Regulation on civil liability insurance of the railways (Railway Liability Insurance Regulation-EBdetention PflV)

Unofficial table of contents

EBdetention PflV

Date of completion: 21.12.1995

Full quote:

" Railway Liability Insurance Ordinance of 21 December 1995 (BGBl. 2101), as last amended by Article 2 (27) of the Law of 1 April 2015 (BGBl. I p. 434).

Status:

Last amended by Art. 2 para. 27 G v. 1.4.2015 I 434

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 31.12.1995 + + +) 

  

Heading: abbreviated name and abbreviation by Article 5 (1) G v. 21.6.2002 I 2191 mWv 1.7.2003 Unofficial table of contents

Input formula

On the basis of Section 26 (1) No. 8 of the General Railway Act of 27 December 1993 (BGBl. I p. 2378, 2396), the Federal Ministry of Transport is responsible for: Unofficial table of contents

§ 1 Insurance obligation

(1) Rail transport undertakings and railway infrastructure undertakings shall be obliged to cover liability insurance cover for the personal injury and damage caused by accidents during the operation of a railway in the case of a domestic operation (2) the provisions of paragraph 1 shall not apply to:

1.

Railway undertakings which:

a)

shall be granted cover in the same way by a liability compensation exempted from insurance supervision in accordance with Article 1 (3) (3) of the Insurance Supervision Act; or

b)

do not serve public transport to the extent that they use a railway infrastructure which does not serve public transport;

2.

Railway infrastructure undertakings which:

a)

shall receive cover in the same manner from a liability of liability compensation exempted from insurance supervision in accordance with Article 1 (3) (3) of the Insurance Supervision Act,

b)

do not serve public transport to the extent that they operate a railway infrastructure which does not serve public transport; or

c)

the majority of which is owned by a local authority with more than 100,000 inhabitants or by a municipal association and which is covered by a corresponding cover by a guarantee of self-education or equivalent coverage of the local authority or of the municipal association; the self-education guarantee or equivalent cover must grant a direct right to a third party against the local authority or association; the taxable person Railway infrastructure undertakings and the local authority or the Municipal associations are responsible as total debtors.

(3) An insurance obligation shall not apply to cover damage for which a railway undertaking is liable from a contract of carriage. (4) Holes of railway vehicles which participate in the railway operation with them are not responsible for such damage. to cover the personal injury and property damage caused by accidents in the case of non-self-employed participation in the railway operation and property damage in the case of a domestic use of such civil liability insurance To complete and maintain insurers. Sentence 1 shall not apply to the Federal Republic of Germany. (5) Paragraph 4 shall not apply to holders of railway vehicles,

1.

in the same way, the liability compensation exempted from insurance supervision pursuant to Article 1 (3) (3) of the Insurance Supervision Act shall be covered by the same cover;

2.

in so far as they are not self-employed in railway operations on a railway infrastructure which does not serve the purpose of public transport.

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§ 2 Cover Total

The minimum amount of the insurance sum is 20 million German marks per damage event and must be made available at least twice for each insurance period. Unofficial table of contents

§ 3 Proof-and-notification obligations

(1) The existence of insurance in accordance with § § 1 and 2 shall be carried out by railway undertakings and railway infrastructure undertakings prior to the holding or holding of railway vehicles before the non-self-employed participation in the Railway operation of the authority competent pursuant to Section 5 of the General Railway Act. It is the competent body in accordance with § 117 (2) sentence 1 of the Insurance Contract Law. (2) The existence of an insurance pursuant to § § 1 and 2 is by rail transport companies without a registered office in Germany prior to the reception of the traffic or of holders of Railway vehicles without registered office in the Federal Republic of Germany prior to the non-self-employed participation in railway operations on the territory of the Federal Republic of Germany to the Federal Railway Authority. This is the competent authority within the meaning of Section 117 (2) sentence 1 of the Insurance Contract Law. Unofficial table of contents

§ 4 The obligation to provide information

Railway undertakings shall, at the request of the railway infrastructure undertaking the infrastructure of which they are using, provide holders of railway vehicles, at the request of the operating railway, an affirmation of the conditions laid down in Article 3 (1) or (2) of this Regulation. competent authority for the existence of insurance in accordance with § § 1 and 2. Unofficial table of contents

Final formula

The Federal Council has agreed. Unofficial table of contents

§ 5 Entry into force

This Regulation shall enter into force on the day after the date of delivery.