Law On The Introduction Of A Smoking Ban In Federal Facilities And Public Transport

Original Language Title: Gesetz zur Einführung eines Rauchverbotes in Einrichtungen des Bundes und öffentlichen Verkehrsmitteln

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Law on the introduction of a smoking ban in federal facilities and public transportation (Federal non-smokers Protection Act - BNichtrSchG) BNichtrSchG Ausfertigung date: 20.07.2007 full quotation: "Federal non-smokers Protection Act of July 20, 2007 (BGBl. I p. 1595)" footnote (+++ text detection from: 1.9.2007 +++) the G article 1 d. G v. 20.7.2007 I 1595 (PassivrauchSchG) by the German Bundestag, with the consent of the Federal Council decided. It is under article 7 para 1 of this G on the employee entered into force.

§ 1 (1) smoking that is smoking in accordance with paragraphs 2 and 3 banned 1 in institutions of the Federal Government, as well as the constitutional bodies of the Confederation, 2. in transport, public transport, 3rd in the public railways passenger stations.
(2) the smoking ban is referred to in paragraph 1 in buildings and other fully enclosed spaces; It does not apply to spaces that serve residential or overnight purposes and are left to the inhabitants and residents for sole use.
(3) by way of derogation from paragraphs 1 and 2, first half-sentence separate and labelled rooms can be kept in the mentioned facilities, transport and passenger stations, where smoking is permitted, if total is a sufficient number of rooms available. Sentence 1 does not apply no. 2 for the section 2 letter of b mentioned means of transport.
(4) the Federal Government is empowered to adopt detailed provisions on the establishment and designation of smoking areas pursuant to paragraph 3, in particular to the construction requirements to the size, location, design, as well as to the manner in which their ventilation, by means of an Ordinance without the consent of the Federal Council.

§ 2 definitions 1 institutions of the Federal Government within the meaning of this law are a) authorities, departments, courts and other public bodies of the Federation b) Federal corporations, institutions, and foundations.
2. transportation of public passenger transport in the meaning of this law are a) the railway vehicles used for the carriage of persons of the public railways according to section 3, paragraph 1, of the General railway law, b) for the carriage of used trams, trolley buses and motor vehicles, as far as the transport the provisions of the passenger transport act or § 1 No. 4 letter d, g or letter i of to release regulation is subject to, c) air vehicles used for commercial or non-gratuitous carriage of persons or for commercial sightseeing flights , d) passenger ships, the line passengers carry.
3. railway stations of the public railways are no. 2 of the General railway law according to § 3 para 1 in conjunction with § 2 para 3 c.
4. spaces within the meaning of this law are a) structurally separated units of the building b) geographically separate units of a means of transport.

3 obligations on the smoking ban referred to in § 1 is in an appropriate manner to indicate.

§ 4 accountability the establishment of smoking areas and the fulfilment of the obligation according to § 3 responsibility the owner of the House or the operator of the means of transport.

§ 5 penalty provisions (1) any person is who smokes violates article 1 para 1.
(2) the offence can be punished with a fine.
(3) managing authorities no. 1 of the code of administrative offences are entitled to the right of the House; in the sense of § 36 para 1, as far as this law is carried out by the Federal, the Supreme Federal authorities each for themselves and their business unit, as well as for the constitutional bodies of the Federation § 36 para 3 of the code of administrative offences shall apply mutatis mutandis.