Regulation On The Liability Of The Railways

Original Language Title: Verordnung über die Haftpflichtversicherung der Eisenbahnen

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Read the untranslated law here: http://www.gesetze-im-internet.de/ebhaftpflv/BJNR210100995.html

Regulation on the liability of the railways (railway third party liability insurance regulation - EBHaftPflV) EBHaftPflV Ausfertigung date: 21.12.1995 full quotation: "railway third party liability insurance regulation of 21 December 1995 (BGBl. I p. 2101), most recently by article 2 paragraph 27 of the law of 1 April 2015 (BGBl. I p. 434) has been changed" stand: last amended by article 2 para 27 G v. 1.4.2015 I 434 for details on the stand number you see in the menu see remarks footnote (+++ text detection from) : 31 December 1995 +++) heading: short name and letter abbreviation eingef. by article 5 No. 1 G v. 21.6.2002 I 2191 mWv 1.7.2003 input formula on the basis of § 26 para 1 No. 8 of the General railway law of 27 December 1993 (Federal Law Gazette I p. 2378, 2396) directed the Federal Ministry of transport: section 1 compulsory insurance (1) railway undertakings and rail infrastructure companies are obliged to take out liability insurance to cover personal injury caused by accidents in the operation of a railway and property damage with an insurer authorised in Germany to operate of such a liability and to maintain.
((2) paragraph 1 does not apply to 1 train operating company, the a) one according to § 1 paragraph 3 No. 3 of the insurance supervision Act by the insurance supervisory authority exempted insurance compensation in the same way coverage received from or b) serve not public transport, unless you use a railway infrastructure that serves not the public traffic;
2. railway infrastructure company, the a) one according to § 1 paragraph 3 No. 3 of the insurance supervision Act by the insurance supervisory authority exempted insurance compensation in the same way coverage receive, b) are not public transport, insofar as they operate a railway infrastructure that serves not the public transport or c) are majority owned by a local authority with more than 100,000 inhabitants, or a municipal Association and have an appropriate cover joint and several guarantee or equivalent cover of the local authority or the Municipal Association; the joint and several guarantee or equivalent cover damaged third parties must grant a direct claim against the local authority or the Municipal Association; the indemnifiable railway infrastructure companies and the local authority or the Municipal Association shall be liable as joint and several debtors.
(3) there is no a compulsory insurance to cover damages, liability for which a railway company under a freight contract.
(4) holders of railway vehicles, not independent participating with these in the railway operations, are obliged to take out liability insurance to cover personal injury caused by accidents during non participation in railway operation and damage to property with an insurer authorised in Germany to operate of such a liability and to maintain. Sentence 1 shall not apply to the Federal Republic of Germany.
(5) paragraph 4 shall not apply to holders of railway vehicles, 1 from one according to § 1 paragraph 3 No. 3 of the insurance supervision Act by the Insurance Authority cover get exempted insurance compensation in the same way, 2. as far as not independent on the railway operating on a rail infrastructure take part, which serves not the public transport.

§ 2 coverage amounts to a total of 20 million deutsche mark per damage event and must be available for each insurance period at least twice the minimum amount of insurance money.

§ 3 detection and reporting obligations (1) is the existence of an insurance company according to §§ 1 and 2 of railway undertakings and rail infrastructure company prior to the start of operations or of holders of railway vehicles against non participation in railway operation pursuant to section 5 of the General railway law competent authority to prove that. It is responsible in accordance with § 117 paragraph 2 sentence 1 of the German insurance contract law.
(2) the existence of insurance is according to §§ 1 and 2 by railway undertakings not incorporated in domestic before inclusion of transport or by holders of rail vehicles without seat domestically against non participation in the railway operations in the field the federal railway authority to prove the Federal Republic of Germany. This is a competent authority within the meaning of § 117 paragraph 2 sentence 1 of the German insurance contract law.

§ 4 accountability railway undertakings must at the request of the railway infrastructure company, whose Infrastruktur use them, at the request of leading operating railway according to §§ 1 and 2 present a confirmation of the authority pursuant to article 3, paragraph 1 or 2 on the existence of an insurance holder of railway vehicles.

Concluding formula the Federal Council has approved.

Article 5 entry into force this regulation enters into force on the day after the announcement.