Regulation on the conditions of use of mobile workers in interoperable cross-border rail transport (Railway staff regulation-EFPV)

Unofficial table of contents

EFPV

Date of completion: 24.08.2009

Full quote:

" Railway staff regulation of 24 August 2009 (BGBl. I p. 2957)

*)

The Regulation provides for the implementation of Council Directive 2005 /47/EC of 18 July 2005 on the Agreement between the Community of European Railways (CER) and the European Transport Workers ' Federation (ETF) on certain aspects of the Conditions of use of mobile workers in interoperable cross-border rail transport (OJ L 327, 30.4.2004, p. EU No L 195 p. 15).

Footnote

(+ + + Text evidence from: 29.8.2009 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 47/2005 (CELEX Nr: 305L0047) + + +) 

  

Unofficial table of contents

Input formula

On the basis of Section 26 (2) and (3) sentence 4 and (4) (1) of the General Railway Act of 27 December 1993 (BGBl. 2378, 2396; 1994 I p. 2439), paragraphs 2 and 4 thereof, most recently by Article 1 (9) (a) and the fourth sentence of Article 1 (3) thereof, as last amended by Article 1 (9) (b) (b) of the Law of 9 December 2006 (BGBl). 2833), the Federal Ministry of Transport, Building and Urban Development, in agreement with the Federal Ministry of Labour and Social Affairs, has been responsible for: Unofficial table of contents

§ 1 Scope

(1) For the mobile staff of the railways used in interoperable cross-border traffic carried out by railway undertakings, unless otherwise specified in sections 2 to 9, the following provisions shall apply:

1.

for workers and for employees working in vocational education and training, the Working Time Act,

2.

for civil servants the Working Time Ordinance and the Railway Working Time Ordinance.

(2) Paragraph 1 shall not apply to mobile workers in international passenger transport, to international freight transport, which does not exceed 15 kilometres above the border, and to transport with the Rzepin Frontier Stations (Poland) and Tuplice (Poland). Paragraph 1 shall also not apply to mobile workers on trains on cross-border routes which start and end their journey on the infrastructure of the Federal Republic of Germany and to the infrastructure of another Member State of the European Union. Union use without stopping there. Unofficial table of contents

§ 2 Definitions

For the purposes of this Regulation:

1.

interoperable cross-border traffic, for which a safety certificate of the Member State in which the railway undertaking first takes up its operation and an additional national Safety certificate issued by another Member State in accordance with Article 10 of Directive 2004 /49/EC of the European Parliament and of the Council of 29 April 2004 on the safety of the railways in the Community and amending Council Directive 95 /18/EC on the granting of licences to railways and Directive 2001 /14/EC on the Allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (OJ L 327, 30.4.2004, p. EU No L 164 p. 4, No 16),

2.

in the case of interoperable cross-border traffic, all employees who are members of the train crew and are employed for more than one hour in interoperable cross-border traffic, based on a day shift ,

3.

Rest period of time outside working time,

4.

Night time from 23 to 6 o'clock,

5.

Night work, any work that includes more than two hours of nighttime,

6.

external rest period, the daily rest period, which cannot be taken at the place of employment,

7.

Drivers and train drivers with responsibility for driving a traction vehicle,

8.

Driving time the duration of the planned activity during which the train driver or the driver bears the responsibility for driving the traction vehicle, except for the time which is planned for the upgrading and equipping of the traction vehicle , it shall close the planned interruptions in which the driver or driver remains responsible for driving the traction vehicle.

Unofficial table of contents

§ 3 Daily rest period at the place of employment

(1) The railway operator shall ensure that the daily rest period at the place of employment includes a duration of at least 12 consecutive hours per 24-hour period. (2) The rest period may be within a period of seven To be reduced to a minimum of nine consecutive hours. In such a case, the railway operator shall ensure that the difference between the reduced rest period and twelve hours of the following daily rest period is added to the place of employment. Section 7 (9) of the Working Time Act shall not apply. (3) The railway operator shall not set a daily rest period reduced by more than 90 minutes between two external rest periods. Unofficial table of contents

§ 4 Foreign daily rest period

The railway operator shall ensure that the external daily rest period includes a duration of at least eight consecutive hours per 24-hour period and that a daily rest period shall be applied to an external rest period. Place of service. § 7 (9) of the Working Time Act does not apply. (2) In a collective agreement or under a collective agreement in an operating agreement, a second consecutive external rest period may be admitted and regulations on the compensation for foreign rest periods are agreed. Unofficial table of contents

§ 5 Ruhepausen

(1) During one working day, the railway operator shall have a rest period of at least 45 minutes and at a working time of more than six hours of working time of more than eight hours. up to eight hours of at least 30 minutes. (2) The chronological situation and the duration of the rest period shall be determined in advance by the railway operator. They must be dimensioned in such a way that an effective recovery of the employees is ensured. In the event of delays of trains, the rest periods can be adjusted during the course of a working day. The rest periods can be divided into time intervals of at least 15 minutes each. A part of the rest period should be granted between the third and sixth hours of work. A rest period shall be granted no later than after six working hours. In a collective agreement or under a collective agreement in an operating agreement, the total duration of the rest period may be divided between short breaks of reasonable duration by way of derogation from sentence 4. (3) In the case of the occupation with two Drivers or train drivers may be agreed in a collective agreement or in accordance with a collective agreement in an operating agreement provided for in paragraph 1. Unofficial table of contents

§ 6 Weekly and annual rest period

(1) The railway operator shall have a continuous minimum rest period of 24 hours per seven-day period, plus the daily rest period of twelve hours in accordance with § 3. (2) The railway operator shall have a yearly rest period of 12 hours. , including the rest periods referred to in paragraph 1, at least 104 rest periods of at least 24 hours. In these rest periods,

1.

at least 12 double rest (of 48 hours plus daily rest period of 12 hours), which include Saturday and Sunday, and

2.

at least 12 double resting periods (48 hours plus a daily rest period of 12 hours), which do not have to include Saturday or Sunday;

be included. Unofficial table of contents

§ 7 Travel time

The railway operator shall plan the journey time in such a way as to ensure that:

1.

between two daily rest periods for daytime work nine hours and for night work eight hours and

2.

within a period of two weeks 80 hours

shall not be exceeded. Unofficial table of contents

§ 8 List of daily working and retirement hours

(1) The railway operator shall have a list of the daily working hours and retirement hours of the mobile workers. The list must contain information about the planned and actual hours of work and retirement. (2) The list shall be the competent supervisory authority at its request to verify compliance with the provisions of this Regulation, (3) The list shall be kept for at least two years. Unofficial table of contents

§ 9 Administrative Offences

Contrary to the provisions of Section 28 (1) (6) (c) of the General Railway Act, who, as a railway operator, intentionally or negligently

1.

, contrary to § 3 (1) or § 4 (1), it does not ensure that the minimum daily rest period includes the period specified therein, or does not ensure, contrary to § 3 (2) sentence 2, that the time difference referred to therein is added,

2.

, contrary to Article 3 (3), a daily rest period, reduced by more than 90 minutes, between two external rest periods,

3.

Contrary to Article 4 (1), it is not necessary to ensure that a daily rest period is followed by a daily rest period at the place of employment,

4.

contrary to § 5 (1) or § 5 (2) sentence 6, a rest period referred to there shall not be granted or shall not be granted with the prescribed minimum period,

5.

does not grant a rest period referred to in paragraph 6 (1),

6.

contrary to Article 6 (2), the nature and number of the predetermined rest periods are not granted,

7.

contrary to § 7 the journey time is not properly planned,

8.

contrary to Article 8 (1), a list is not or is not fully carried out,

9.

Contrary to Article 8 (2), the list shall not be made available or shall not be made available

10.

shall not keep the list for at least two years, contrary to Section 8 (3).

Unofficial table of contents

Section 10 Entry into force

This Regulation shall enter into force on the day following the date of delivery. Unofficial table of contents

Final formula

The Federal Council has agreed.