Act On The Survey Of Distance-Based Charges For The Use Of Motorways And Federal Highways

Original Language Title: Gesetz über die Erhebung von streckenbezogenen Gebühren für die Benutzung von Bundesautobahnen und Bundesstraßen

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Law on the collection of route-related charges for the use of federal highways and federal highways (Bundesfernstraßenmautgesetz-BFStrMG)

Non-official table of contents

BFStrMG

Date of delivery: 12.07.2011

Full quote:

" Bundesfernstraßenmautgesetz vom 12. July 2011 (BGBl. 1378), which was last amended by Article 1 of the Law of 10. June 2015 (BGBl. I p. 922) "

:Last modified by Art. 1 G v. 10.6.2015 I 922

For details, see the Notes

Footnote

(+ + + text evidence from: 19.7.2011 + + +)

tab.
was used as Art. 1 of the G v. 12.7.2011 I 1378 of the Bundestag. It's gem. Article 7 of this G entered into force on 19 July 2011. unofficial table of contents

§ 1 highway and federal road tolls

(1) for use
1.
of the federal highways and
2.
of the federal roads or sections of federal roads,
a)
for which according to § 5 paragraph 1 of the Federal Road Traffic Act the Federation is the carrier of the building load,
b)
none Local transit within the meaning of § 5 (4) of the Federal Road Traffic Act (Bundesfernstrasse) are,
c)
which are extended with two or more lanes for each direction of travel,
d)
the one-way lanes or other building facilities-except in the case of caves-separate lanes for the direction traffic ,
e)
either
aa)
, regardless of a minimum length, directly to a Federal highway, or
bb)
independent of a minimum length, directly linked to a federal highway via another toll road or
cc)
without being tied to a toll road, having a minimum length of 4 kilometers
vehicles in the sense of Sentence 2 shall be a fee within the meaning of Article 2 (b) of Directive 1999 /62/EC of the European Parliament and of the Council of 17 May 1999, of the European Parliament and of the Council. June 1999 on the levying of charges for the use of certain infrastructures by heavy goods vehicles (OJ L 327, 28.8.1999, p. 42), as last amended by Directive 2013 /22/EU (OJ L 196, 27.7.2013, p. OJ L 158, 10.6.2013, p. 356), and the Commission has to pay (toll). Vehicles are motor vehicles or vehicle combinations,
1.
which are intended or used exclusively for the carriage of goods by road, and
2.
the maximum permissible gross laden weight is at least 7.5 tonnes.
(2) The tolls referred to in paragraph 1 shall not be paid when using the following vehicles:
1.
powerbus,
2.
Vehicles of the Armed Forces, the Police Authorities, the Civil and Civil Protection, the Fire Brigade and other emergency services, as well as the federal vehicles,
3.
Vehicles used exclusively for road maintenance and road service, including road cleaning and winter service,
4.
Vehicles used exclusively for the purpose of the show and circus industry,
5.
Vehicles used by charitable or charitable organizations for the transportation of humanitarian supplies that serve to alleviate an emergency situation
The requirement for the toll exemption set out in the first sentence of the first subparagraph of paragraph 2 to 4 is that the vehicles should be identified as intended for the purposes specified therein. In the case of combinations of vehicles, the motor vehicle is decisive for the toll-free movement of the combination.(3) The tolls referred to in paragraph 1 shall not be payable on:
1.
of the Bundesautobahn A 6 from the German-French border to the junction Saarbrücken-Fechingen in both directions,
2.
of the Federal Highway A 5 from the German-Swiss border and the German-French border to the junction Müllheim/Neuchâtel in both directions,
3.
the sections of the federal highway, for the use of which Tolls according to § 2 of the German Highway Building Private Finance Act of 30. August 1994 (BGBl. 2243), as amended,
4.
the sections of the Federal Highways, which are extended with only one lane for each driving direction and not
Ministry of Transport and Digital Infrastructure is authorized by the Federal Council, with the consent of the Federal Council, to apply the toll requirement to precisely designated sections of the network. other than the national roads referred to in the first sentence of paragraph 1, point 2, where this is justified in order to avoid the use of foot-and-mouth, or for reasons relating to the safety of transport.(5) Insofar as the obligation to pay the toll exists only on sections of federal roads, it is appropriate to point out the toll obligation of the relevant toll section in a suitable manner. The obligation to hint after the first sentence is fulfilled by the publication of a list of toll-free sections of federal roads in the Federal Gazette (Mauttable). The toll requirement for the sections referred to in the first sentence of paragraph 1 (2) (e) double letter (cc) shall be indicated by road traffic law signs. Non-official table of contents

§ 2 Mautschuldner

Mautschuldner is the person who during the toll-free use of roads in the sense of § 1
1.
The owner or owner of the motor vehicle, or
2.
about the use of the Motor vehicle determined or
3.
the motor vehicle is carrying.
Several toll debtors are liable to be the total debtor. Non-official table of contents

§ 3 toll rates and toll calculation

(1) The toll due is determined by the toll road in the sense of the § 1 of the distance travelled by the vehicle or combination of vehicles and a toll per kilometre in accordance with the provisions of paragraph 3, each of which shall consist of one tolls set for
1.
the infrastructure cost and
2.
the air pollution cost
.(2) The distance covered shall be determined separately for each section of the toll road network used (toll section). A section is the route between two nodal points within the meaning of Section 3a (1) or of a regulation on the basis of Section 3a (2). The length of each section refers to the intersection of the linked road axes or, in the absence of a road axis, to the beginning or end of the toll road and is to round off commercial to full 100 meters. The route lengths determined in this way will be published on the Internet at www.mauttabelle.de. If a mouth section is not completely covered, it is nevertheless to be used with its determined route length of the toll collection.    (3) The amount of the tolls shall be calculated as the sum of the tolls in accordance with Appendix 1.(4) The calculation of the tolls shall be carried out by multiplying the length of the toll section, which is to be based on paragraph 2, by the tolling rate. The result is to round off to a full cent amount in commercial terms. In so far as the distance covered comprises several sections, the calculation shall be carried out in accordance with the rates 1 and 2 for each section of the mouth, and the sum of the toll collected on the total distance covered shall be calculated from this point. unofficial table of contents

§ 3a node points

(1) A node within the meaning of this law is for toll roads
1.
within the meaning of § 1 paragraph 1
a)
a connector on a federal highway including the Bundesautobahn cross and Bundesautobahndreieck,
b)
a rest position with a right-trackable turning possibility,
c)
an intersection, injunction or access to a toll road or descent from a toll road, other than train journeys within the meaning of § 8a of the German Federal Ministry of Education and Bundesfernstraßengesetz,
d)
the federal border;
2.
within the meaning of § 1 (4) a point defined by law on the basis of paragraph 2.
(2) The Federal Ministry of Transport and Digital Infrastructure is authorized by the Federal Council without the consent of the Federal Council for road-toll roads in the sense of § 1 (4) shall specify the nodal points. The determination must be made in such a way as to take account of the local conditions of the toll-paying part of the road concerned and of the usual transport behaviour. Non-official table of contents

§ 4 toll payment and toll payment

(1) The toll debtor has the toll in the form of § 3, also in connection with § 14, the resulting amount at the latest at the beginning of the toll-paying use or in the case of a stundung at the stipulated date to the Federal Office of Goods Transport. The toll is paid for a particular vehicle with the license plate assigned to it.(2) § 13 (3) and § § 16 to 19 and 21 of the Federal Law on Fees are, insofar as this law or the legal regulations issued pursuant to this Act do not provide otherwise, with the proviso that: by way of derogation from Article 16 (1) of the Federal Law on Fees, an allowance may be levied,
1.
of the 5 Percentage points above the base interest rate of the backward amount per year, and
2.
to be paid on the fifth day after the day of the maturity of the toll
Refunds according to § 21 of the Federal Law on Fees are to be requested in writing to the Federal Office for Goods Transport. At the request of the Federal Office for the Transport of Goods, appropriate documents are to be submitted for clarification of the claim. The application for reimbursement shall be decided by decision. The third sentence of paragraph 5 shall apply accordingly.(3) The Federal Office of Goods Transport may entrust a private company with the establishment and operation of a toll collection system or commission it to participate in the survey of tolls (operators). The Federal Office of Goods Transport in the Federal Gazette (Bundesanzeiger) is aware of the transfer or the assignment. For the purpose of the operation of the toll collection system, the operator may collect, process and use subsequent data:
1.
Height of the paid tolls,
2.
the distance for which the toll was paid
3.
The place and time of the toll road,
4.
when tolling the toll before use of toll roads in the sense of § 1: the period of time allowed for the performance of the journey and the document number,
5.
The registration number of the vehicle or the vehicle. Vehicle combination,
6.
for the vehicle height characteristics of the vehicle or the combination of vehicles,
7.
Identification number
a)
of Operator or
b)
of the provider pursuant to § 10 (1) or § 11 (1) of the Mautsystemgesetz of 5. December 2014 (BGBl. 1980)
8.
The identification number of the vehicle installed in the vehicle for the purpose of toll collection,
9.
User Contract Number.
These data may be processed and used exclusively for the purposes of this Act. Any transfer, use or seizure of such data in accordance with other legislation shall be inadmissible. For providers within the meaning of § 10 (1) and § 11 (1) of the Mautsystemgesetz, the sentences 3 to 5 shall apply accordingly.(4) The Mautschuldner shall participate in the toll collection. It shall properly use the technical equipment in the direction of the toll and shall indicate the facts relevant to the toll. The Federal Ministry of Transport and Digital Infrastructure is authorized to regulate the use of the technical facilities by means of a regulation without the consent of the Federal Council, and to set the facts of the case in accordance with the second sentence as well as the procedure for the indication of these facts.(5) A toll or, in the case referred to in paragraph 6, first sentence, an amount corresponding to the toll shall be reimbursed in whole or in part upon request if the journey for which it was paid is not carried out or is not carried out in full (refund of the toll). The Federal Ministry of Transport and Digital Infrastructure is authorized to regulate the procedure for the refund of the toll by means of a regulation without the consent of the Federal Council. The processing fee for a refund charge is not more than 20 Euro.(6) The operator or a provider who has concluded a contract in accordance with Section 4d (1) or § 4f (1) with the Federal Office for the Transport of Goods shall be obliged to pay an amount equal to the amount of an amount equal to the amount of the amount of the amount of the goods. Tolls shall be exempt from the obligation to pay the toll to the Federal Office of Goods Transport in so far as the Mautschuldner
1.
tells you that there is a legal relationship between it and the operator or the provider in question, on the basis of which the toll-debtor has to pay, or has paid, for each toll-free use of a toll road within the meaning of § 1, a fee equal to the toll to be paid to the operator or the respective provider, and
2.
ensures that its obligations under the legal relationship are fulfilled.
The proof in accordance with the first sentence is to be provided in a suitable manner, in particular, the first and second sentences of paragraph 4 shall apply, and the provisions adopted pursuant to the third sentence of paragraph 4 and the second sentence of paragraph 5, and Articles 7 (5) and 6 shall apply accordingly. Non-official table of contents

§ 4a European electronic toll service

The toll system under this law is an electronic toll system in the sense of § 1 (1) of the Mautsystemgesetz. Non-official table of contents

§ 4b Federal Office for Goods Transport

Subject to deviating regulations in this law, the Federal Office of Goods Transport for the electronic toll system according to the law of the federal government in accordance with the toll system law. Non-official table of contents

§ 4c Admission procedure

(1) For the admission according to § 10 of the toll system law for the roads subject to toll conditions pursuant to § 1.
1.
To complete a verification agreement in accordance with § 4d paragraph 1,
2.
the verification procedure in accordance with Section 4d (3),
3.
to grant a restricted admission pursuant to § 4e (1),
4.
to perform the pilot operation according to § 4e paragraph 2 and
5.
an admissions contract in accordance with § 4f paragraph 1
(2) The test for suitability for use in accordance with § 23 of the Mautsystemgesetz shall consist of the test procedure referred to in paragraph 1 (2) and the pilot plant referred to in paragraph 1 (4). Non-official table of contents

§ 4d Examination agreement and test procedure

(1) The Federal Office of Goods Transport has a provider that is based on § 4 of the Mautsystemgesetz (toll system law) is registered and has submitted an application for admission to the provision of toll service-related services in accordance with § 10 paragraph 1 of the Mautsystemgesetz (toll system law), to conclude a public service contract with which the provider will make it to the Federal Office of Goods Transport allows to determine the filling of the requirements in accordance with § 4f (1) (test agreement). (2) According to § 4h sentence 1 for all providers, each inspection agreement shall contain a legal regulation according to the approximate provision. uniform rules
1.
on the timing and organisation of the examination procedure and the Pilot operation, including the start and end of the test procedure and the pilot operation,
2.
on the provider's and the provider's obligations and obligations under the pilot scheme, and the Federal Office for Goods Transport,
3.
on the lawful handling of data, in particular the security of data, data protection, handling of confidential data, transmission, Storage, locking, and deletion,
4.
on the terms and conditions of the provider's participation in the pilot operation toll collection,
5.
on liability regulations, contractual penalty options and termination rights,
6.
to take action Protection of the financial claims of the Federal Government,
7.
to the fees to be paid by the provider for the fees for the purposes of the examination procedure pursuant to § 4d (3) and the Pilot operations in accordance with § 4e (2), including their amount and terms of payment,
8.
on the limitation of rights of the provider and the complete or partial waiver of the rights of the provider in favor of the federal government and
9.
to the obligations of the provider upon termination of the Examination Agreement.
The examination agreement may also include provisions which do not directly relate to the provision of services, but which are necessary for the design of other relationships between the parties.(3) After the conclusion of the examination agreement in accordance with paragraph 1, the Federal Office of Goods Transport shall determine whether the respective provider who has applied for the authorisation to provide toll-service-related services on the roads subject to § 1 of the toll-paying road shall be responsible for the Requirements according to § 4f (1) (1) to (3) shall be fulfilled, to the extent that this is possible before the pilot operation is carried out in accordance with § 4e (2). Unofficial Table Of Contents

§ 4e Restricted Admission and Pilot Operation

(1) The Federal Office of Goods Transport (Bundesamt für Güterverkehr) is allowed to Toll system law a provider on request for the provision of toll-related services on the roads subject to § 1 toll road for the purpose of carrying out the pilot operation under paragraph 3 by administrative act (restricted admission) if the Supplier has successfully passed the test procedure in accordance with § 4d paragraph 3.(2) Following the granting of the restricted authorisation referred to in paragraph 1, the Federal Office of Goods Transport shall determine, in the context of a pilot operation in accordance with Section 11 (1) of the Mautsystemgesetz, whether the respective provider who is responsible for the provision of toll-service-related services In accordance with § 4f (1) (1) (1) to (3), benefits on the roads subject to § 1 toll-free roads have been requested. Non-official table of contents

§ 4f Admission of providers

(1) The Federal Office of Goods Transport (Bundesamt für Güterverkehr) makes a decision to grant a Providers on request to participate in the collection of the toll on the roads subject to § 1 toll road by public service contract to (admission contract) if the provider
1.
ensures that its participation in the collection of tolls is only in accordance with § 4 paragraph 6
2.
ensures that the tolls are calculated in accordance with Section 3 (4),
3.
According to § 4i, the territorial requirements for the roads according to § 1 of the toll system are fulfilled, in particular the suitability for use of the interoperability constituents used by him in accordance with the provisions of Section 23 of the Mautsystemgesetz
(2) Each admission contract contains, after the determination by a legal regulation in accordance with § 4h sentence 1, uniform regulations for all providers
1.
on the conditions for the provider to participate in the toll collection and its scope in the Link with the toll collection,
2.
at the beginning of the delivery of toll-service-related services, at runtime and termination of the admissions contract,
3.
about the contract fulfillment type,
4.
to the case groups in which the procedure to determine the suitability for use of interoperability constituents is to be repeated in whole or in part in accordance with § 23 of the Toll System Act,
5.
to be co-operating and Service obligations of the provider and the Federal Office for Goods Transport,
6.
for the lawful handling of data, in particular the security of the data, data protection and the Handling of confidential data, transmission, storage, blocking and deletion,
7.
on the measures to ensure the complete toll collection and the removal of the mouse to the Bundesamt für Güterverkehr und zur Implementation der supervision of the provider, including access and inspection rights of the Federal Office for Goods Transport,
8.
to the Guidelines for the protection of the financial claims of the Federal Government,
9.
to restrict the rights of the provider, the complete or partial waiver of rights of the Supplier in favour of the Federal Government,
10.
to the fees to be paid by the provider for the repetition of the procedure for the determination of the suitability for use of Interoperability constituents according to § 23 of the Mautsystemgesetz, including their level and terms of payment,
11.
to the fees to be paid by the provider to cover the costs in accordance with Section 9 (1), second sentence, point 1 in conjunction with paragraph 3 of the Mautsystemgesetz,
12.
on liability regulations, contractual sanctions and notice rights as well as
13.
to the obligations of the provider after termination of the admissions contract.
In addition, such regulations may be introduced into the admission contract. , which are not directly related to the provision of services, but which are necessary for the design of other relations between the Parties. Non-official table of contents

§ 4g Monitoring

(1) The Federal Office of Goods Transport monitors the compliance with the obligations of the providers from the Verification agreements pursuant to § 4d (1), the limited authorisations pursuant to § 4e (1) and the admissions agreements pursuant to § 4f (1), and take the measures necessary to establish or to grant a reasonable suspicion of a breach or shall be required for the elimination of identified infringements or for the prevention of future infringements. This includes, in particular, the power to terminate a test agreement in accordance with § 4d (1) or an admissions contract in accordance with § 4f (1) if the conditions for termination are fulfilled.(2) The Federal Office of Goods Transport has to revoke the restricted admission if the conditions pursuant to § 4f (1) are subsequently omitted. The Federal Office of Goods Transport has to withdraw the restricted admission if the conditions under Section 4f (1) have not been fulfilled.(3) The Federal Office of Goods Transport may revoke the restricted admission if the provider is in breach of obligations arising out of this law, under this law or under the examination agreement pursuant to § 4d paragraph 1 and therefore a It is not possible to carry out the pilot operation properly.(4) The opposition and the action taken against the withdrawal or revocation of the restricted authorisation shall not have suspensive effect. Non-official table of contents

§ 4h Legal Regulations on Audit Agreement and Admission Contract

The Federal Ministry of Transport and Digital Infrastructure is authorized to determine the details of the provisions of the examination agreement according to § 4d (2) and the admissions contract in accordance with § 4f (2) in a uniform manner by means of a legal regulation without the consent of the Bundesrat. The Federal Ministry of Transport and Digital Infrastructure is also authorized to transfer all or part of its power to the Federal Office of Goods Transport by means of a regulation without the consent of the Federal Council. Non-official table of contents

§ 4i Legal Regulations on Territorial Preferences

The Federal Ministry of Transport and Digital Infrastructure is authorized to: By means of a regulation without the consent of the Federal Council, the territorial preferences within the meaning of § 9 (1), (3) and (4) of the Mautsystemgesetz (toll system law) for the roads according to § 1 of the toll system. The Federal Ministry of Transport and Digital Infrastructure is also authorized to transfer all or part of its power to the Federal Office of Goods Transport by means of a regulation without the consent of the Federal Council. Non-official table of contents

§ 4j User lists

(1) The authorized providers pursuant to § 4e or § 4f shall transmit to the Federal Office for Goods Transport (Bundesamt für Güterverkehr) electronic means for the purposes referred to in paragraph 3, daily data as set out in the second sentence of the respective contracts concluded by the provider with its users (user lists). The following data are to be stored in the user lists:
1.
The vehicle or the vehicle. Vehicle combination,
2.
vehicle identification number,
3.
contract number of the vehicle. Users.
(2) At the request of the Federal Office for Goods Transport, the authorized providers pursuant to § 4e or § 4f shall transmit the following data for the purposes referred to in paragraph 3:
1.
User name and address,
2.
vehicle or vehicle combination license plate,
3.
the identification number of the Vehicle equipment,
4.
User's contract number.
(3) The Federal Office of Goods Transport may use the data referred to in paragraphs 1 and 2 solely for the purpose of exercising collect, store and use its sovereign functions in the context of the control of compliance with the obligation to toll the toll and pay for violations and in the supervision of the authorized providers pursuant to § 4e or § 4f. Any transfer, use or seizure of such data in accordance with other legislation shall be inadmissible.(4) The data referred to in paragraph 1 shall be deleted by the Federal Office of Goods Transport three years after the end of the calendar year in which they have been transmitted. The data referred to in paragraph 2 shall be deleted immediately by the Federal Office of the Transport of Goods after the purpose of its transmission has been fulfilled, at the latest after the expiry of the retention periods for the purposes of budgetary law. Non-official table of contents

§ 5 Proof of the direction of the toll by the debtor.

The Mautschuldner shall, at the request of the Federal Office, Goods transport to prove the correct payment of the toll. The Federal Ministry of Transport and Digital Infrastructure is authorized to settle details of the procedure for the detection of the toll road by means of a legal regulation without the consent of the Federal Council. The legal regulation referred to in the second sentence may provide that, in the event of the emission class of the vehicle being not properly determined, the toll can be calculated on the basis of the maximum rate. Non-official table of contents

§ 6 Facilities for levying the toll

(1) The operator has the facilities for the operation of the toll collection system and for the determination of toll-based uses of toll roads within the meaning of § 1 with the agreement of the competent authorities of the Länder.(2) The operator is responsible for the procurement, installation, maintenance and removal of the traffic signs and transport equipment required for the toll collection. It shall, in due time, collect the necessary orders from the competent authorities of the countries under the supervision of which it is subject. The operator shall be entitled to operate the traffic signs and transport equipment necessary for the toll collection in accordance with the arrangements of the competent authorities of the countries concerned. Non-official table of contents

§ 7 Control

(1) The Federal Office of Goods Transport monitors compliance with the provisions of this law. The Federal Office of Goods Transport may use the assistance of the operator within the meaning of § 4 (3) in the control of compliance with the obligation to pay the toll. For this purpose, the operator can be assigned the determination of uses of toll roads within the meaning of § 1 and the proper toll road direction.(2) The Federal Office for the Transport of Goods and the Operator may collect, store, use and communicate the following data within the framework of the control:
1.
image of the vehicle,
2.
the name of the person leading the motor vehicle
3.
Location and time of toll-free use of toll roads within the meaning of § 1,
4.
Flag of the Vehicle or combination of vehicles,
5.
for the level of the vehicle or the combination of vehicles,
6.
Operator or vendor identification number in accordance with § § 4e and 4f,
7.
Identification number and operational status of the vehicle equipment,
8.
User's contract number.
These data may be used solely for the purpose of monitoring compliance with the requirements of this law are processed and used. Any transfer, use or seizure of such data in accordance with other legislation shall be inadmissible.(3) In addition, the operator shall forward to the Federal Office of Goods Transport the data relating to the direction of the toll in accordance with section 4 (3) for the implementation of the control referred to in paragraph 1. The Federal Office of Goods Transport may also process and use the data transmitted to it for the monitoring of the operator. For providers in accordance with § § 4e and 4f, the sentences 1 and 2 apply accordingly.(3a) The Federal Office for the Transport of Goods may also use, in accordance with § 1 (1) toll roads, sample-like own optical-electronic devices in order to verify that the operator is complying with the toll requirement in accordance with § 7 paragraph 1 sentence 2 properly controlled. § 6b of the Federal Data Protection Act is not applicable. The data collected may be stored and used only for the purposes set out in the first sentence of the first sentence; paragraph 2, sentence 3 shall apply mutatily.(4) The employees of the Federal Office of Goods Transport may stop motor vehicles for the purpose of checking compliance with the toll requirement in accordance with § 1. Persons entitled to control shall be authorized to issue orders for the purpose of carrying out the control measures in accordance with the first sentence. This does not release the road user from his due diligence.(5) If the toll debtor has paid the toll prior to the use of a toll road within the meaning of § 1 and if he has been granted a receipt, he shall, within the limits of his obligation to provide proof of duty pursuant to § 5, have to use a toll-liable party. the road within the meaning of § 1 and, on request, to hand over the persons authorized to control it for examination. In addition, it shall issue the vehicle registration certificate or certificate of registration Part I, the prescribed transport documents and the driving licence for the persons authorised to check it for examination. In so far as travel is authorised (authorisation under the law on the carriage of goods by road and by way of proof of the employment and activities of the passenger on motor vehicles, Community licence, CEMT, CEMT, retreat or third country approval), or proof of the fulfilment of certain technical, safety and environmental requirements for the motor vehicle is required, the second sentence shall apply accordingly. The driver shall, on request, provide information on all the facts which are relevant to the implementation of the control.(6) It shall be prohibited to order, as a debtor, in accordance with § 2 (1) or (2), or to allow the driver of the vehicle
1.
the title referred to in paragraph 5, sentence 1, over the direction of the toll, or
2.
another in paragraph 5, sentence 2 and 3 " document
or does not hand over the persons authorized to control it.(7) Persons authorised to control shall be entitled to collect the toll due at the place of control. Section 8 (2) shall apply accordingly. They may prohibit the continuation up to the payment of the toll, if the toll is not paid in spite of a request at the place of control and if there are facts which give rise to doubts as to the later introduction of the toll.(8) Further powers of the Federal Office of Goods Transport, which comply with other statutory provisions for the supervision of compliance with the provisions of this Act, shall remain unaffected. Non-official table of contents

§ 8 Admission to the toll collection

(1) The toll can also be levied afterwards. The operator may be transferred the retrospective survey of the toll for cases in which he establishes, in accordance with Article 7 (1) sentence 3, the use of a toll road within the meaning of § 1 and does not pay the toll due and not in the The scope of the control referred to in Article 7 (7) has been collected. The Federal Office for Goods Transport is the opposition authority.(2) In the case of the subsequent toll collection, the actual distance of the use of toll roads within the meaning of § 1 cannot be determined, a toll is levied which is a distance of 500 kilometres on toll roads in the sense of of § 1. A subsequent toll collection shall not be required, provided that the debtor has been shown to have fulfilled the duties assigned to him in the direction of the toll. Non-official table of contents

§ 8a Disclosure of administrative records abroad

In addition to Section 41 (2) of the Administrative Procedure Act, the following applies to the Announcement of administrative records abroad § 122 (2) (2) of the Tax Code accordingly. Non-official table of contents

§ 9 Data deletion, business statistics

(1) The operator has the data stored in accordance with § 4 paragraph 3 sentence 3 shall be deleted immediately if the request for a toll refund has not been made in due time. If a refund request has been made in due time, the data shall be deleted immediately after the conclusion of the procedure. For providers in accordance with § § 4e and 4f, the sentences 1 and 2 apply accordingly.(2) The Federal Office for Goods Transport has to delete the data in accordance with § 4 (3) sentence 3 number 5 three years after the end of the calendar year in which the toll-free use of roads has been terminated. The remaining data transmitted in accordance with § 7 (3) sentence 1 shall be deleted six years after the transmission.(3) The data in accordance with § 7 (2) sentence 1 shall be deleted immediately,
1.
as soon as it is established that the toll is , and a toll-refund request is not allowed or a toll-refund request has not been made in due time,
2.
as soon as a
(4) If it has been established that the toll has not been paid, the data shall be deleted in accordance with § 7 (2) sentence 1
1.
from the operator after the post-survey process is complete,
2.
of the Federal Office of Goods Transport two years after the data has been stored for the first time.
(5) Pictures and data collected in the context of the control pursuant to § 7 paragraph 2 and , shall be deleted immediately after the checking operation if the motor vehicle is not subject to the toll.(5a) The Federal Office of Goods Transport has to delete the data in accordance with § 7 (3a) sentence 1 three months after recording. By way of derogation from the first sentence, the data shall be deleted six years after the end of the calendar year in which they were collected, if a measurement document documented in this data collection has a causal effect on the level of the operator's remuneration.(6) Data stored in accordance with this Act may be used in anonymized form for the production of business statistics. Non-official table of contents

§ 10 Penal rules

(1) Contrary to the law, who intentionally or negligently
1.
contrary to § 4, paragraph 1, sentence 1 a toll not, not complete or not in time
2.
a fully-drawable arrangement in accordance with § 7, paragraph 4, sentence 2,
3.
contrary to § 7 paragraph 5 sentence 1 in conjunction with a legal regulation pursuant to § 5 sentence 2, also in conjunction with § 4 paragraph 6 sentence 2, the receipt or the proof not mitled or not
4.
contrary to § 7 paragraph 5 sentence 4, also in conjunction with § 4 paragraph 6 sentence 2, an information not, not correct, not complete or not issued in good time,
5.
contrary to § 7, paragraph 6, point 1, also in conjunction with § 4, paragraph 6, sentence 2, arranges or allows proof that the receipt or proof does not
() In the cases referred to in paragraph 1 (1) and (2), the administrative offence may be punishable by a fine of up to twenty thousand euros and, in the other cases, with a fine of up to ten thousand euros.(3) The Federal Office for Goods Transport is the managing authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences. Non-official table of contents

§ 11 Mautaufarriving

(1) The mouse has to be the federal government. Expenditure relating to the operation, supervision and control of the toll system, as well as financial resources for the management of the company established pursuant to § 1 of the Transport Infrastructure Finance Corporation Act, and of this company as the owner of this company shall be made available from the toll collection. The remaining toll will be added to the transport budget in addition to an annual amount of EUR 150 million, and will be used in full for the improvement of the transport infrastructure for the federal highways. In the federal budget, the corresponding revenue and expenditure are presented and managed separately from each other.(2) By way of derogation from the first sentence of paragraph 1, up to EUR 450 million shall be paid annually from the remaining toll for the implementation of federal programmes for the implementation of the employment, qualification, environment and safety objectives in undertakings of the toll road transport used. Non-official table of contents

§ 12 Start of toll collection on federal highways

The start of the toll collection on toll-paying federal highways shall be governed by the provisions of Section 12 of the Law on the toll of heavy goods vehicles in the version of the Notice of 2. December 2004 (BGBl. 3122), as last amended by Article 6 of the Law of 29. May 2009 (BGBl. 1170), Non-official table of contents

§ 13 Start of toll collection on federal roads

The Federal Ministry of Transport and Digital Infrastructure will Authorized, by means of a regulation without the consent of the Federal Council, to determine the date of the beginning of the survey of the tolls on the federal roads referred to in the first sentence of section 1 (1), first sentence. Non-official table of contents

§ 13a Transitional rules

(1) Until the expiration of the 30. The second sentence of Article 1 (1) shall apply in September 2015, provided that the toll is payable for vehicles with a maximum permissible gross laden weight of at least 12 tonnes.(2) Up to the end of the 30. Article 3 (3) shall apply in September 2015 with the proviso that the amount of the toll set shall be calculated as the sum of the tolls in accordance with the provisions of Appendix 1a.(3) The Federal Ministry of Transport and Digital Infrastructure is authorized to postpone the dates referred to in paragraphs 1 and 2 by means of a legal regulation without the consent of the Federal Council, insofar as it is based on a technical or legal basis. It is necessary to continue the transitional provisions of paragraphs 1 and 2 for a limited period with a view to the correct levying of the toll. The Federal Ministry of Transport and Digital Infrastructure shall, without the consent of the Federal Council, determine a new date for the application as soon as the reason for the adoption of a legal regulation pursuant to the first sentence is no longer applicable. The end of the transitional periods referred to in paragraphs 1 and 2. The date referred to in the second sentence shall be determined in such a way as to ensure that the application of the new provisions begins at the earliest after two weeks after the expiry of the basic reason for the adoption of a regulation as referred to in the first sentence. Non-official table of contents

§ 14 Alt-Facts

(1) For matters that are from 1. July 2003 and until the end of the 31. By way of derogation from Section 3 (3) of Annex 2, the extension shall be determined in accordance with the provisions of Annex 2.(2) For matters which shall apply from 1 January 2008 onwards, September 2007 and until the end of 31 December 2007. By way of derogation from Article 3 (3) of Annex 3, the extension shall be determined in accordance with the provisions of Section 3 (3).(3) For matters which shall apply from 1 January 2008 onwards, January 2009 and until the end of the 31. By way of derogation from § 3 (3), the extension shall be determined in accordance with the provisions of Appendix 4. Non-official table of contents

§ 15 Announcement of legal regulations

Legal regulations under this Act may differ from § 2 (1) of the Announcing and announcing law in the Federal Gazette is announced. unofficial table of contents

Appendix 1 (to § 3 paragraph 3)
Calculation of the height of the mouse set

(found: BGBl. I 2015, 923)

1.
Wing subset for infrastructure costs per kilometre according to § 3 paragraph 1 number 1 :mautable vehicles or combinations of vehicles:
a)
with two axles 0.081 euro,
b)
with three axes 0,113 Euro,
c)
with four axes 0,117 Euro,
d)
with five or more axes 0.135 euro.
2.
Whole kit for the caused Air pollution costs per kilometre in accordance with Article 3 (1) (2):
a)
vehicles subject to toll charges or Combinations of vehicles without prejudice to the number of axles and the roads used:
aa)
EUR Category A,
bb)
0.021 Euro in category B,
cc)
0.032 Euro in category C,
dd)
0.063 Euro in category D,
ee)
0.073 Euro in the category E,
ff)
0.083 euro in category F.
b)
Vehicle allocation in accordance with § 1 (1) for the categories referred to in point (a), in accordance with § 48 in connection with Annex XIV to the Road Traffic Authorisation Order:

name="BJNR137810011BJNE001603305 " />Non-Official Table of Contents

Attachment 1a (to § 13a paragraph 2)
Mauts in the period of 1. January 2015 to the beginning of the day from which the Appendix 1 shall apply in accordance with Section 13a (2), including in conjunction with paragraph 3.

(Fundstelle: BGBl. I 2014, 2473-2474)

1.
Toll kit for infrastructure costs per kilometre according to § 3 paragraph 1 number 1: Vehicles or combinations of vehicles
a)
with up to three axes 0,125 Euro,
b)
with four or more axes 0,131 Euro.
2.
The tolling rate for the caused air pollution costs per kilometre according to § 3 (1) (2):
a)
mautable Vehicles or combinations of vehicles without prejudice to the number of axles and the roads used
aa)
0.000 Euro in category A,
bb)
0.021 Euro in category B,
cc)
0.032 Euro in the Category C,
dd)
0.063 Euro in category D,
ee)
0.073 Euro in the category E,
ff)
0.083 euro in category F.
b)
Vehicle allocation in accordance with § 1 (1) for the categories referred to in point (a) in accordance with § 48 in connection with Annex XIV of the Road Traffic Authorisation Order:

aa)Category Apollutant class vehicles S 6,
bb) Category BVehicles of EEV Class 1 and pollutant class S 5,
cc) Category CVehicles of pollutant class S 4 and vehicles of pollutant class S 3, which are the particle reduction class PMK 2 or higher for the purposes of Annex XXVII to the Road traffic approval order,
dd)Category DVehicles of pollutant class S 3 as well as vehicles of pollutant class S 2 belonging to the particulate reduction class PMK 1 or higher for the purposes of Annex XXVII of the Road Traffic Authorisation Order,
ee) Category Epollutant class vehicles S 2,
ff)category F Vehicles of pollutant class S 1 as well as vehicles not belonging to pollutant class of Appendix XIV of the road traffic permit order.
unofficial table of contents

Appendix 2 (to § 14 paragraph 1)

(Fundstelle: BGBl. I 2013, 2551)
Wings in the period of 1. 1 July 2003 until the end of 31 December 2003. August 2007
1.
The toll per kilometre is for toll vehicles or vehicle combinations with up to three axes
a)
0,09 Euro in category A,
b)
0.11 euros in category B,
c)
0.13 Euro in category C.
2.
The toll per kilometre is for toll-free vehicles or vehicle combinations with four or more axles
a)
0,10 Euro in category A,
b)
0.12 euros in category B,
c)
0.14 euro in category C.
3.
Vehicles in accordance with § 1 (1) shall be the categories listed in points 1 and 2 on the basis of their emission class in accordance with § 48 in conjunction with Annex XIV of the Road traffic permit order assigned as follows:
a)
in the period of 1. 1 July 2003 to the end of the 30th September 2006
Category A
Vehicles of pollutant classes S 4, S 5 and the EEV class 1,
category B
pollutant class vehicles S 3 and S 2 vehicles,
category C
Vehicles of pollutant class S 1 and vehicles that do not have a pollutant class of Appendix XIV of road traffic permit order included;
b)
in the period of 1. October 2006 until the end of 31 December 2006. August 2007
Category A
Vehicles of pollutant class S 5 and EEV class 1,
category B
pollutant class vehicles S 4 and 3,
category C
Vehicles of pollutant classes S 2, S 1 and vehicles that do not have a pollutant class of Appendix XIV of the road traffic permit order Members.
unofficial table of contents

Appendix 3 (to § 14 paragraph 2)

(Fundstelle: BGBl. I 2013, 2552)
Wings in the period of 1. September 2007 until the end of the 31 December 2007 December 2008
1.
The toll per kilometre is for toll vehicles or vehicle combinations with up to three axes
a)
0,10 Euro in category A,
b)
0.12 euros in category B,
c)
0.145 euro in category C.
2.
The toll per kilometre is for toll-free vehicles or vehicle combinations with four or more axles
a)
0,11 Euro in category A,
b)
0.13 euros in category B,
c)
0.155 euros in category C.
3.
Vehicles in accordance with § 1 (1) shall be the categories listed in points 1 and 2 on the basis of their emission class in accordance with § 48 in conjunction with Annex XIV of the Road traffic permit order assigned as follows:
Category A
Vehicles of the Pollutant Class S 5 and EEV Class 1,
Category B
Vehicles of pollutant classes S 4 and 3,
Category C
Vehicles of pollutant classes S 2, S 1 and vehicles that do not belong to any pollutant class of Appendix XIV of the road traffic permit order.
unofficial table of contents

Appendix 4 (to § 14 paragraph 3)
toll records in the period of 1. 1 January 2009 until the end of 31 December 2009. December 2014

(Fundstelle: BGBl. I 2011, 1383)
of the individual amendments, cf. Footnote

1.
The toll per kilometre is for toll-free Vehicles or vehicle combinations with up to three axes
a)
0,141 Euro in the category A,
b)
0,169 Euro in category B,
c)
0,190 Euro in the category C,
d)
0.274 Euro in category D.
2.
The toll per kilometer is for Toll-free vehicles or vehicle combinations with four or more axles
a)
0,155 Euro in the Category A,
b)
0,183 Euro in category B,
c)
0,204 Euro in category C,
d)
0.288 Euro in category D.
3.
Vehicles in accordance with § 1 paragraph 1 will be categories listed in points 1 and 2 in accordance with § 48 in conjunction with Annex XIV of the Road Traffic Authorisation Order, as follows:

aa)category Apollutant class vehicles S 6,
bb) Category BVehicles of EEV Class 1 and pollutant class S 5,
cc)Category CVehicles of pollutant class S 4 and vehicles of pollutant class S 3, which are the particle reduction class PMK 2 or higher for the purposes of Annex XXVII of the Road Traffic Authorisation Order ,
dd)Category DVehicles of pollutant class S 3 as well as vehicles of pollutant class S 2 belonging to the particulate reduction category PMK 1 or higher for the purposes of Annex XXVII of the Road Traffic Authorisation Order,
ee)Category Epollutant class vehicles S 2,
ff)category F Vehicles of pollutant class S 1 as well as vehicles that do not belong to pollutant class of Appendix XIV of the road traffic permit order.
Category AVehicles of EEV Class 1 and pollutant class S 5,
Category BVehicles the pollutant class S 4 and vehicles of category S 3 belonging to the particulate reduction category PMK 2 or higher within the meaning of Annex XXVII of the road traffic permit order,
Category CVehicles of pollutant class S 3 and vehicles of pollutant class S 2, which are the particle reduction class PMK 1 or higher for the purposes of Annex XXVII to the Road traffic approval order,
Category DVehicles of pollutant classes S 2, S 1 and vehicles that do not belong to the pollutant class of the Annex XIV of the road traffic permit order.