Regulation On The Conditions Of Mobile Workers Engaged In Interoperable Cross-Border Rail Transport

Original Language Title: Verordnung über die Einsatzbedingungen des fahrenden Personals im interoperablen grenzüberschreitenden Eisenbahnverkehr

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.gesetze-im-internet.de/efpv/BJNR295700009.html

Regulation on the conditions of mobile workers engaged in interoperable cross-border rail transport (railway staff regulation EFPV) EFPV Ausfertigung date: 24.08.2009 full quotation: "railway crews regulation of 24 August 2009 (BGBl. I S. 2957)" *) Regulation serves the implementation of Directive 2005/47/EC of the Council 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 working conditions of mobile workers engaged in interoperable cross-border services in the railway sector (OJ EU no. L 195 p. 15).
Footnote (+++ text detection from: 29.8.2009 +++) (+++ official note of the standard authority on EC law: implementation of 47/2005 EGRL (CELEX Nr: 305 L 0047) +++) input formula on the basis of § 26 para 2 and 3 set 4 and section 4 No. 1 of the General railway law of 27 December 1993 (BGBl. I p. 2378, 2396; 1994 I S. 2439), whose paragraphs 2 and 4 last by article 1 No. 9 letter a and its paragraph 3 set 4 last bb article 1 No. 9 letter b double letter of Act of December 9, 2006 (BGBl. I S. 2833) have been amended, enacted the Federal Ministry for transport, building and urban development, in consultation with the Federal Ministry of labour and Social Affairs: § 1 scope (1) for travelling staff of the railways, which is used in interoperable cross-border services, is carried out by railway undertakings apply, unless otherwise provided in paragraphs 2 to 9 , the following regulations: 1 for workers and employees, as well as for their vocational training employees the working time Act, 2 for male and female civil servants working time regulation and the railway working time regulation.
(2) paragraph 1 does not apply to the driving staff in the cross-border passenger transport, for cross-border freight traffic, no more than 15 kilometres beyond the border, as well as in relation to the border stations of Rzepin (Poland) and Tuplice (Poland). Also, paragraph 1 does not apply to the driving staff in trains on cross-border routes that begin their journey on the infrastructure of the Federal Republic of Germany and stop and use the infrastructure of another Member State of the European Union, without stopping there.

Article 2 definitions for the purposes of this Regulation referred to the term 1 interoperable cross-border services cross-border traffic, for which a safety certificate of the Member State, the railway company first begins operation in which, and an additional national security certification in another Member State after article 10 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 of the Council on the licensing of railway and the 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. 4, no. L 220 p. 16) required all employees who are members of the train crew, 2nd in interoperable cross-border services employed moving staff and involved on a day shift for more than an hour in interoperable cross-border services used 3. rest period are, any amount of time outside of working hours, 4. night time time from 23 to 6 o'clock, 5. night work each work , more than includes two hours of night time, 6 foreign peace time the daily rest period, which can be taken not at the place of employment, 7 driving vehicle Guide and driver staff with responsibility for running a traction, 8 drive the duration of planned activities during the the leader of driving vehicle or the driver is responsible for the execution of the traction unit, excluding the time for set-up and teardown of the traction planned is; It includes scheduled interruptions, where the leader of driving vehicle or the driver for the execution of the traction remains responsible.

Section 3 has daily rest periods at the place of employment (1) rail carriers to ensure that the daily rest periods at the place of employment covers a period of at least twelve consecutive hours per 24-hour period.
(2) the rest period can be reduced once within a period of seven days to a minimum of nine consecutive hours. In this case, the rail transport undertaking must ensure that the difference between the reduced rest and 12 hours of the following daily rest periods at the place of employment will be added. Section 7, paragraph 9, of the working hours Act does not apply.
(3) the railway transport operators must set one more than 90 minutes daily rest period between two foreign rest periods.

§ 4 has foreign daily rest periods (1) the rail transport undertaking to ensure that the foreign daily rest period covers a period of at least eight consecutive hours per 24-hour period and a daily rest periods at the place of employment to a foreign peace time follows. Section 7, paragraph 9, of the working hours Act does not apply.
(2) in a collective agreement or on the basis of a collective bargaining agreement in an operating agreement can be approved a second related foreign rest period and agreed rules on compensation for foreign rest periods.

§ Has 5 breaks (1) to grant the railway transport operators drive vehicle guides and driver for a working time of more than eight hours a rest break of at least 45 minutes and for a working time of more than six to eight hours by at least 30 minutes during a work day.
(2) the temporal position and the duration of the rest period are set in advance by the railway carrier. You must be designed so that an effective recovery of workers is ensured. For delays of trains, the rest breaks in the course of a working day can be adjusted. The rest can be divided into periods of at least 15 minutes. A part of the rest period should be given between the third and sixth hours. At the latest after six hours of work is to grant a break. A collective agreement or pursuant to a collective bargaining agreement in an operating agreement the total duration of the rest period on short breaks of reasonable duration can be divided by way of derogation of sentence 4.
(3) in the case of the cast with two leaders of driving vehicle or driver, derogations may be agreed in a collective agreement or on the basis of a collective bargaining agreement in an operating agreement of paragraph 1.

§ 6 has weekly and annual rest period (1) the railway transport operators per seven-day period to provide a minimum uninterrupted rest period of 24 hours plus the daily rest period of 12 hours according to § 3.
(2) the railway operator has to provide at least 104 rest periods with a duration of at least 24 hours per year including the rest periods referred to in paragraph 1. In these rest periods must at least twelve Doppelruhen (of 48 hours plus a daily rest period of 12 hours), the Saturday and Sunday include 1, 2 at least twelve Doppelruhen (of 48 hours plus a daily rest period of 12 hours), which must include any Saturday or Sunday, be included.

Section 7 has drive of the rail transport undertaking the journey time to plan that 1 between two daily rest periods daily work nine hours and night work eight hours and 2. within a period of two weeks 80 hours are not exceeded.

Section 8 has directory of daily work and hours of rest (1) the railway transport operators to keep a register of the daily working and rest hours of for mobile workers. The directory has information about the planned and contain the actual work and hours of rest.
(2) the directory is the competent authorities at their request to check whether the requirements of this regulation have been respected to provide.
(3) the list is to be kept at least two years.

§ 9 No. 6 is offences any person in the sense of § 28 para 1 letter c of the General railway law, who as a railway contractor intentionally or negligently 1 contrary to article 3, paragraph 1 or article 4, paragraph 1 not shall ensure that the minimum daily rest period is the period mentioned therein, or contrary to section 3, paragraph 2, sentence 2 does not ensure that the there called time difference is added , 2. contrary to article 3, par. 3 a for more than 90 minutes sets reduced daily rest period between two foreign rest periods, 3. contrary to § 4 paragraph 1 not worry wearing that follows a daily rest periods at the place of employment to a foreign rest periods, 4. contrary to article 5, paragraph 1 or § 5 para 2 sentence 6 grant there called respite or not with the prescribed minimum duration , 5. contrary to article 6, paragraph 1 a there called rest periods not granted, 6 violates article 6 par. 2 not allow the type and number of the prescribed rest periods, 7 contrary to section 7 does not properly planning the journey time, 8 contrary to section 8, paragraph 1 or not completely keeps a register, 9 contrary to section 8, paragraph 2 provides the directory not or not timely at the disposal or 10 contrary to section 8 subsection 3 at least two years kept the directory.

Article 10 entry into force
This regulation enter into force on the day after the announcement.

Concluding formula the Federal Council has approved.