Regulation on the audit of the operating manager for railways (Railway Operations Manager-Examination Ordinance-EBPV)

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EBPV

Date of completion: 07.07.2000

Full quote:

" Railway Operations Manager Examination Ordinance of 7 July 2000 (BGBl. 1023, 1025), as last amended by Article 1 of the Regulation of 9 May 2011 (BGBl I). 810) has been amended "

Status:

Last amended by Art. 1 V v. 9.5.2011 I 810

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.2.2001 + + +)
The V has been referred to as Article 2 d. V v. 7.7.2000 I 1023 (EBtrV) of the Federal Ministry of Transport, Building and Housing in agreement with the Federal Ministry of Education and Research, with the approval of the Federal Council. It occurs gem. Article 4 of this V was in force on 1.2.2001.

Section 1
Examination Committee, Examination Committee

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§ 1 Establishment

(1) The responsible supervisory authority shall set up an audit committee for the acceptance of the audit of the operating manager for railways. (2) A joint examination committee may be set up for the area of several countries by agreement. Unofficial table of contents

§ 2 Composition and appeal of the Audit Committee

(1) The Audit Committee shall consist of the Chairperson and other members. (2) The competent supervisory authority shall designate its members as well as the Chairperson of the Supervisory Authority. The Chairman must be:

1.

Civil servant of the higher technical administrative service or comparable collective bargaining officer,

2.

Civil servant of the higher general administrative service, with the ability to become the judge's office or comparable wage-holder,

3.

diploma jurist at the higher service or

4.

confirmed railway operations manager.

The members are appointed for one or more examination subjects. They must be knowledgeable in the respective examination area and suitable for participation in the examination system. (3) In addition, the competent supervisory authority shall appoint a first and a further deputy of the chairman. The first deputy shall represent the chairman if he/she is prevented. A further deputy shall represent the chairman if the first deputy is prevented from representing him. If both the chairman and his deputies are prevented, the competent supervisory authority shall appoint another deputy to ensure that the examinations are carried out. (4) The members shall each be appointed for three years. Revocations are admissible. (5) If an examination committee has been established in accordance with § 1 (2) for the area of several countries, the authority designated by the Länder shall exercise the powers of the competent supervisory authority. (6) The Chairman may Transfer tasks to the Examining Director in accordance with § 14 (2). Unofficial table of contents

§ 3 Exclusion and partiality

(1) The examination shall not be allowed to participate, who is the supervisor of an examiner, or in the same undertaking or authority as the supervisor. (2) If, during the examination, the result of the exclusion referred to in paragraph 1 is the result of: if the examination board is not properly staffed, the examination must first be discontinued. The Examination Committee shall decide on the continuation or reconvening of the examination with the votes of the non-caught members. Unofficial table of contents

§ 4 (omitted)

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§ 5 Management

The competent supervisory authority shall carry out its management in consultation with the Audit Committee. If an audit committee has been set up for the area of several countries in accordance with Section 1 (2), the position determined by the countries shall be carried out by the management. Unofficial table of contents

§ 6 Secrecy

The members of the Audit Committee shall have the right to remain silent on the audit procedures with regard to third parties. Exceptions shall be subject to the consent of the competent supervisory authority.

Section 2
Approval for examination

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§ 7 Admission requirements

The examination shall be approved on his own request, who shall:

1.

Studies of civil engineering, mechanical engineering, electrical engineering, a related engineering science or engineering science in transport

a)

a German academic college,

b)

a German state or state-recognized university of applied sciences or

c)

a foreign university recognised as equivalent by the competent authority of the country

has successfully completed and

2.

has worked for at least three years in the case of railways as an engineer for the construction or operation of the railway; activities in other places as an engineer in a field of expertise to which the planning, construction, operation or operation of the railway is to a considerable degree monitoring of track-bound railways; may be credited up to one year, or

3.

in accordance with Section 3 (1) (2) (c) of the Railway Works Council Regulation of 7 July 2000 (BGBl. 1023) has been working as a confirmed tramway manager for at least three years.

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§ 8 Registration for examination

(1) The application for admission to the examination shall be submitted by the applicant to the supervisory authority responsible for the railway at which he is employed at the time of application. Where different supervisory authorities are responsible for different business units of the railway, the application shall be sufficient for one of the competent supervisory authorities. If there is no employment relationship or if the examination is to be filed independently of such a case, the application shall be submitted to the authority responsible for the Landeseisenbahnsupervisor in the country in which the applicant's principal residence is (2) The applicant shall attach the following documents to the application at the request of the applicant:

1.

a life course with a photograph that is no older than a year,

2.

certified certifications of the certificates of the training required under § 7 No. 1

3.

Proof of his/her activities according to § 7 (2) or (3).

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Section 9 Decision on admission

(1) The competent supervisory authority shall decide on the application for admission to the examination. It may allow exceptions to the conditions laid down in § 7 if appropriate knowledge and skills are demonstrated in a different way in individual cases. (2) The decision referred to in paragraph 1 shall be communicated to the applicant in writing. An admission notice shall indicate the examination board before which the examination is to be submitted. A derogation authorised in accordance with the second sentence of paragraph 1 shall be given separately. A negative decision is to be provided with a right of appeal.

Section 3
Conduct of the audit

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§ 10 Purpose of the examination

(1) The examination shall determine whether the examinee possesses sufficient knowledge in all examination subjects and is therefore suitable as the manager of a railway to offer the guarantee of a safe management of the holding. (2) The test shall be carried out show that the examinee has the necessary knowledge in the field of railway engineering and railway operations, with its legal and business-related benefits. He will be able to quickly and safely grasp the tasks in the field of operational management activities, solve them with the approved tools and present the result in a short and clear way. Unofficial table of contents

§ 11 Examination dates

(1) Exams shall be carried out at least once a year. (2) The Chairman of the Audit Committee shall, in agreement with the examiners, set the dates and places of examination and shall give them at least one month before the start of the examination. Test approved applicants in writing. In doing so, he shall also inform the examinees of the course of the examination, of the time available in each case, and of the working and auxiliary equipment approved during the examination. These working tools and aids must be brought to the test by the examinees. Unofficial table of contents

§ 12 Structure of the examination

(1) The examination shall consist of a written and a subsequent oral part. (2) The written examination shall consist of a work from the subjects.

1.

Technology of operating systems,

2.

Technology of vehicles and

3.

Railway operation.

(3) The written work referred to in paragraph 2 (1) and (2) may be replaced by a cross-disciplinary work on the technology of the operating facilities and vehicles. (4) The oral examination shall include the subjects referred to in paragraph 2 and the subject law and Business administration. (5) The technical equipment of the operating facilities extends in particular to questions concerning:

1.

trashing principles,

2.

Load capacity of the upper building and of the structures, stability of buildings,

3.

Railway crossings and intersections,

4.

Train safety and telecommunications technology,

5.

energy supply,

6.

Maintenance of operating facilities and

7.

Installation and securing of construction sites.

(6) The technical equipment of vehicles shall cover, in particular, questions concerning:

1.

Vehicle garden and operating modes,

2.

Load assumptions and construction of the vehicle body,

3.

Drives and tracking,

4.

drive and brakes,

5.

Limitation of vehicles,

6.

train and shock devices,

7.

security equipment,

8.

vehicles in need of surveillance, and

9.

Maintenance of vehicles.

(7) The subject of railway operations shall, in particular, cover questions relating to:

1.

Principles of the driving service,

2.

Driving speeds, driving time determination, train sequence, track performance capability,

3.

Timetables,

4.

Training, audit and monitoring of the operating staff,

5.

the use of the operating staff, service plan,

6.

accident prevention, behaviour in the event of accidents and malfunctions, fire protection, loading rules and handling of dangerous goods,

7.

procedures for the implementation of risk analyses and risk assessments;

8.

Elements and methods of a security management system referred to in Article 9 (2) and (3) of Directive 2004 /49/EC of the European Parliament and of the Council of 29 April 2004 on safety of the railways in the Community and amending the Directive Council Directive 95 /18/EC on the licensing of railway undertakings and Directive 2001 /14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and on the Safety certificate (OJ L 327, EU No OJ L 164, p. L 220 p. 16).

(8) The subject law and business administration shall cover, in particular, selected questions relating to the activities of an operational manager from the territories

1.

general administrative law,

2.

railway law,

3.

Immission protection and environmental protection law,

4.

Labour and labour law,

5.

The right to compensation,

6.

criminal law and police law,

7.

Railway police law and

8.

Basic principles of the business administration.

(9) The interdisciplinary aspects of risk assessment and safety planning are to be included in the examination of the subjects technology of the operating systems and of the vehicles as well as of the technical railway operation. Unofficial table of contents

§ 13 Written Examination

(1) The Chairman of the Audit Committee shall determine the audit tasks. The tasks in the subjects according to § 12 para. 2 are to be processed within two hours by the examinee under the supervision of the examinee. For a cross-disciplinary examination in accordance with Section 12 (3), provision should be made for a processing time of four hours. (2) The supervisory authority shall make a record of the course and any irregularities in the examination. (3) The supervisory work shall be (4) The Chairman of the Audit Committee shall, for each examination subject, be appointed for each examination subject. (4) The Chairman of the Audit Committee shall be appointed for each examination subject. two members of the Audit Committee as specialist examiners, who Evaluate the supervisory work independently by awarding credit points. From the individual assessments of the specialist examiners, the Chairman of the Audit Committee forms the arithmetic mean of the credit points and the intermediate note (written intermediate note). (5) All supervisory work is "deficient" or worse, the audit by the Chairman of the Audit Committee shall be deemed not to pass. The decision shall be notified to the examinee by the competent supervisory authority with a right of appeal. Unofficial table of contents

§ 14 Oral Examination

(1) In order to conduct the oral examinations, the Chairman of the Audit Committee shall set up as many audit committees as it deems appropriate for the examination organisation. (2) The Chairman of the Audit Committee shall determine from the Members of the Audit Committee are the examiners required for each examination board and an audit leader who chairs the examination board. (3) The Examination Committee must be responsible for each in the oral examination. A specialist examiner is a member of the examination subject, but at least four specialist examiners. One of the specialist examiners must be:

1.

civil servant of the technical administrative service or comparable collective bargaining officer,

2.

Civil servant of the higher general administrative service with the qualification as judge, comparable wage or diploma jurist at the higher service, or

3.

confirmed railway operations manager.

A non-voting protocol ant supports the test manager in the proper conduct of the examination. (4) In a test, up to six examinees can be examined at the same time. (5) The oral examination is to be carried out for each test specimen in (6) The examination board assesses the examination performance in each subject with an intermediate note (intermediate oral note). In the event of a tie, the respective specialist examiner decides. Unofficial table of contents

Section 15 Non-public

The oral examination shall not be public. However, representatives of the supervisory authorities, members of the Audit Committee, who are not members of the Examination Committee, and persons preparing for an operational board examination may be present as a listener. Only the members of the examination committee and the protocol ant may participate in the consultation and determination of the evaluations in the oral examination subjects. The examination result will be announced to the examinees in camera. Unofficial table of contents

§ 16 Identification and information

At the request of the supervisor, the examinees shall have to show themselves at the oral examination during the written examination and the examination board. Before the beginning of each part of the examination, they shall be informed of the time available, of the means of work and aids admitted during the examination, as well as of the consequences of acts of deception and administrative offences. Unofficial table of contents

Section 17 Täuschungsatory and order violations

Examinees who commit or attempt a deception or interfere with the course of the examination can be excluded from further participation in the examination. During the written part of the examination, the supervising party may provisionally exclude the test item. The examination committee decides on the exclusion and the consequences after hearing the examination. In serious cases, in particular in the case of preparatory acts of deception, the examination as a whole may be declared unpassed. Unofficial table of contents

Section 18 Resignation and non-participation

(1) Before the examination of the first written examination task, the examinee may withdraw from the examination by written declaration or by declaration to protocol. In this case, the examination shall be deemed not to have begun; this shall also apply if the examinee does not appear for examination. (2) If the examinee returns without any important reason after the examination has commenced, the examination as a whole shall be deemed not to exist. If there is an important reason, it is already possible to recognise completed examination achievements; in this case, the examination must be continued at the next possible date. The Chairman of the Audit Committee decides on the existence of an important reason.

Section 4
Evaluation and determination of the results of the examination, excercting of the certificates

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§ 19 Evaluating the individual examination achievements

(1) The individual written work and the services in each subject of the oral examination must be evaluated in accordance with the Appendix. (2) In addition to knowledge, the evaluation of the individual examination performances shall include form and language of expression. consideration. § 19: IdF d. Art. 5 N ° 2 V v. 5.7.2007 I 1305 mWv 14.7.2007 Unofficial table of contents

Section 20 determining and announcing the results of the examination

(1) On the basis of the assessments of the oral and written examination, the head of the examination shall determine the overall evaluation. (2) The achievements in the examination subjects shall be assessed separately, with written and oral subjects in each subject. Examination results from the respective written and oral intermediate grades of the arithmetic mean is to be formed (Fachnote). In the field of law and business administration, the intermediate oral note is also the subject note. The overall result is formed by the arithmetic mean of the grades and is given a grade average value.

1.	from 1.00 to 1.49	"very good",
2.	from 1.50 to 2.44	"good",
3.	from 2.45 to 3.34	"satisfactory",
4.	from 3.35 to 4.00	"sufficient".

The central value is calculated on two decimal places after the comma without rounding up and down. (3) The examination is to be declared as passed if at least sufficient services have been provided in all subjects. (4) The decision The examination manager shall inform the examinee immediately after the examination of the result of the examination. (5) A record shall be made on the course of the examination and the determination of the result of the examination. It is to be signed by the members of the Examination Board. Unofficial table of contents

Section 21 Examination certificate

Anyone who has passed the examination shall receive a certificate from the competent supervisory authority and shall be signed by the Examining Director. The certificate shall indicate the first name and surname, including where appropriate the name of birth of the test specimen, the date of birth, the place of birth and the date of existence of the test. Unofficial table of contents

Section 22 Not passed examination

The competent supervisory authority shall issue a written communication to the examinee on the non-existence of the examination. It shall specify the subjects in which at least sufficient performance has not been achieved. The special conditions of the repeat examination (§ 23) should be pointed out. The communication shall be accompanied by an appeal for appeal.

Section 5
Repeated examination, inspection of the examination documents, storage

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§ 23 Repeal examination

(1) A test not passed may be repeated twice, but not less than six months after the end of the previous examination. (2) In the first examination, the examinee shall, upon request, be subject to the examination in individual subjects. , if he has performed at least sufficient performance in the previous examination and registers for the re-examination within one year of the completion of the non-passed examination. (3) The second reexamination extends to all subjects according to § 12 (2) to (4). An invoice from previous exams is excluded. Unofficial table of contents

Section 24 Examination documents

(1) Upon request, the examinee shall be granted access to his examination documents upon completion of the examination. The written works and their evaluation may only be made available to him for objection or administrative proceedings. (2) The examination documents must be kept ten years after the date of the announcement of the examination result.

Section 6
Transitional provisions

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§ 25 (omitted)

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Annex (to § 19 (1))

1234 NoteInternotePercent Share the performance point benefits

very good	1.0	100	up to 93.7	A performance that meets the requirements to a particular degree
	1.3	below 93.7	to 87.5
good	1.7	below 87.5	to 83.4	a performance that fully meets the requirements
	2.0	under 83.4	to 79.2
	2.3	below 79.2	up to 75.0
satisfactory	2.7	below 75.0	to 70.9	a performance that generally meets the requirements
	3.0	below 70.9	up to 66,7
	3.3	below 66,7	up to 62.5
sufficient	3.7	below 62.5	up to 56.6	A performance that has defects, but still meets the requirements
	4.0	below 56.6	up to 50.0
Lack of	5.0	less than 50.0	up to 25.0	a performance that does not meet the requirements, but makes it clear that the necessary basic knowledge is available and that the deficiencies could be remedied in the foreseeable future
insufficient	6.0	below 25.0	to 0	A performance that does not meet the requirements and in which even the basic knowledge is so patchy that the deficiencies could not be remedied in the foreseeable future

Other than the intermediate nodes listed in column 2 may not be used.