Law on the introduction of a smoking ban in federal and public transport institutions (Bundesnichtraucherschutzgesetz-BNichtrSchG)

Unofficial table of contents

BNichtrSchG

Date of completion: 20.07.2007

Full quote:

" Bundesnichtraucherschutzgesetz vom 20. Juli 2007 (BGBl. I p. 1595) "

Footnote

(+ + + Proof of text: 1.9.2007 + + +) 

  

The G was referred to as Art. 1 d. G v. 20.7.2007 I 1595 (PassivrauchSchG) approved by the Bundestag with the consent of the Bundesrat. It's gem. Article 7 (1) of this Act entered into force on 1 September 2007. Unofficial table of contents

§ 1 smoking ban

(1) Smoking shall be prohibited in accordance with paragraphs 2 and 3

1.

in institutions of the Federal Government and the Federal Constitutional Institutions,

2.

by public transport means of transport,

3.

in railway stations of the public railways.

(2) The smoking ban referred to in paragraph 1 shall apply in buildings and other fully enclosed spaces; it shall not apply to rooms which are intended for residential or overnight purposes and which are left to the occupants for the sole use of the room. (3) By way of derogation from paragraphs 1 and 2 of the first half-sentence, separate and appropriately marked rooms may be held in the facilities, transport and railway stations referred to therein, in which case smoking is permitted if a total of sufficient number of rooms are available. Sentence 1 shall not apply to the means of transport referred to in § 2 (2) (b). (4) The Federal Government shall be authorized, by means of a regulation without the consent of the Federal Council, to lay down detailed provisions on the establishment and labelling of smoking rooms in accordance with (3), in particular with regard to the structural requirements relating to the size, location, design and the manner in which they are aerated. Unofficial table of contents

§ 2 Definitions

1.

Federal institutions within the meaning of this Act are

a)

public authorities, departments, courts and other public bodies of the Federal Republic of Germany,

b)

Federal bodies, institutions and foundations.

2.

Public transport means of transport within the meaning of this law are

a)

the railway rolling stock used for the transport of persons to the public railways pursuant to Article 3 (1) of the General Railway Act,

b)

Trams, trolleybuses and motor vehicles used for the carriage of persons, insofar as the carriage is subject to the provisions of the Passenger Transport Act or § 1 (4) (d), (g) or (i) of the exemption regulation is subject to

c)

aircraft used for the commercial or commercial carriage of persons or for commercial sightseeing flights;

d)

Passenger ships carrying passengers on scheduled services.

3.

Railway stations of the public railways are those in accordance with § 3 (1) in conjunction with Section 2 (3c) No. 2 of the General Railways Act.

4.

Spaces within the meaning of this Act are

a)

built-up units of a building,

b)

spatially separated units of a transport means.

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§ 3 Hint duty

The smoking ban in accordance with § 1 shall be indicated in a suitable manner. Unofficial table of contents

§ 4 Responsibility

The establishment of the smoking areas and the fulfilment of the obligation to give notice pursuant to § 3 are the responsibility of the owner of the house-right or the operator of the means of transport. Unofficial table of contents

§ 5 Penal provisions

(2) The administrative authorities within the meaning of Article 36 (1) (1) of the Act on Administrative Offences are liable, in so far as the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the Federal government is executed, the supreme federal authorities in each case for themselves and their business area as well as for the constitutional bodies of the federal government the respective to the exercise of the house right; § 36 para. 3 of the Act on Administrative Offences is valid accordingly.