Regulation On The Liability Of The Railways

Original Language Title: Verordnung über die Haftpflichtversicherung der Eisenbahnen

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Rail liability insurance regulation (Railway Liability Insurance Ordinance-EBdetention PflV)

Non-official table of contents

EBdetention PflV

Date of departure: 21.12.1995

Full quote:

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

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

For details, see the Notes

Footnote

(+ + + text evidence: 31.12.1995 + + +)
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Heading: Short description and abbreviation. by Art. 5 No. 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) (8) of the General Railway Act of 27. December 1993 (BGBl. 2378, 2396), the Federal Ministry of Transport is responsible for: Non-official table of contents

§ 1 Insurance obligation

(1) Rail transport companies and railway infrastructure undertakings shall be obliged to provide civil liability insurance cover for the personal injury and damage caused by accidents during the operation of a railway to a domestic service for the operation of such a railway infrastructure. Liability insurance shall be completed and maintained by insurers.(2) Paragraph 1 shall not apply to
1.
Rail transport undertakings which are
a)
from an insurance supervisor pursuant to § 1, paragraph 3, no. 3 of the Insurance Supervision Act (b
shall not be used for public transport in so far as it has a railway infrastructure. which do not serve the public transport;
2.
Rail infrastructure companies that are
a)
from an insurance supervisor pursuant to § 1, paragraph 3, no. 3 of the Insurance Supervision Act
b)
shall not be used for public transport in so far as they operate a railway infrastructure, which is not used for public transport or
c)
is the majority owned by a local authority with more than 100,000 inhabitants or a municipal association; and which have a corresponding cover by means of a guarantee of self-education or equivalent cover of the local authority or of the municipal association; the guarantee of self-education or equivalent cover must be granted the damaged third parties grant a direct claim against the local authority or the local authority; the railway infrastructure undertaking and the local authority or association are liable to be liable to the replacement of the railway infrastructure Total debtors.
3) An insurance obligation does not cover damages for which a rail transport company is liable from a freight contract.(4) Holder of railway vehicles which take part in the railway operation with them shall be obliged to cover liability insurance for the purpose of covering the accidents caused by accidents in the case of non-self-employed participation in the railway undertaking. To conclude and maintain personal injury and damage to property in the case of an insurer authorised to operate such liability insurance within the country. Sentence 1 shall not apply to the Federal Republic of Germany.(5) Paragraph 4 shall not apply to holders of railway vehicles,
1.
which is the holder of a railway vehicle pursuant to Article 1 (3) (3) of the Insurance oversight law exempted from insurance supervision in the same way cover,
2.
as far as they are Non-self-employed on railway operations on a railway infrastructure that does not serve public transport.
Non-official Table of contents

§ 2 cover sum

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

§ 3 Proof and display requirements

(1) The existence of an insurance pursuant to § § 1 and 2 is of 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 competent authorities pursuant to Section 5 of the General Railway Act to establish the authority. It is the competent authority pursuant to Section 117 (2) sentence 1 of the Insurance Contract Law.(2) The existence of an insurance in accordance with § § 1 and 2 shall be carried out by railway undertakings without a registered office in the country prior to the commences of the transport or holding of railway vehicles without a registered office in the country prior to the non-self-employed participation in the Railway operation in the territory of the Federal Republic of Germany to the Federal Railway Authority (Federal Railway Authority). This is the competent authority within the meaning of Section 117 (2) sentence 1 of the Insurance Contract Law. Non-official table of contents

§ 4 obligation to provide information

Rail transport undertakings must, at the request of the railway infrastructure company, Infrastructure they use, holders of railway vehicles, at the request of the operating railway, to submit a confirmation of the authority competent pursuant to section 3 (1) or (2) on the existence of insurance pursuant to § § 1 and 2. Non-official table of contents

Final formula

The Federal Council has agreed. Non-official table of contents

§ 5 Entry into force

This regulation will enter into force on the day after the announcement.