Regulation On The Order And Confirmation As Well As The Tasks And Powers Of Operating Managers For Railways

Original Language Title: Verordnung über die Bestellung und Bestätigung sowie die Aufgaben und Befugnisse von Betriebsleitern für Eisenbahnen

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Regulation on the appointment and confirmation as well as the tasks and powers of railway managers for railways (Railway Authority Regulation-EBV)

Non-official Table of Contents

EBV

Date of expiry: 07.07.2000

Full quote:

" Railway Manager Ordinance of 7. July 2000 (BGBl. 1023), as defined by Article 4 of the Regulation of 5 June 2008. July 2007 (BGBl. I p. 1305), "

:modified by Art. 4 V v. 5.7.2007 I 1305

For details, see Notes

Footnote

(+ + + text evidence: 1.2.2001 + + +)
The V has been added to the V as an article 1. d. V v. 7.7.2000 I 1023 (EBtrV) issued by 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. Non-official table of contents

§ 1 Order of operations managers

(1) Rail infrastructure companies domestically located in the country prior to the operating intake to appoint one or more managers who are responsible for the safe operation of the railway infrastructure, without prejudice to the responsibility of the operator.(2) Rail transport undertakings with registered offices in Germany, with the exception of those requiring a safety certificate in accordance with Article 7a (1) of the General Railway Act, must appoint one or more operations managers prior to the holding of the railway undertaking, which shall: without prejudice to the responsibility of the undertaking for the safe provision of rail services. In addition, railway undertakings may order operations managers in accordance with the provisions of this Regulation.(3) In the case of railways which operate both railway infrastructure and rail transport services, the managers may also be responsible for both areas.(4) At least one deputy shall be appointed for each operating manager. The appointment of permanent substitutes for certain areas of responsibility shall be permitted.(5) As operating managers and alternates,
1.
Company employees, who also have other Tasks can be transferred
2.
persons not belonging to the railway company or
3.
the railway operator or a person appointed to manage the business
is ordered.(6) Where a number of managers are appointed, or a number of substitutes are appointed for an operational manager, their areas of responsibility shall be demarcted.Paragraphs 1 to 6 shall not apply to railway infrastructure undertakings and to railway undertakings which do not serve public transport, in so far as they use or operate a railway infrastructure other than public transport. is used. Non-official table of contents

§ 2 Confirmation of the order to the manager

(1) The order of the operations managers and their substitutes is required confirmation by the competent supervisory authority.(2) The order shall be confirmed upon request if the operating manager
1.
is reliable and
2.
has demonstrated the professional competence of the manager in an examination in accordance with the Railway Operations Management Examination Regulation.
(3) By way of derogation from Paragraph 2 (2) shall also be confirmed as the manager of an area of expertise in which the planning, construction and operation of railways are significant, the major state examination for the higher technical administrative service being carried out, and worked as an engineer for at least three years in the safety of a railway, which was essential for the safety of a railway.(4) The competent supervisory authority may fail to confirm the confirmation if
1.
is the operational management test has been returned for more than five years prior to the order, and during that period an activity as an operating manager or deputy of the manager has not been exercised,
2.
Facts that justify the assumption that the person ordered is unreliable, or
3.
Facts that give rise to doubts about the technical customer of the appointed manager.
(5) The applicant has at his cost the request for confirmation of the order Add the following documents:
1.
a CV with a photograph not older than one year ,
2.
a current certificate from the Federal Central Register,
3.
the certified To read the certificate of the passed operational management examination or the passed major state examination in accordance with paragraph 3 as well as
4.
evidence of the activity as a Head of operations or deputy head of the manager, if the operational management test is longer than five years.
(6) Paragraphs 1 to 5 shall apply mutas to the confirmation of the appointment as deputy of an operating manager. Non-official table of contents

§ 3 Exceptions

The competent supervisory authority can in individual cases
1.
Exceptions to the rules on the appointment and confirmation of the officers of the operations managers in the case of simple operating conditions of a railway, and
2.
by way of derogation from § 2 (2) no. 2, confirm the appointment of an operating manager if
a)
with regard to rail transport services and the rail infrastructure to be used operating conditions,
b)
there are simple operating conditions with regard to the railway infrastructure, or
c)
the ordered person is already a confirmed tramway manager and is active in a company that is authorised 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 simple operating conditions for the railway infrastructure to be used under paragraph 1 (2) (a) shall be assessed in agreement with the supervisory authority responsible for the railway infrastructure undertaking.(3) The supervisory authority shall, before a derogation pursuant to paragraph 1, be satisfied in an appropriate manner that the person in question has at least the degree of expertise required in the individual case. Non-official table of contents

§ 4 Tasks and powers of the manager

(1) Operations managers within the meaning of § 1 (1) to (6) have in particular
1.
the security arrangements required for the security of the instructions from the supervisory authority;
2.
compliance with the legislation and instructions of the supervisory authority, as well as of operational to monitor arrangements, including those for professional training and training, as well as for the design and use of the operating staff, which are
a)
the safe operation of the railway infrastructure,
b)
the safe construction and condition of the vehicles and
c)
relate to the safe execution of train journeys and the safe handling of shunting
;
3.
for rail cooperation and for coordination between railway infrastructure companies, railway undertakings and third parties to be bound by as 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 personnel from the safety point of view.
(2) The manager can use local operations managers to carry out his duties. 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 operating manager shall advise the railway undertaking and the persons appointed for the management of the business in all matters which may be significant for the safety of the railway. In particular, it is committed to
1.
on the development and introduction of new techniques and technologies to improve safety and to investigate
2.
Rail accidents and other security-related incidents, identified deficiencies to the To report to railway undertakings and to persons appointed for the management of business, and to propose measures to remedy these shortcomings.
href="index.html#BJNR102310000BJNE000501308"> A non-official table of contents

§ 5 Obligations of the Railways

(1) The persons appointed to manage the operations of the railway company shall have the tasks of the manager and the To summarize the distribution of business for the substitutes in a business statement which also includes the documentation of the 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 June 2004 on the implementation of the security management system. Council Directive 95 /18/EC on the granting of authorisations for 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) must be included. They shall also make this business statement available to their employees and shall submit them to the competent supervisory authority.(2) You shall immediately notify the competent supervisory authority of any changes to the duties of the manager and the convening of an operational manager or his deputy.(3) By taking organizational measures in the company, you must ensure, in particular, that the operating manager
1.
not getting operational security limiting instructions,
2.
with all of its tasks related matters and receives the information and support required to carry out its tasks,
3.
in matters relating to the shall be able to affect the safety of the holding, shall be able to give instructions to the operating staff, and
4.
Suggestions or concerns directly to the railway operator or to the railway operator, or shall be able to carry out 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 immediately of the reasons for the refusal.
(4) The manager shall be entitled to do so because of the performance of the the tasks assigned to it shall not be penalised. Non-official table of contents

§ 6 Transitional rules

(1) Confirmations of the appointment of plant managers and their alternates, on the 31. The competent supervisory authority in accordance with other legislation has already been granted in January 2001, and 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 regulation, in so far as the conditions governing the confirmation do not change.(2) Railways, which are on the 1. The European Parliament and the Council of the European Union shall be responsible for the implementation of the rules of the European Parliament and of the Council of the European Union. February 2001. The confirmation pursuant to section 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 public railway operation and the application for Confirmation up to 30. It will be held in 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.