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 order and confirmation as well as the tasks and powers of operating managers for railways (railway Superintendent regulation - EBV) EBV Ausfertigung date: 07.07.2000 full quotation: "railway managers regulation dated July 7, 2000 (BGBl. I S. 1023), by article 4 of the Decree of 5 July 2007 (BGBl. I p. 1305) is changed" stand: amended by art. 4 V v. 5.7.2007 I 1305 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : Pany +++) the V 1 d V v. 7.7.2000 was adopted as article I 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. She article 4 of this V on the pany according enter into force.

Section 1 order of Operations Manager (1) rail infrastructure company headquartered in Germany have to order one or more managers, who are responsible without prejudice to the responsibility of the contractor to the safe operation of the railway infrastructure prior to the start of operations.
(2) railway company headquartered in Germany, except those requiring a security certificate referred to in Section 7a, paragraph 1, of the General railway law, have to order one or more managers, who are responsible without prejudice to the responsibility of the company for the safe provision of rail transport services prior to the start of operations. In addition, managers can be ordered for railway undertakings in accordance with this regulation.
(3) in the case of railways, which both operate a rail infrastructure and rail transport services, the Operations Manager for both areas may be at the same time responsible.
(4) for any Manager, at least a Deputy is appointed. The order of permanent substitute for certain areas of responsibility is allowed.
(5) as a Manager and as a Deputy persons belonging to the railway company not or 3. the railway entrepreneur or a person appointed for the conduct of business can be ordered 1 employees of the company, where other tasks can be transferred 2.
(6) If several managers or for a Manager several deputies are appointed, to delineate their responsibilities against each other.
(7) paragraphs 1 to 6 shall apply not for railway infrastructure undertakings and for railway undertakings, which are not public transport, unless they use a railway infrastructure or operate, which serves not the public transport.

Section 2 confirmation of the order to the Operations Manager (1) the appointment of the managers and their deputies needs confirmation by the competent supervisory authority.
(2) the order is confirmed at the request if the operating head 1 is reliable and 2. has demonstrated the professional competence to the Operations Manager in a test after the railway Manager examination regulation.
(3) by way of derogation from paragraph 2, no. 2 is as Manager also confirmed, who has passed the big state examination for the higher technical management service in an area of expertise, to the substantial include planning, construction and operation of railways, and served at least three years in essential for the safety of a railway departments as an engineer.
(4) the competent authority may refuse the confirmation if 1 the managers check longer than five years before the order is back and in this time as managers or Deputy of the Manager is not been exercised, 2. facts exist which justify the assumption that the appointed person is unreliable, or 3. evidence of facts, the doubts about the expertise of the appointed manager constitute an activity.
(5) the applicant has to enclose on order confirmation following the application documents at its own expense: 1 a curriculum vitae with photograph, which is not older than one year, 2 a current certificate from the federal Central Register, 3. the ratified copy of certificate about Manager passed the examination or passed the large State examination in accordance with paragraph 3 and 4, verification of the activity as Manager or Deputy of Chief of operating , if the managers check is older than five years.
(6) paragraphs 1 to 5 shall apply mutatis mutandis for the confirmation of the order, acting on behalf of a Manager.

§ Can the competent supervisory authority 3 exceptions in individual cases 1 exceptions to the rules on the appointment and allow confirmation of the Deputy of the Manager if there is easier operating conditions of railway and 2. by way of derogation from § 2 para 2 No. 2 confirm the order of a Manager, if a) in terms of rail transport services and railway infrastructure-to-use, simple operating conditions exist, b) simple operating conditions exist with respect to the railway infrastructure or c) the ordered person already proven tram - Manager and is involved in a company , which owns the approval as a tramway company and a railway.
(2) the evaluation, whether simple operating conditions exist, is the supervisory authority for the exemption. Whether in terms of railway infrastructure to use pursuant to paragraph 1 No. 2 letter of a simple operating conditions exist, must be assessed in consultation with the supervisory authority responsible for the railway infrastructure companies.
(3) the supervisory authority has to convince that the ordered person has at least the necessary in order in individual cases of expertise before an exception approval pursuant to paragraph 1 appropriately thereof.

§ 4 duties and powers of the Manager (1) managers within the meaning of § 1 para 1 to 6 have particularly 1 to meet the required for the security arrangements for the execution of laws and instructions of the supervisory authority or initiate;
2. compliance with laws and instructions of the supervisory authority and operational arrangements including those for professional education and training, as well as for the design and use of staff to monitor, the a) the safe operation of the railway infrastructure, b) the safe construction and the condition of vehicles and c) relate to the safe conduct of the trains and the safe processing of shunting operations.
3. for the cooperation in the railway and a coordination between railway infrastructure companies, to railway undertakings and, where appropriate, to wrap third concern, insofar as this is necessary for the safe operation of the railway infrastructure and the secure provision of rail transport services;
4. the service classification of operations staff from the standpoint of security to monitor.
(2) the Manager may use to carry out its tasks of local managers. They have the prerequisites and requirements for operating officers within the meaning of the fifth section of the railway construction and operating regulations (EEO) meet.
(3) the Superintendent advises the people ordered for the conduct of business in all matters that may be relevant for the safety of the railway and the railway undertaking. He is in particular required railway operating accidents and other safety-related incidents to examine 1 the development and introduction of new techniques and technologies for improving security to work as well as 2, to report deficiencies to the railway undertakings and the persons appointed for the conduct of business and to propose measures to eliminate these shortcomings.

§ 5 duties of the railway (1) which have ordered people for the conduct of business of the railway undertaking in a business statement to sum up the tasks of the Manager, as well as the allocation of business for Deputy, also the documentation of the safety management system after article 9 para 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 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) must contain. In addition, they have to make their employees this business statement and to submit to the competent authorities.
(2) you have the competent authorities immediately show changes of the tasks of the Manager and the dismissal of Manager or his Deputy.
(3) you have through organisational measures within the company to ensure in particular that the managers 1 receives no instructions limiting the operational safety, 2. on all matters connected with his duties is involved and which receives necessary information and support for the fulfilment of its tasks, can give instructions to the operating personnel 3. in matters which affect the safety of operation, and 4.
Suggestions or concerns directly the railway entrepreneur or persons appointed for the conduct of business of the railway undertaking can recite. To a measure proposed by the head of the operation is not carried, the Manager is comprehensive and without delay of the reasons for the refusal in writing to teach.
(4) the Superintendent must not be disadvantaged due to the fulfilment of the tasks assigned to him.

§ 6 confirmation of the appointment of managers and their deputies, who already had been issued on January 31, 2001 by the competent supervisory authority under other legislation, shall continue to apply transitional provisions (1). Indeed confirmation replaced the examination pursuant to sentence 1 after the railway Manager examination regulation, insofar as the relevant verification conditions do not change.
(2) railways, on 1 February 2001, already operate a rail infrastructure or providing rail transport services, have appointed managers and their deputies until February 28, 2001. The confirmation is also granted these railways according to § 2 para 1, if the appointed farm manager and his Deputy worked as for at least three years engineer in chief function on a public railway and the request for confirmation is made up to April 30, 2001. The appointed person must discard before any examination under the railway Manager examination regulation. An engineer is equal who at least three years on a public railway in a managerial capacity in one area has been active, belongs to the considerable extent of the construction or operation of railways. § 2 para 4 No. 2 and 3 shall remain unaffected.