Regulation On The Assessment To The Superintendent For Railways

Original Language Title: Verordnung über die Prüfung zum Betriebsleiter für Eisenbahnen

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Read the untranslated law here: http://www.gesetze-im-internet.de/ebpv/BJNR102500000.html

Regulation on the assessment to the Superintendent for railroads (railway Manager audit regulation EBPV) EBPV Ausfertigung date: 07.07.2000 full quotation: "railway operations manager audit regulation of 7 July 2000 (BGBl. I S. 1023, 1025), most recently by article 1 of the Decree of 9 May 2011 (BGBl. I S. 810) has been changed" stand: last amended by art. 1 V v. 9.5.2011 I 810 for details on the stand number you see in the menu see remarks footnote (+++ text detection from) : Pany +++) the V 1023 (EBtrV) by the Federal Ministry of transport, building and housing in agreement with the Federal Ministry of education and research with the consent of the Federal Council was adopted as article 2 d V v. 7.7.2000 I. She article 4 of this V on the pany according enter into force.
Section 1 Audit Committee, examination Committee section 1 establishment (1) for loss of the examination to the managers for railways established an Audit Committee the competent supervisory authority.
(2) for the area of several countries, a joint Audit Committee can be established by agreement.

Section 2 composition and appointment of the examination Board (1) the Audit Committee consists of the Chairperson and other members.
(2) the competent authority determines its members as well as from the District Chairman. The Chairman must be: 1. officials of the higher technical management service or comparable collective worker, 2. officials of the higher general administrative service with the ability to the judicial office or railway managers confirmed comparable collective worker, 3. an articled lawyer in the senior civil service, or 4..
Members shall be appointed each for one or more examination subjects. You must be knowledgeable in their respective examination and suitable for participation in the examination.
(3) the competent supervisory authority also determines a first and more Deputy-Chairmen. The first Deputy represents the Chairman if the latter is indisposed. An additional Deputy Chairman representing when the first Deputy on the Council is prevented. Both the Chairman and his Deputy are prevented, the competent supervisory authority to ensure of the tests determined an additional alternate.
(4) the members shall be appointed each for three years. Re appointments are allowed.
(5) an Audit Committee has been built according to § 1 paragraph 2 covering more than one country, the place determined by the countries perceives the powers of the competent authorities.
(6) the Chairman can offload tasks to the audit manager according to § 14 paragraph 2.

Article 3 exclusion and conflict of interest (1) when assessing may who superior does not participate, an examination applicant or is working in the same company or in the same authority such as this.
(2) If during the test is that as a result of the exclusion referred to in paragraph 1 a proper occupation of the examination Board is not possible, the exam first to cancel. The Audit Commission with the votes of the non-biased members decides on the continuation or re scheduled of the exam.

§ 4 (dropped out) § 5 management that takes a competent supervisory authority in consultation with the Audit Committee of its Board of management right. An Audit Committee has been built according to § 1 para 2 for the sector of several countries the place determined by the countries perceives the management.

Article 6 confidentiality the members of the Audit Committee have to maintain silence about the testing operations to third parties. Exceptions require the consent of the competent authorities.
Section 2 admission requirements to testing § 7 is for testing on own request approval admitted, who 1 a study of civil engineering, mechanical engineering, electrical engineering, one these related engineering or an engineering science of transport in a) a German scientific University, b) a German State or state-recognised university or c) a recognised foreign University has successfully completed by the competent authority of the country as equivalent and 2. at least three years for railways as an engineer for the construction or operation of Railway; worked Activities at other places as an engineer in one area, significant planning, construction, operation or the monitoring of track-bound cars include; up to one year can be applied, or 3 according to § 3 para 1 No. 2 c of regulation of railway operations manager dated July 7, 2000 (BGBl. I S. 1023) as confirmed for at least three years tram Manager has been active.

Section 8 application for enrolment (1) is the application for admission to the examination by the applicant to the for the railroad, where he is employed at the time of the application, to supervisory authority. Different supervisory authorities are responsible for various divisions of the railway one of the competent supervisory authorities the petition is sufficient. No employment relationship exists or the audit to independently filed by such a, is to make the application to the authority competent for the supervision of country railway in the country, where the principal residence of the applicant is located.
(2) the examination candidate has at its expense request to enclose the following documents: 1 a curriculum vitae with photograph, which is not older than one year, 2. certified copies of certificates of § 7 No. 1 training required and 3 evidence over its activities according to § 7 No. 2 or 3.

§ 9 decision decides the admission (1) on the application for admission to the examination the competent supervisory authority. She may allow exceptions to the requirements of § 7 if in individual cases demonstrated appropriate knowledge and skills in a different way.
(2) the decision will be communicated in writing to the applicant referred to in paragraph 1. In a letter of admission is to specify which Audit Committee to drop is the examination. One is approved exception pursuant to paragraph 1 sentence 2 to establish separately. A negative decision is to be provided with a legal appeal.
Section 3 to provide implementation assessing § 10 purpose the examination (1) in the examination is to determine whether the candidate has sufficient knowledge of all test subjects and is thus suitable as a Manager in a railway the guarantee for a secure operational management.
(2) the test should show that the candidate has the necessary knowledge in the field of railway technology and the operation of the railway with its legal and business references. Examination papers from the field of activity of the Manager, he is quickly and securely collect, solve with the approved tools and succinctly and clearly represent the result.

§ 11 examination dates (1) tests are performed at least once per year.
(2) the Chairman of the Audit Committee shall determine in consultation with the Auditors the examination dates and venues and announced at least one month prior to the examination in writing they candidates admitted to the examination. He also teaches the examinees through the examination process, the time available and the during the test of approved labor - and resource. This work and tools are to bring the samples for testing.

§ 12 outline the examination (1) the examination consists of a written and an oral part.
(2) the written exam includes 1 technology, the operating systems, 2. technology of vehicles and 3. railway operations per a paper from the trays.
(3) the written works referred to in paragraph 2 Nos. 1 and 2 can be replaced a multidisciplinary work on the technology of equipment and vehicles.
(4) the oral examination covers the subjects referred to in paragraph 2 as well as the professional law and business administration.
(5) the specialized technology, the operating systems extends in particular to questions over 1 alignment principles, 2. power handling of the upper building and constructions, stability of structures, 3. level crossings and intersections, 4 rail and telecommunications, 5. energy supply, 6 maintenance of operating systems as well as 7 Setup and backup from construction sites.
(6) the technical equipment of vehicles covers in particular on questions over 1. vehicle types and modes of operation, 2. load assumptions and construction of the vehicle body, 3 drives and lane guidance, 4 drive and brakes, 5. limit the vehicles, 6 train - and shock bodies, 7 safety devices, 8 requiring monitoring systems of vehicles as well as 9 maintenance of vehicles.
(7) the subject railway operation extends in particular to questions about 1 principles of the car service, 2 speeds, drive discovery, move order, track performance, 3. schedules, 4. training, examination and monitoring of the operating personnel, 5. usage of the operating personnel, service plan design, 6 accident prevention, behavior at accidents and malfunctions, fire protection, charging regulations and handling of dangerous goods, 7 procedures for conducting risk analyses and risk assessments, 8.
Elements and methods of a safety management system referred to in article 9 paragraph 2 and 3 of Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on railway safety in the community and amending Directive 95/18/EC of the Council on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity , the levying of charges for the use of railway infrastructure and safety certification (OJ EU no. L 164 p. 44, no. L 220, p. 16).
(8) the trade law and business administration extends in particular on selected issues related to the activity of a Manager from the territories 1 General administrative law 2. Eisenbahnrecht, 3. pollution and environmental protection law, 4 labour and labour protection law, 5. Medienpolitik, 6 criminal Ordnungswidrigkeitenrecht, 7 Bahnpolizeirecht, and 8 basic principles of business management.
(9) in the examination of the subjects, the interdisciplinary aspects of the risk assessment and safety planning to include are technology of facilities and vehicles, as well as of the subject railway operation.

§ 13 written examination (1) the Chairman of the Audit Committee determines the examination papers. The tasks in the subjects are according to § 12 para 2 to edit within two hours of the test specimen under supervision. For a cross-disciplinary inspection according to § 12 para 3, a processing time of four hours must be provided.
(2) the supervisor produces a transcript about the course and any irregularities in the examination.
(3) the supervisory work are to make their mapping to the individual samples only may be communicated to the professional auditors after the final assessment of all supervisory work under a code.
(4) the Chairman of the Audit Committee determines two members of the Audit Committee as expert reviewers who independently review the supervisory work through the award of credits for each exam. From the individual reviews of professional auditors, the Chairman of the Audit Committee is the arithmetic mean of the power points and from the interim note (written professional intermediate note).
(5) all supervisory work with 'poor' or worse have been evaluated, the examination by the Chairman of the Audit Committee as fail to explain is. The decision shall be notified to the unit under test by the competent supervisory authority with a legal appeal.

§ 14 oral examination (1) the Chairman of the Audit Committee establishes for conducting the oral tests so many examination boards, as he considers the testing organization as appropriate.
(2) the Chairman of the Audit Committee determines the members of the Audit Committee expert examiners required for each exam Commission and from this a testing Manager, who chaired the Audit Commission.
(3) the examination board a professional accountant must be for each field to be inspected in the oral exam, but at least four professional auditors. Each one must be the specialist Auditor: 1. officials of the technical management service or railway managers in the higher service or 3rd confirmed comparable collective worker, 2nd officer of higher general administrative service with the qualification of judgeship, comparable collective worker or a diploma of jurist.
A non-voting Recorder supports the audit manager for the proper conduct of the examination.
(4) in a test at the same time up to six specimens can be tested.
(5) the oral examination should take about 15 minutes for each candidate in each subject.
(6) the Commission assesses the performance of examination in each subject with an intermediate note (oral specialist intermediate note). Vote decides the respective professional auditor.

§ 15 non-public the oral exam is not public. But commissioned representatives of supervisory authorities, members of the Audit Committee, who are not of the examination Board, and people who prepare for an Operations Manager audit can be present as listeners. Only the members of the examination Board, as well as the recorder may participate in consulting and establishment of reviews in the oral examination subjects. The test result will be announced the specimens, to the exclusion of the public.

§ 16 ID and teaching the examinees have to identify themselves at the request of the supervisor at the written exam and the Test Manager in the oral examination. You are before the beginning of each part of the examination about the time available, approved during the audit work and tools as well as the consequences of acts of deception and violations of the right to teach.

§ 17 acts of deception and order violations examinees who commit an act of deception or attempt or significantly interfere with the testing process, can be excluded from further participation in the examination. During the written part of the examination, the supervisor may provisionally exclude the DUT. The examination Board decides on exclusion and the consequences after hearing of the test specimen. In serious cases, especially when prepared acts of deception, the examination as a whole to fail can be explained.

Article 18 withdrawal and non-participation (1) the examinee can before announcement of the first written examination paper verification by affidavit or declaration to log withdraw from. In this case, the test is regarded as not started; This also applies if the DUT to the exam does not appear.
(2) the candidate resigns after the start of the examination without good reason, is considered the exam a total fail. An important reason, already rendered, self-contained examinations can be recognized; in this case is the examination at the earliest possible date to continue. The Chairman of the Audit Committee shall decide on the existence of an important reason.
Section 4 evaluation and individual written works and the services in each subject of the oral exam are determine the audit results, granting the certificates section 19 vote the individual audit services (1) to evaluate the system.
(2) in assessing the individual examinations also form and mode of expression must be considered in addition to knowledge. § 19: IdF d. Article 5 No. 2 V v. 5.7.2007 I 1305 mWv 14.7.2007 § 20 determine and expose of the check results (1) the head of the examination on the basis of the reviews of the oral and written examination overall assessment notes.
(2) the services in the test subjects are separately to assess, in each subject with written and oral examinations of the respective written and oral professional intermediate note the arithmetic mean is to make (technical note). In the trade law and business administration at the same time is the trade note the oral specialist intermediate grade. The overall result is formed by the arithmetic mean of the technical notes and is at an average of note 1 from 1.00 to 1.49 "very good", 2 3 by 2.45-3.34 of 1.50 until 2.44 "good", "satisfactory", 4th from 3.35 to 4.00 'sufficient'.
The grade average is calculated to two decimal places decimal without up and rounding.
(3) the examination is passed to explain, if at least sufficient services are provided in all subjects.
(4) the decision on the outcome of the examination the candidate tells the audit manager immediately after the conclusion of the audit.
(5) over the course of the audit and the assessment of the examination result is to produce a transcript. She must be signed by the members of the examination Board.

Section 21 who has passed the examination certificate, receives about a certificate, which is to exhibit and be signed by the head of the examination by the competent authorities. In the testimony, first name and family name, also the birth name of the sample are to specify the day of his birth, place of birth, as well as the day of the existence of the audit.

Section 22 not passing examination the competent supervisory authority granted the examinee about the exam a written opinion. That the subjects are to specify, where not at least adequate services were achieved. On the special conditions of the repeat test (section 23), it is noted. The notification is to be provided with a legal appeal.
Section 5 repeat test, insight in the test records retention article 23 repeat test (1) a not passed the examination must be repeated twice, but no earlier than six months after the end of the previous audit.
(2) in the first repetition examination, the examinee at the request of the examination in individual subjects is free, if he is in the previous test has provided at least sufficient services and register within one year after the failed test to the test.
(3) the second repeat test covers all subjects according to § 12 para 2 to 4. A previous exam credit is excluded.

§ Is 24 examination (1) at the request of termination of the examination to provide insight into his examination the workpiece after. Copies of the written work and its evaluation may be granted only for opposition or administrative procedures.
(2) the examination dossier shall be kept ten years after the announcement of the examination results.
Section 6 transitional provisions § 25 (dropped out) system (to § 19 paragraph 1) 1 2 3 4 Note intermediate note percentage of performance points services very well 1.0 100 to 93.7 a performance that meets the requirements in particular 1.3 under 93.7 up 87.5 well a 1.7 among 87.5 to 83.4 performance that fully meets the requirements 2.0 under 83.4 to 79.2 2.3 under 79.2 to 75.0 satisfying one 2.7 under 75.0 to 70.9 performance , which in General meets the requirements 3.0 under 70.9 up 66.7 3.3 under 66.7 to 62.5 sufficient 3.7 under 62.5 to 56.6 is a performance, which although has shortcomings, but on the whole still complies with the requirements 4.0 under 56.6 to 50.0 deficient 5.0 under 50.0 to 25.0 a 6.0 under 25.0 0 fixed performance that does not meet the requirements, but suggests that there are the necessary basic knowledge and the shortcomings in the foreseeable insufficiently could perform , which does not comply with the requirements and in which even the basics are so sketchy, that the shortcomings not could be resolved anytime other than the May 2 listed intermediate notes column cannot be used.