Law On The Federal Railway Administration

Original Language Title: Gesetz über die Eisenbahnverkehrsverwaltung des Bundes

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Act on the Federal Railway Administration (Bundeseisenbahnverkehrsverwaltungsgesetz-BEVVG)

Non-official table of contents

BEVVG

Date of expander: 27.12.1993

Full quote:

" Bundeseisenbahnverkehrsverwaltungsgesetz vom 27. December 1993 (BGBl. 2378, 2394), which was last amended by Article 2 of the Law of 28 June 1994. May 2015 (BGBl. I p. 824) "

:Last modified by Art. 2 G v. 28.5.2015 I 824

For more information, see the Notes

Footnote

(+ + + text evidence from: 1.1.1994 + + +)





























Heading: Short description and abbreviation. by Art. 2 No. 1 G v. 21.6.2002 I 2191 mWv 1.7.2002
The G was as Article 3 G 930-8 v. 27.12.1993 I 2378 (ENeuOG) approved by 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. Non-official table of contents

§ 1 competent authorities

(1) The tasks of the Federal Railway Administration are to be carried out, in so far as this law is not applicable. other than that determined by the Federal Ministry of Transport and Digital Infrastructure. It may delegate its duties in accordance with the first sentence, in whole or in part, to the Federal Railway Authority by means of a regulation which does not require the consent of the Federal Council.(1a) The Federal Ministry of Transport and Digital Infrastructure is authorized to use the law with the consent of the Federal Council,
1.
other public or to transfer, in whole or in part, the supervision of the railway system and the granting of authorisations, authorisations or approvals, including their suspension, restriction or withdrawal,
2.
giving the railroad federal office the power to grant private entities
a)
the granting of permits, Authorisations or recognitions, including their suspension, restriction or withdrawal,
b)
the register management
to be transferred, in whole or in part, or to to take part in it. 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 the transfer or participation, as well as the procedure. The positions within the meaning of the first sentence are subject to legal supervision by the Federal Railway Authority.
(2) The tasks of the Federal Railway assets under the law for the consolidation and restructuring of the Federal Railways of 27. December 1993 (BGBl. I p. 2378) shall remain unaffected. Non-official table of contents

§ 2 Railway-Federal Office

(1) As an independent federal authority for tasks of the railway administration, the Federal Railway Authority, which is under the authority of the Federal Ministry of Transport and Digital Infrastructure.(2) The Federal Ministry of Transport and Digital Infrastructure shall designate the seat of the Federal Railway Agency and the seat of external offices in consultation with the countries.(3) The assets taken from the stocks of the Federal Railway assets for the purpose of fulfilling the duties of the Federal Railway Agency shall be transferred without compensation for the value of the assets. 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 (Deutsche Reichsbahn), who, at the time of the establishment of the Federal Railways (Bundesamt), carry out tasks which, according to § 3 of the Federal Railways Office, are to be carried out by the Federal Railway Authority (Bundesamt), are officials Employees of the Federal Railway Authority. The second sentence of paragraph 6 shall apply 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 is to be heard before a translation or a secondhand plan that is likely to be held for more than three months.(6) The employment relationships of the employees and workers of the Federal Railways Office are from the date of entry into force of this Act to the Federal Government, Länder, Länder, Municipalities-(BAT) or the Covenant-Tariff Agreement for Federal workers (MTB II). 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 to be paid in accordance with the relevant tariff regulations (basic remuneration, monthly wage, Local surcharge, social surcharge), the difference shall be paid as a personal allowance.(7) The personal allowance referred to in paragraph 6 shall be reduced by remuneration and wage increases on the basis of hearing loss, as well as the rise in the age 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 the second sentence of paragraph 6 and the provisions of this paragraph shall not apply to employees and workers who are transferred to the Federal Railway Office after the end of five years after the establishment of the Federal Railway Office.(8) The Federal Railway Authority shall be headed by a President. Non-official table of contents

§ 3 Tasks of the Federal Railway Agency

(1) The Federal Railways Office shall be responsible for the following tasks, except as provided for in § 4 The authority referred to in paragraph 1 is:
1.
The plan setting for railway operations the federal government,
2.
the railway supervisor,
3.
the construction supervision of the operating systems of the Federal Railways,
4.
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 according to § 9 of the German Federal Railways Construction Act,
7.
pursuant to § 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 the Rail transport with other modes of transport.
To the extent that 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 Federal Railways Office.(1a) The Federal Railway Authority shall be the safety authority in accordance with the second sentence of Article 5 (1d) and the second sentence of the second sentence of the General Railway Act, which shall be subject to the tasks of railway safety within the meaning of the law of the European Communities or of the European Communities. Union is responsible.(2) In the planning procedure, the Federal Railway Authority has the plans for the construction of new or the modification of existing operating systems of the railways of the Federal Republic of the country's competent authority in the country where the operating facilities are located. 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 under its instruction and on the latter's behalf.(4) Fees and levies are charged for individually attributable public services of the Federal Railways Office. Until the entry into force of the legal regulation pursuant to Article 26 (1) (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. Non-official table of contents

§ 4 Regulatory Authority

(1) The task of ensuring compliance with the legislation on access to the railway infrastructure shall be subject to the supervision of the January 2006 the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways, which is subject to the technical supervision of the Federal Ministry of Transport and Digital Infrastructure. The service supervision is 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, within the framework of the activity assigned to it in accordance with the first sentence, carry out the administrative tasks of the Federal Government, which are assigned to it by law.(3) General instructions of the Federal Ministry of Transport and Digital Infrastructure within the framework of the specialist supervision are to be published in the Federal Gazette.(4) 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 Board). 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 Act on the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways shall be applied to the Advisory Board with the proviso that the Federal Ministry of Economics and Technology shall be replaced by the Federal Ministry of Economics and Technology. Energy from the Federal Ministry of Transport and Digital Infrastructure.(5) Assets which are taken from the stocks of the Federal Railway assets or the Federal Railways Office in order to fulfil the tasks of the authority referred to in paragraph 1 shall be transferred without compensation for the value of the value. The Federal Ministry of Finance and the Federal Ministry of Finance and the Federal Ministry of Economic Affairs and the Federal Ministry for Economic Affairs and Energy are responsible for the detailed information provided by the Federal Ministry of Transport(6) Charges and levies shall be charged for individually attributable public services of the authority referred to in paragraph 1. 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 this service shall be determined for the debtor, taking into account the economic circumstances of the charge debtor.(7) Up to 31. The Federal Railway Authority shall carry out the tasks assigned to the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways in accordance with paragraph 1 of this Regulation. Non-official table of contents

§ 5 Railway Safety Advisory Board

(1) A railway safety advisory board is set up at the Federal Railway Authority. It consists of a representative of the top national authorities responsible for the railway supervision and a representative of the Federal Ministry of Transport and Digital Infrastructure, which is chaired by the Federal Ministry of Transport and Tourism.(2) The Federal Railway Authority shall carry out the operations of the Railway Safety Advisory Board.(3) The deliberations shall not be 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 Railways Office.(4) The Railway Safety Advisory Council shall adopt its rules of procedure, which shall require the approval of the Federal Ministry of Transport and Digital Infrastructure.