council (1) the railway Federal Office made a railroad Safety Advisory Committee §. It consists of a representative of the Supreme Land authorities responsible for railway supervision, as well as a representative of the Federal Ministry of transport and digital infrastructure, which will be chaired.
(2) the railway Federal Office manages the Affairs of the Railway Safety Advisory Council.
(3) the consultations are not public. The President of the federal railway Office, or a person authorized by him shall attend the meetings. It must be consulted at any time. The participation in the consultations at the request of a member of the rail safety Advisory Committee or the President of the railway Federal Office may be allowed to other people.
(4) the Railway Safety Advisory Council is a rules of procedure which requires the approval of the Federal Ministry of transport and digital infrastructure.