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

Unofficial table of contents

BFStrMG

Date of completion: 12.07.2011

Full quote:

" Bundesfernstraßenmautgesetz vom 12. Juli 2011 (BGBl. I p. 1378), most recently by Article 1 of the Law of 10 June 2015 (BGBl. 922).

Status:

Last amended by Art. 1 G v. 10.6.2015 I 922

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 19.7.2011 + + +) 

  

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

§ 1 Motorway and Bundesstraßenmaut

(1) For use

1.

the Federal Highways and

2.

the federal roads or sections of federal roads,

a)

for which, according to Article 5 (1) of the Bundesfernstraßengesetz der Bund der Bund der Bund der Bund der Baulast ist,

b)

which are not local passes within the meaning of Section 5 (4) of the Federal Road Traffic Act (Bundesfernstraßengesetz),

c)

which are extended with two or more lanes for each direction of travel,

d)

which have separate lanes for the direction of traffic, except in the case of small cross-sections, by means of central strips or other construction equipment,

e)

that either

aa)

independently of a minimum length, are directly connected to a federal highway, or

bb)

independently of a minimum length, are directly connected to a federal highway via another toll road or road; or

cc)

without having to be connected to a toll road, have a minimum length of 4 kilometers,

in the case of vehicles within the meaning of the second sentence, a fee within the meaning of Article 2 (b) of Directive 1999 /62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of charges for the use of certain infrastructures shall be charged by: heavy duty vehicles (OJ L 327, 42), as last amended by Directive 2013 /22/EU (OJ L 187, 20.7.2013, 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 or will be used exclusively for the carriage of goods by road, and

2.

the maximum permissible laden weight of which is at least 7.5 tonnes.

(2) The tolls referred to in paragraph 1 shall not be paid in the case of use of the following vehicles:

1.

bus and coach,

2.

Vehicles of the armed forces, the police authorities, civil and civil protection, the fire brigade and other emergency services, as well as vehicles of the Federation,

3.

vehicles used exclusively for road maintenance and road service, including road cleaning and winter service;

4.

vehicles which are used exclusively for the purpose of the show and circus industry,

5.

Vehicles used by charitable or charitable organisations for the transport of humanitarian supplies intended to alleviate an emergency situation.

The requirement for the toll exemption in accordance with the first sentence of the first subparagraph of paragraph 2 to 4 shall be that the vehicles shall be identified as intended for the purposes specified therein. In the case of combinations of vehicles, the motor vehicle shall be decisive for the toll exemption of the combination. (3) The tolls referred to in paragraph 1 shall not be payable on:

1.

the Federal motorway A 6 from the German-French border to the junction Saarbrücken-Fechingen in both directions,

2.

the Federal motorway A 5 from the German-Swiss border and the German-French border to the junction Müllheim/Neuchâtel in both directions,

3.

the sections of federal highways, for the use of which a toll pursuant to § 2 of the German Highway Construction-Private Finance Act of 30 August 1994 (BGBl. 2243), as amended in each case,

4.

the sections of the Federal Highways, which are extended with only one lane for each driving direction and are not directly connected to the Federal motorway network.

(4) The Federal Ministry of Transport and Digital Infrastructure is authorized, by means of a legal regulation with the consent of the Federal Council, to refer to the toll requirement on exactly designated sections of other than those referred to in the first sentence of the first sentence of paragraph 1. (5) In so far as the obligation to pay the toll exists only on sections of federal roads, it shall be possible to extend the number of roads in the country to the To point out the toll requirement of the relevant toll section. 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. Unofficial table of contents

§ 2 Mautschuldner

Toll debtor is the person who during the toll-free use of roads within the meaning of § 1

1.

the owner or keeper of the motor vehicle, or

2.

on the use of the motor vehicle, or

3.

the motor vehicle.

Several Mautschuldner are liable as the total debtor. Unofficial table of contents

§ 3 Mautsphrases and toll calculation

The tolls due shall be determined on the basis of the distance travelled by the vehicle or the combination of vehicles as referred to in Article 1 on toll roads and a toll per kilometre in accordance with paragraph 3, which shall be based on one tolling rate for each of the following:

1.

infrastructure costs and

2.

the air pollution costs caused

(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 shall refer to the intersection of the linked road axes or in the absence of a road axis to the beginning or the end of the toll road and is to be rounded off to a full 100 metres. 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, with 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 nodal point within the meaning of this law is for toll roads

1.

within the meaning of Article 1 (1)

a)

a connection point for a federal motorway, including the Bundesautobahn cross and the Bundesautobahn dreieck,

b)

a rest position with a permitted turning option for road traffic,

c)

an intersection, entrance or access to a toll road or departure from a toll road, excluding access roads within the meaning of Section 8a of the Federal Road Traffic Act,

d)

the federal border;

2.

in accordance with Article 1 (4), a point laid down in accordance with the provisions of Article 1 (2).

(2) The Federal Ministry of Transport and Digital Infrastructure is authorized to establish the nodal points by means of a legal regulation without the consent of the Federal Council for toll roads within the meaning of section 1 (4). 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. Unofficial table of contents

§ 4 Maule Direction and Mauterrefund

(1) The toll-debtor shall have the toll in the amount resulting from § 3, also in connection with § 14, 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 for Goods Transport. be paid. 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 Fee Act are, as far as they are derived from this Act or from the provisions adopted pursuant to this Act. the legal regulations 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 on the subject;

1.

the 5 percentage points above the base interest rate of the backward amount per year; and

2.

to be paid at the end of the fifth day after the day of the due date of the toll.

Refunds in accordance with § 21 of the Federal Law on Fees are to be applied for 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. (3) The Federal Office for the Transport of Goods (Bundesamt für Güterverkehr) may delegate the establishment and operation of a system for the collection of tolls or commission it to participate in the survey of the tolls (operator). 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.

the height of the tolled tolls,

2.

the distance for which the toll has been paid,

3.

the place and time of the toll,

4.

in the case of payment of the toll prior to the use of toll roads within the meaning of § 1: the period of time allowed for the performance of the journey and the loading number,

5.

the registration number of the vehicle or the combination of vehicles,

6.

characteristics of the vehicle or of the combination of vehicles relevant to the level of mauthoritiy,

7.

Identification number

a)

of the operator or

b)

of the provider according to § 10 paragraph 1 or § 11 paragraph 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.

Contract number of the user.

This data may only be processed and used 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. (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 (5) A toll or, in the case referred to in the first sentence of paragraph 6, an amount corresponding to the toll shall be reimbursed in whole or in part upon request if the journey for which it has been paid is not 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 EUR 20. (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 the fee for a refund. the Federal Office of Goods Transport for the unconditional payment of an amount equal to the toll of the toll-debtor, the debtor shall be exempted from the obligation to pay the toll to the Federal Office for Goods Transport in so far as the Toll debtors

1.

Proves that there is a legal relationship between him and the operator or the respective provider, on the basis of which the toll-debtor for each toll-free use of a toll road within the meaning of § 1 is subject to a fee equal to the amount of the road to be paid for must pay or have paid to the operator or the provider concerned, and

2.

ensures that its obligations under the legal relationship are fulfilled.

The proof referred to in the first sentence shall be provided in an appropriate manner, in particular paragraph 4, sentences 1 and 2, and the provisions adopted pursuant to the third sentence of paragraph 4 and the second sentence of paragraph 5, as well as § 7 (5) and (6) shall apply mutatily. Unofficial table of contents

Section 4a European electronic toll service

The toll system under this Act is an electronic toll system within the meaning of Section 1 (1) of the Mautsystemgesetz (WMautsystemgesetz). Unofficial 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 is the competent body of the federal government in accordance with the law of the Mautsystemgesetz. Unofficial table of contents

§ 4c Authorisation procedure

(1) For the admission in accordance with § 10 of the toll system law for the roads according to § 1 toll-toll roads are

1.

to conclude an audit agreement in accordance with Section 4d (1);

2.

carry out the examination procedure in accordance with Article 4d (3)

3.

to grant a limited authorisation in accordance with Article 4e (1);

4.

to carry out the pilot operation in accordance with Article 4e (2) and

5.

to conclude an admissions contract in accordance with § 4f (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). Unofficial table of contents

§ 4d Test agreement and test procedure

(1) The Federal Office for Goods Transport has a provider registered in accordance with § 4 of the German Toll System Act and has submitted an application for admission to the provision of toll-service-related services in accordance with Section 10 (1) of the Mautsystemgesetz (Mautsystemgesetz), a (2) Each audit agreement includes, after the determination of the contract, the contract with the Federal Office for the Transport of Goods (Bundesamt für Güterverkehr). (2) Each examination agreement contains after the By means of a legal regulation according to § 4h sentence 1 for all providers uniform regulations

1.

the timing and organisation of the test procedure and the pilot operation, including the start and end of the test procedure and the pilot operation,

2.

on the participation and performance obligations of the supplier and the Federal Office for Goods Transport,

3.

the lawful handling of data, in particular the security of data, data protection, the handling of confidential data, transmission, storage, blocking and erasure,

4.

on the conditions for the participation of the supplier in the toll collection in the context of the pilot operation,

5.

Liability rules, contractual penalties and termination rights,

6.

on measures to safeguard the financial claims of the federal government,

7.

the charges to be paid by the offeror in respect of the benefits in connection with the examination procedure referred to in § 4d (3) and the pilot operation referred to in Article 4e (2), including their amount and the terms of payment,

8.

to restrict the 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 audit 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 relations between the Parties. (3) After completion of the The Bundesamt für Güterverkehr (Federal Office for Goods Transport) shall determine whether the respective provider who has applied for the provision of toll-service-related services to the roads subject to the toll on the toll road pursuant to § 1, shall establish the requirements in accordance with § 4f (1) Number 1 to 3 shall be satisfied, in so far as this is before the pilot operation is carried out in accordance with Article 4e (2 is possible. Unofficial table of contents

§ 4e Restricted authorisation and pilot operation

(1) According to Article 11 (1) of the Mautsystemgesetz, the Federal Office for the Transport of Goods leaves a provider on request for the provision of toll-service-related services on the roads subject to § 1 toll-based roads for the purpose of carrying out the pilot operation in accordance with paragraph 1. 3 by administrative act (restricted admission), if the provider has successfully passed the test procedure in accordance with § 4d paragraph 3. (2) After granting the restricted admission in accordance with paragraph 1, the Federal Office for Goods Transport shall establish within the scope of a Pilot operation in accordance with § 11 (1) of the Mautsystemgesetz (Mautsystemgesetz), whether the respective provider who is responsible for the Approval for the provision of toll-service-related services on the roads subject to § 1 toll-paying roads, the requirements according to § 4f (1) number 1 to 3 have been met. Unofficial table of contents

§ 4f Admission of providers

(1) According to Article 10 (2) of the Mautsystemgesetz, the Federal Office of Goods Transport (Bundesamt für Güterverkehr) allows a provider to participate in the collection of the toll on the roads subject to § 1 toll-free roads by means of a public service contract (admission contract), if the provider

1.

ensure that its participation in the collection of tolls is carried out only in accordance with Article 4 (6);

2.

ensures that the calculation of the tolls is carried out in accordance with Article 3 (4);

3.

complies with the territorial requirements laid down in § 4i for the roads according to § 1 of the toll system, in particular the suitability for use of the interoperability constituents used by him in accordance with the provisions of Section 23 of the Mautsystemgesetz has been established.

(2) Each admission contract shall contain, after further provision, a legal regulation according to § 4h sentence 1 for all providers of uniform regulations.

1.

on the conditions for participation in the toll collection by the provider and their extent in connection with the tolling,

2.

the commencement of the provision of toll-service-related services, the duration and termination of the admissions contract,

3.

the manner in which the contract is to be fulfilled,

4.

to the case groups in which the procedure for determining the suitability for use of interoperability constituents is to be repeated in whole or in part, in accordance with Article 23 of the Mautsystemgesetz,

5.

on the participation and performance obligations of the provider and the Federal Office for Goods Transport,

6.

on the lawful handling of data, in particular the security of 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 return to the Federal Office for the Transport of Goods and to carry out the monitoring of the provider, including access and viewing rights of the Federal Office for Goods Transport,

8.

to the requirements for securing the financial claims of the federal government,

9.

to restrict the rights of the provider, the complete or partial waiver of the rights of the provider in favor of the federal government,

10.

to the charges to be paid by the provider for the repetition of the procedure for determining the suitability for use of interoperability constituents in accordance with Section 23 of the Mautsystemgesetz, including their level and the terms of payment,

11.

the charges to be paid by the provider to cover the costs in accordance with Article 9 (1), second sentence, point 1, in conjunction with paragraph 3 of the Mautsystemgesetz,

12.

Liability regulations, contractual penalties and dismissal rights as well as

13.

to the obligations of the provider upon termination of the admissions contract.

The admissions contract may also include provisions which do not directly relate to the provision of services, but which are necessary for the design of other relations between the parties. Unofficial table of contents

§ 4g Monitoring

(1) The Federal Office of Goods Transport shall monitor compliance with the obligations of the providers under the test agreements pursuant to § 4d (1), the limited authorisations pursuant to § 4e (1) and the admission contracts in accordance with § 4f (1), and shall take the following steps: measures necessary for the determination or removal of a reasonable suspicion of a breach or the elimination of any committed infringement or the prevention of future infringements. This includes, in particular, the power to terminate a test agreement in accordance with § 4d (1) or an admission agreement pursuant to § 4f (1) if the conditions for termination are fulfilled. (2) The Federal Office for Goods Transport has the limited admission to , if the conditions set out in § 4f (1) are subsequently omitted. The Federal Office of Goods Transport has to withdraw the restricted admission if the conditions pursuant to § 4f (1) have not been fulfilled. (3) The Federal Office of Goods Transport may revoke the restricted admission if the supplier is against Obligations arising from this Act, pursuant to this Act or the Examination Agreement in accordance with Section 4d (1), and therefore not being able to carry out a proper conduct of the pilot operation. (4) Objection and action against a challenge against Withdrawal or revocation of the restricted authorisation shall not have suspensive effect. Unofficial table of contents

§ 4h Legal Regulations on Examination Agreement and Admission Contract

The Federal Ministry of Transport and Digital Infrastructure is authorized, by means of a legal regulation without the consent of the Federal Council, to provide details of the provisions of the test agreement according to § 4d paragraph 2 and the admissions agreement according to § 4f (2). 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. Unofficial table of contents

Section 4i Legal orders on territorial provisions

The Federal Ministry of Transport and Digital Infrastructure is authorized by law without the consent of the Bundesrat, 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 road. . 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. Unofficial table of contents

§ 4j User lists

(1) The authorized providers pursuant to § 4e or § 4f shall transmit to the Federal Office for Goods Transport by electronic means for the purposes referred to in paragraph 3 daily data in accordance with the second sentence of the respective contracts which the provider with its users has been completed (user lists). The following data are to be stored in the user lists:

1.

the registration number of the vehicle or the combination of vehicles,

2.

the identification number of the vehicle,

3.

Contract number of the user.

(2) At the request of the Federal Office for the Transport of Goods, the providers approved in accordance with § 4e or § 4f shall transmit the following data for the purposes specified in paragraph 3:

1.

the name and address of the user;

2.

the registration number of the vehicle or the combination of vehicles,

3.

the identification number of the vehicle,

4.

Contract number of the user.

(3) The Federal Office of Goods Transport may use the data referred to in paragraphs 1 and 2 solely for the purpose of exercising its sovereign functions in the context of monitoring compliance with the obligation to pay and punish infringements, and in the monitoring of the collect, store and use authorized providers according 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 forwarded by the Federal Office of Goods Transport three years after the end of the calendar year in which they have been transmitted. delete. 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. Unofficial table of contents

§ 5 Proof of the direction of the toll by the Mautschuldner

At the request of the Federal Office for the Transport of Goods, the toll-debtor has 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. Unofficial table of contents

§ 6 Institutions for the collection of tolls

(1) The operator shall set up 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 countries. (2) The The operator shall be 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 instructions of the competent authorities of the countries concerned. Unofficial table of contents

§ 7 Control

(1) The Federal Office of Goods Transport shall monitor compliance with the provisions of this Act. 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 transferred for the determination of uses of toll roads within the meaning of § 1 and the proper toll road. (2) The Federal Office for the Transport of Goods and the Operator may within the scope of the control collect, store, use and communicate the following data:

1.

Image of the vehicle,

2.

the name of the person who guides the motor vehicle,

3.

Place and time of toll-free use of toll roads within the meaning of § 1,

4.

the registration number of the vehicle or the combination of vehicles,

5.

characteristics of the vehicle or of the combination of vehicles relevant to the level of mauthoritiy,

6.

Identification number of the operator or of the provider according to § § 4e and 4f,

7.

the identification number and operating state of the vehicle,

8.

Contract number of the user.

This data may only be processed and used for the purpose of monitoring compliance with the provisions of this Act. The transmission, use or seizure of such data in accordance with other legislation is inadmissible. (3) In addition, the operator forwards the data on the data to the Federal Office for the Transport of Goods for the implementation of the control referred to in paragraph 1. The direction of the toll in accordance with § 4 (3). The Federal Office of Goods Transport may also process and use the data transmitted to it for the purpose of monitoring the operator. For providers according to § § 4e and 4f, the sentences 1 and 2 shall apply. (3a) The Federal Office of Goods Transport may also use, in accordance with § 1 (1) toll road roads, spot-like optical-electronic devices in order to verify that the operator is properly controlling compliance with the toll requirement in accordance with Article 7 (1) sentence 2. § 6b of the Federal Data Protection Act is not applicable. The data collected may be stored and used only for the purpose specified in the first sentence; paragraph 2, sentence 3 shall apply mutatis. (4) The employees of the Federal Office of Goods Transport may use motor vehicles for the purpose of controlling the Stop 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 referred to in the first sentence. This does not release the road user from his duty of care. (5) If the toll debtor has paid the toll before using a toll road within the meaning of § 1 and if he has been given a receipt, he/she has the following information in the Carry out the framework of his obligation to provide proof in accordance with § 5 on the use of a toll road within the meaning of § 1 and, on request, hand out the persons who are authorized to check 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 to the persons authorised to check it for inspection. 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 any facts which are relevant for the purpose of carrying out the control. (6) It shall be prohibited to order, or to allow, the driver of the vehicle in accordance with Section 2 (1) or (2) of this Regulation.

1.

the proof referred to in the first sentence of paragraph 5 concerning the direction of the toll or

2.

any other document referred to in the second sentence of paragraph 5 and 3

(7) Persons authorised to control shall be entitled to collect the toll on the site of the control. Section 8 (2) shall apply accordingly. You can 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 there are facts which give rise to doubts as to the later application of the toll. (8) Further information The authority of the Federal Office of Goods Transport, which is responsible for monitoring compliance with the provisions of this Act in accordance with other statutory provisions, shall remain unaffected. Unofficial table of contents

§ 8 Night-time toll collection

(1) The toll can also be levied subsequently by communication. 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 framework of the control referred to in Article 7 (7) was collected. The Federal Office for Goods Transport is the Federal Office for Goods Transport. (2) In the case of a 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 route of 500 kilometres on toll roads in the sense of § 1. A subsequent toll collection is no longer necessary, provided that the debtor has been shown to have fulfilled the duties assigned to him in the direction of the toll. Unofficial table of contents

Section 8a Announcement of administrative acts abroad

In addition to Section 41 (2) of the Administrative Procedure Act, the disclosure of administrative acts abroad § 122 (2) (2) of the Tax Code shall apply accordingly. Unofficial table of contents

§ 9 Data deletion, business statistics

(1) The operator shall immediately delete the data stored in accordance with § 4 (3) sentence 3 if a toll refund request 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 according to § § 4e and 4f, the sentences 1 and 2 apply. (2) The Federal Office of Goods Transport has 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 ends has been deleted. The remaining data transmitted in accordance with § 7 (3) sentence 1 shall be deleted six years after the transmission. (3) The data pursuant to § 7 (2) sentence 1 shall be deleted immediately,

1.

as soon as it is established that the toll has been paid and that a toll refund is not permissible or that a toll refund has not been made in due time,

2.

as soon as a single-hand toll refund procedure has been completed.

(4) If it has been established that the toll has not been paid, the data shall be deleted in accordance with Section 7 (2) sentence 1.

1.

by the operator after the completion of the post-survey procedure,

2.

by the Federal Office of Goods Transport two years after the data have been stored for the first time.

(5) Images and data collected and stored in the context of the control in accordance with § 7 paragraph 2 shall be deleted immediately after the control operation if the motor vehicle is not subject to the toll. (5a) The Federal Office for Goods Transport has the Delete 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 amount of the operator's remuneration. (6) Data stored in this Act may be used in anonymized form for the purpose of creating business statistics. Unofficial table of contents

Section 10 Penal rules

(1) Contrary to the law, those who intentionally or negligently act

1.

, contrary to § 4 (1) sentence 1, does not pay a toll, in full or in time,

2.

an enforceable arrangement in accordance with Article 7 (4) sentence 2,

3.

Contrary to § 7 (5) sentence 1 in conjunction with a decree of law pursuant to § 5 sentence 2, also in conjunction with § 4 paragraph 6 sentence 2, the receipt or the proof does not carry on or do not hand in the right time,

4.

Contrary to § 7 (5) sentence 4, even in conjunction with Section 4 (6) sentence 2, an information is not provided, not correct, not complete or not in good time,

5.

In accordance with § 7 (6) (1), also in conjunction with § 4 (6) sentence 2, the receipt or proof shall not be carried along or shall not be handed over.

(2) 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, in the other cases with a fine of up to ten thousand euros. (3) Administrative authority within the meaning of Article 36 (1) The Federal Office for the Transport of Goods (Bundesamt für Güterverkehr) is number 1 of the law on administrative offences. Unofficial table of contents

§ 11 Mauerarrive

(1) The wall shall 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 to this company by the Federal Government as Owners will 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 Highway. 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 450 million euros are received annually from the remaining toll collection for the implementation of the of federal programmes for the implementation of the objectives of employment, qualification, environment and safety in enterprises of the toll road transport sector. Unofficial table of contents

§ 12 Start of toll collection on federal highways

The beginning of the levying of tolls on toll road vehicles is based on § 12 of the toll road toll law for heavy goods vehicles as amended by the Notice of 2 December 2004 (BGBl. 3122), as last amended by Article 6 of the Law of 29 May 2009 (BGBl I). 1170). Unofficial table of contents

§ 13 Start of toll collection on federal roads

The Federal Ministry of Transport and Digital Infrastructure is authorized, by means of a regulation without the consent of the Federal Council, to 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) (2) . Unofficial table of contents

§ 13a Transitional arrangements

(1) Until the end of September 30, 2015 § 1 (1) sentence 2 shall apply, with the proviso that the toll is payable for vehicles with a permissible gross vehicle weight of at least 12 tonnes. (2) Until the end of September 30, 2015, § 3 (3) shall apply. (3) The Federal Ministry of Transport and Digital Infrastructure is authorized to do so without the consent of the Bundesrat, without the consent of the Federal Council, in accordance with the conditions laid down in Annex 1a. the dates referred to in paragraphs 1 and 2 to the extent that it is based on a technical or legal reason with a view to properly levying the tolls, it is necessary to continue the transitional provisions of paragraphs 1 and 2 on a temporary basis. 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. Expiry 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 at the earliest after the expiry of two weeks after the expiry of the date for the adoption of a regulation as referred to in the first sentence of the main reason begins. Unofficial table of contents

§ 14 Alt-Facts

(1) For facts which have arisen from 1 July 2003 and until 31 August 2007, the extension shall, by way of derogation from § 3 (3), be determined in accordance with Annex 2. (2) For facts which shall be effective from 1 September 2007 and until the end of the 31 December 2007. 3. (3) For facts which have arisen from 1 January 2009 and until the end of 31 December 2014, the extension shall be determined by way of derogation from § 3. Paragraph 3, as referred to in Annex 4. Unofficial table of contents

Section 15 Announcement of legal regulations

By way of derogation from § 2 (1) of the German Federal Gazette (Federal Gazette), legal orders under this Act may be announced. Unofficial table of contents

Appendix 1 (to § 3 (3))
Calculation of the height of the toll

(Fundstelle: BGBl. I 2015, 923)

1.

Toll rate for infrastructure costs per kilometre according to § 3 (1) (1): toll-free vehicles or vehicle combinations:

a)

with two axles 0,081 Euro,

b)

with three axles, 0,113 Euro,

c)

with four axles, 0,117 Euro,

d)

with five or more axles, 0,135 Euro.

2.

Toll unit rate for the air pollution costs caused per kilometre in accordance with § 3 (1) (2):

a)

toll-free vehicles or combinations of vehicles, without prejudice to the number of axles and roads used:

aa)

EUR 0,000 in category A,

bb)

EUR 0.021 in category B,

cc)

EUR 0.032 in category C,

dd)

EUR 0.063 in category D,

ee)

EUR 0.073 in category E,

ff)

0.083 Euro in category F.

b)

Allocation of the vehicles referred to in Article 1 (1) to the categories listed in point (a) on the basis of their emission class in accordance with § 48 in conjunction with Annex XIV of the Road Traffic Authorisation Order:

aa)	Category A	Vehicles of pollutant class S 6,
bb)	Category B	Vehicles of the EEV class 1 and of the pollutant class S 5,
cc)	Category C	vehicles of category 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 Authorisation Order,
dd)	Category D	vehicles of category S 3 and vehicles of category S 2 belonging to the particulate reduction category PMK 1 or higher within the meaning of Annex XXVII of the Road Traffic Authorisation Order,
ee)	Category E	Vehicles of pollutant class S 2,
ff)	Category F	Vehicles of category S 1 and vehicles which do not belong to Annex XIV of the Road Traffic Authorisation Order.

Unofficial table of contents

Annex 1a (to section 13a (2))
Toll rates in the period from 1 January 2015 to the beginning of the day from which the Appendix 1 is to be applied in accordance with Section 13a (2), including in conjunction with paragraph 3

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

1.

Toll substitutes for infrastructure costs per kilometre according to § 3 (1) (1): toll vehicles or combinations of vehicles

a)

with up to three axes 0,125 Euro,

b)

with four or more axles 0,131 Euro.

2.

Toll unit rate for the air pollution costs caused per kilometre in accordance with § 3 (1) (2):

a)

Toll-free vehicles or combinations of vehicles, without prejudice to the number of axles and the roads used

aa)

EUR 0,000 in category A,

bb)

EUR 0.021 in category B,

cc)

EUR 0.032 in category C,

dd)

EUR 0.063 in category D,

ee)

EUR 0.073 in category E,

ff)

0.083 Euro in category F.

b)

Allocation of the vehicles referred to in Article 1 (1) to the categories listed in point (a) on the basis of their emission class in accordance with § 48 in conjunction with Annex XIV of the Road Traffic Authorisation Order:

aa)	Category A	Vehicles of pollutant class S 6,
bb)	Category B	Vehicles of the EEV class 1 and of the pollutant class S 5,
cc)	Category C	vehicles of category 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 Authorisation Order,
dd)	Category D	vehicles of category S 3 and vehicles of category S 2 belonging to the particulate reduction category PMK 1 or higher within the meaning of Annex XXVII of the Road Traffic Authorisation Order,
ee)	Category E	Vehicles of pollutant class S 2,
ff)	Category F	Vehicles of category S 1 and vehicles which do not belong to Annex XIV of the Road Traffic Authorisation Order.

Unofficial table of contents

Annex 2 (to section 14 (1))

(Fundstelle: BGBl. I 2013, 2551)
Toll rates in the period from 1 July 2003 to 31 August 2007

1.

The toll per kilometre is for toll vehicles or vehicle combinations with up to three axles

a)

0,09 Euro in category A,

b)

EUR 0.11 in category B,

c)

0.13 Euro in category C.

2.

The toll per kilometre is for toll vehicles or vehicle combinations with four or more axles

a)

0,10 Euro in category A,

b)

EUR 0.12 in category B,

c)

0,14 Euro in category C.

3.

Vehicles in accordance with Article 1 (1) shall be assigned to the categories listed in points 1 and 2 in accordance with section 48 in connection with Annex XIV of the Road Traffic Authorisation Order as follows:

a)

between 1 July 2003 and the end of 30 September 2006

Category A

vehicles of pollutant classes S 4, S 5 and EEV class 1,

Category B

Vehicles of pollutant classes S 3 and S 2,

Category C

vehicles of category S 1 and vehicles which do not belong to the category XIV of the Road Traffic Authorisation Order;

b)

in the period of 1. October 2006 to the end of 31 August 2007

Category A

Vehicles of pollutant class S 5 and EEV class 1,

Category B

Vehicles of pollutant classes S 4 and 3,

Category C

Vehicles of categories S 2, S 1 and vehicles which do not belong to the category XIV of the Road Traffic Authorisation Order.

Unofficial table of contents

Appendix 3 (to section 14 (2))

(Fundstelle: BGBl. I 2013, 2552)
Toll rates in the period from 1 September 2007 to 31 December 2008

1.

The toll per kilometre is for toll vehicles or vehicle combinations with up to three axles

a)

0,10 Euro in category A,

b)

EUR 0.12 in category B,

c)

0,145 Euro in category C.

2.

The toll per kilometre is for toll vehicles or vehicle combinations with four or more axles

a)

EUR 0.11 in category A,

b)

EUR 0.13 in category B,

c)

0,155 Euro in category C.

3.

Vehicles in accordance with Article 1 (1) shall be assigned to the categories listed in points 1 and 2 in accordance with section 48 in connection with Annex XIV of the Road Traffic Authorisation Order as follows:

Category A

Vehicles of pollutant class S 5 and EEV class 1,

Category B

Vehicles of pollutant classes S 4 and 3,

Category C

Vehicles of categories S 2, S 1 and vehicles which do not belong to the category XIV of the Road Traffic Authorisation Order.

Unofficial table of contents

Appendix 4 (to section 14 (3))
Toll rates in the period from 1 January 2009 to the end of 31 December 2014

(Fundstelle: BGBl. I 2011, 1383)
with regard to of the individual amendments. Footnote

1.

The toll per kilometre is for toll vehicles or vehicle combinations with up to three axles

a)

EUR 0.141 in category A,

b)

0,169 Euro in category B,

c)

0,190 Euro in category C,

d)

0,274 Euro in category D.

2.

The toll per kilometre is for toll vehicles or vehicle combinations with four or more axles

a)

0,155 Euro in 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 Article 1 (1) shall be assigned to the categories listed in points 1 and 2 in accordance with section 48 in connection with Annex XIV of the Road Traffic Authorisation Order as follows:

Category A	Vehicles of the EEV class 1 and of the pollutant class S 5,
Category B	vehicles of category 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 Authorisation Order,
Category C	vehicles of category S 3 and vehicles of category S 2 belonging to the particulate reduction category PMK 1 or higher within the meaning of Annex XXVII of the Road Traffic Authorisation Order,
Category D	Vehicles of categories S 2, S 1 and vehicles which do not belong to the category XIV of the Road Traffic Authorisation Order.