Ordinance on the appointment and confirmation as well as the tasks and powers of plant managers for railways (Railway Operations Ordinance-EBV)

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EBV

Date of completion: 07.07.2000

Full quote:

" Railway Works Council Regulation of 7 July 2000 (BGBl. 1023), as defined by Article 4 of the Regulation of 5 July 2007 (BGBl). I p. 1305)

Status:

Amended by Art. 4 V v. 5.7.2007 I 1305

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.2.2001 + + +)
The V was referred to as Article 1 (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. Unofficial table of contents

§ 1 Order of the Operations Manager

(1) In the case of a domestic railway infrastructure undertaking, one or more operations managers shall be ordered before the establishment, without prejudice to the operator's responsibility for the safe operation of the railway infrastructure. (2) Rail transport undertakings with registered offices in Germany, with the exception of those who require a safety certificate in accordance with Article 7a (1) of the General Railways Act, shall have one or more operating managers before the holding of operation. order, without prejudice to the responsibility of the company for the safe To provide rail transport services. In addition, railway undertakings may order operations managers in accordance with the conditions laid down in this Regulation. (3) In the case of railway undertakings operating both railway infrastructure and rail transport services, the railway undertakings shall be entitled to: At the same time, at least one deputy must be appointed for each manager. The appointment of permanent substitutes for certain areas of responsibility shall be permitted. (5) As head of operations and as substitute,

1.

employees of the company, who can also be assigned to other tasks,

2.

persons who are not members of the railway undertaking, or

3.

the railway operator or a person responsible for the management of the business

(6) If several managers or a manager are appointed by a number of substitutes, their areas of responsibility shall be limited. (7) Paragraphs 1 to 6 shall not apply to railway infrastructure undertakings and to Railway undertakings which do not serve public transport, insofar as they use or operate a railway infrastructure which does not serve the purpose of public transport. Unofficial table of contents

§ 2 Confirmation of the order to the operating manager

(1) The appointment of the operating managers and their substitutes shall be subject to confirmation by the competent supervisory authority. (2) The order shall be confirmed upon request, if the manager of the plant is responsible for the appointment of the manager.

1.

is reliable and

2.

has demonstrated the professional competence of the company manager in an examination according to the Railway Management Board examination regulation.

(3) By way of derogation from paragraph 2, point 2, the operating manager shall also be confirmed who, in a field of expertise to which the planning, construction and operation of railways are to a considerable extent, the major state examination for the higher technical administration service (4) The competent supervisory authority may fail to confirm the confirmation of the certificate if:

1.

the management board examination has been completed more than five years prior to the appointment and, during that period, an activity as an operating manager or deputy of the manager has not been carried out,

2.

facts which justify the assumption that the person being ordered is unreliable, or

3.

There are facts which give rise to doubts about the technical expertise of the appointed manager.

(5) The applicant shall attach the following documents to the request for confirmation of the order, at the cost of the application:

1.

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

2.

a current management certificate from the Federal Central Register,

3.

the certified copy of the certificate of the passed operational management test or the large state examination passed in accordance with paragraph 3, and

4.

Proof of activity as an operating manager or deputy of the manager if the manager's examination has been completed for more than five years.

(6) Paragraphs 1 to 5 shall apply mutatily to the confirmation of the appointment as deputy of an operating manager. Unofficial table of contents

§ 3 Exceptions

The competent supervisory authority may, in individual cases,

1.

Allow exceptions to the rules on the appointment and confirmation of the alternates of the operating managers in the case of simple operating conditions of a railway, and

2.

by way of derogation from § 2 (2) (2), confirm the appointment of an operating manager if:

a)

in the case of rail transport services and the railway infrastructure to be used, simple operating conditions are available;

b)

simple operating conditions with regard to the railway infrastructure; or

c)

the person who has already been confirmed has been working in a tramway manager and in a company which has the authorisation as a tramway company and as a railway undertaking.

(2) The assessment of the existence of simple operating conditions shall be the responsibility of the supervisory authority responsible for the derogation. The existence of simple operating conditions with regard to the railway infrastructure to be used in accordance with paragraph 1 (2) (a) shall be assessed in agreement with the supervisory authority responsible for the railway infrastructure undertaking. (3) The supervisory authority shall be satisfied, before a derogation pursuant to paragraph 1, in an appropriate manner, that the person ordered shall have at least the degree of expertise required in the individual case. Unofficial table of contents

§ 4 Tasks and powers of the manager

(1) Operations managers within the meaning of Article 1 (1) to (6) shall have in particular:

1.

to take or arrange for the necessary arrangements for the implementation of the legislation and the instructions of the supervisory authority;

2.

compliance with legislation and instructions from the supervisory authority, as well as in-company arrangements, including those for professional training and training, as well as for the design and use of the operating staff; monitoring,

a)

the safe operation of the railway infrastructure,

b)

the safe construction and condition of the vehicles; and

c)

the safe passage of the train journeys and the safe handling of the shunting work

;

3.

for cooperation on the railways and for coordination between railway infrastructure undertakings, railway undertakings and any third parties to be bound, in so far as this is necessary for the safe operation of the railway infrastructure and the safe provision of rail transport services;

4.

to monitor the service division of the operating staff from the safety point of view.

(2) The manager may be responsible for the performance of his duties on the premises of local managers. These must meet the requirements and requirements of operating officers within the meaning of the Fifth Section of the Railway Building and Operating Regulations (EBO). (3) The Operations Manager shall advise the railway undertaking and those responsible for the management of the business. appointed persons in all matters which may be significant for the safety of the railways. In particular, it is obliged to:

1.

to work towards the development and introduction of new technologies and technologies to improve safety, and

2.

To investigate railway accidents and other safety incidents, to report defects found to the railway undertaking and to the persons appointed for the management of the business, and to propose measures to remedy these shortcomings.

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§ 5 Obligations of the railway

(1) The persons appointed to manage the operations of the railway undertaking shall summarize the duties of the manager as well as the business distribution for the substitutes in a business statement, which shall also include the documentation of the Security management systems 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 Council Directive 95 /18/EC on the Granting of authorisations to 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 the safety certificate (OJ L 327, 30.4.2004, p. EU No OJ L 164, p. 16). In addition, they have to make this business statement available to their employees and to submit them to the competent supervisory authority. (2) They have made changes to the tasks of the manager and to the convening of an operational manager or his/her (3) You shall, in particular, ensure through organisational measures in the company that the manager of the company is responsible for the management of the

1.

does not receive any restrictions on operational safety,

2.

is involved in all matters relating to its tasks and receives the information and assistance required to carry out its tasks,

3.

in matters which affect the safety of the holding, may give instructions to the operating staff; and

4.

proposals or concerns may be submitted directly to the railway operator or to the persons appointed for the management of the operations of the railway undertaking. If a measure proposed by the manager is not to be carried out, the operating manager shall be informed in writing without delay of the reasons for the refusal.

(4) The manager shall not be penalised because of the performance of the tasks assigned to him. Unofficial table of contents

§ 6 Transitional provisions

(1) Confirmations of the appointment of plant managers and their alternates, which have already been issued by the competent supervisory authority in accordance with other legislation on 31 January 2001, shall continue to apply. In addition, a confirmation in accordance with the first sentence also replaces the examination in accordance with the Railway Operations Manager examination regulations, insofar as the conditions governing the confirmation do not change. (2) Railways, which already have a Operating railway infrastructure or providing rail transport services shall be required to appoint operational managers and their alternates by 28 February 2001. The confirmation in accordance with § 2 (1) shall also be issued to these railways if the operating manager appointed and his/her deputy worked for at least three years as an engineer in a senior public railway function and the application for Confirmation is made by 30 April 2001. The person ordered does not have to pass an examination in accordance with the Railway Operations Manager Examination Regulation. An engineer is considered to be an engineer who has been working for at least three years in a public railway in a specialist field in a specialist field, to which the construction or operation of railways is a significant part. Section 2 (4) no. 2 and 3 shall remain unaffected.