Regulation On The Implementation Of Regulations And Agreements Of The European Community On The Passenger Transport By Coach And Bus

Original Language Title: Verordnung zur Durchführung von Verordnungen und Abkommen der Europäischen Gemeinschaft über den Personenverkehr mit Kraftomnibussen

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Read the untranslated law here: http://www.gesetze-im-internet.de/egbusdv_2012/BJNR103800012.html

Regulation on the implementation of regulations and agreements of the European Community on the passenger transport by coach and bus (EC bus - implementing regulation - EGBusDV) EGBusDV Ausfertigung date: 04.05.2012 full quotation: "EC bus implementation decree of May 4, 2012 (BGBl. I S. 1038)" footnote (+++ text detection from: 12.5.2012 +++) input formula on the basis of article 57, paragraph 1 number 6 and 11 of the passenger transport Act, whose number 6 by article 29 letter d of the law of 28 June 1990 (BGBl. I S. 1221) changed and whose number 11 by article 1, paragraph 2 of the law of 19 July 2002 (Federal Law Gazette I p. 2691) is been inserted, decreed the Federal Ministry for transport, building and urban development: § 1 scope this regulation lays down the implementing 1 of Regulation (EC) No. 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market and amending Regulation (EC) No. 561/2006 (recast) (OJ L 300 from November 14, 2009, p. 88), 2 of Regulation (EC) no 2121/98 of the Commission of 2 October 1998 laying down detailed rules for the regulations (EEC) no 684 / 92 and (EC) No 12 / 98 of as regards documents for passenger transport by coach and bus (OJ L 268 of the 3.10.1998, p. 10), 3 of the agreement between the European Community and the Swiss Confederation on the freight and passenger transport on rail and road (OJ L 114 of the 30.4.2002, p. 91) (EC/Switzerland agreement) and 4 of the Convention on public transport in the international occasional carriage and bus (INTERBUS Agreement) (OJ OJ L 321 of 26.11.2002, p. 13).

Article 2 the competent authorities (1) for the issue of the Community licence referred to in article 4 of Regulation (EC) No 1073/2009 is the permitting authority within the meaning of article 11, paragraph 1 and 2 of the passenger transport act responsible. If after this is the responsibility of several authorities, the Community licence is granted by the authority in whose district, the company has its headquarters or its branch in the sense of the commercial law.
(2) for the granting of a permit for the regular service or a candidate special form of the regular services referred to in article 5 paragraph 1 and 2 of Regulation (EC) No 1073/2009 or article 18 paragraph 4 and 5 of the EC/Switzerland agreement and referred to in article 8 (2) of Regulation (EC) No. 1073/2009 and annex 7 article 4 paragraph 2 of the EC/Switzerland agreement required examination of authorisation dossiers , which were made in other Member States or of Switzerland, shall be applied according to article 52, paragraph 2 and article 53 paragraph 2 of the passenger transport Act.
(3) for the implementation of measures against a haulier established in Germany pursuant to article 22, paragraph 3 of the INTERBUS Agreement is responsible the permitting authority within the meaning of article 11, paragraph 2 point 2 of the passenger transport Act.
(4) the Federal Ministry of transport, building and urban development is responsible for 1 the notifications to the Commission about the number of authorisations granted and the total number of valid permits in the regular service and the data on cabotage, which was carried out pursuant to article 28 as a special form of the regular services and occasional services by hauliers established in Germany (1) of Regulation (EC) No 1073/2009 , 2. transmitting the statistical overview of the number of authorizations issued for cabotage as scheduled under article 15 (c) of Regulation (EC) No. 1073/2009 carried be to the Commission pursuant to article 28 (2) of Regulation (EC) No 1073/2009, 3. the number of carriers holding a community license were the delivery and permits authenticated the number of referred to in article 28 paragraph 4 of Regulation (EC) No 1073/2009 , 4. the communication on serious or repeated violations of a non-resident haulier to the competent authorities of the Contracting Party in which the transport operator is established, pursuant to article 22 paragraph 1 of the INTERBUS Agreement.

Article 3 application (1) the application for a permit pursuant to article 7 of Regulation (EC) No. 1073/2009, in conjunction with article 7 of Regulation (EC) 7 article 3 of the EC/Switzerland agreement is no 2121/98 or an approval referred to in annex to submit in duplicate. The licensing authority may request additional copies.
(2) the applicant or the applicant does not fulfil a prompt of the permitting authority, to make up for missing information or to submit missing documents, within a reasonable period, the application is deemed withdrawn.
(3) the period referred to in article 8 (3) of Regulation (EC) No 1073/2009 or Annex 7 article 4 paragraph 3 of the EC/Switzerland agreement starts to run if there is a complete application.

§ 4 consultation procedures the authority pursuant to article 2, paragraph 2 has carried out a consultation procedure according to § 14 paragraph 1 to 4 of the passenger transport act before making their decision in the following cases: 1. when a request for an approval for regular services or a candidate special form of the regular services referred to in article 5 paragraph 1 and 2 of Regulation (EC) No. 1073 / 2009 or under article 18 paragraph 4 and 5 of the EC/Switzerland agreement , 2. If an application for renewal of authorisation or to change the conditions for the operation of transport services referred to in article 9 of Regulation (EC) No. 1073 / 2009 or Annex 7 article 5 paragraph 3 of the agreement EC/Switzerland, 3. in accordance with article 8 (2) of Regulation (EC) No. 1073 / 2009 or after annex 7 article 4 paragraph 2 of the EC/Switzerland agreement required examination of authorisation dossiers , which are provided in other Member States or of Switzerland.

§ 5 obligations of the operator, and driver or the Fahrzeugführerin (1) the contractor has the journey forms referred to in article 17 (5) of Regulation (EC) No. 1073/2009 immediately after the end of the month in which the cabotage transport operations were carried out, to the German Federal Ministry of transport, building and urban development to send. This shares pursuant to article 28 paragraph 1 sentence 3 of Regulation (EC) No 1073/2009 of the Commission in the form of non-personal data on cabotage with, which was conducted as a special form of the regular services and occasional services during the reporting period by Germany-based carriers.
(2) the contractor shall ensure that the required documents be accompanied throughout their travel in accordance with the following provisions: 1. According to article 4 paragraph 3 sentence 2, article 12 paragraph 1, article 17 paragraph 1 or article 19 paragraph 1, also in conjunction with article 12 paragraph 6 or of article 17 paragraph 4, of Regulation (EC) No. 1073/2009, in conjunction with article 2 paragraph 3 sentence 1 and article 8 (2) of Regulation (EC) No. 2121/98 a certified true copy of the Community licence, approval, or one of the permitting authority certified copy of approval, the control document-journey form, the contract or a certified true copy of the contract, 2. pursuant to article 9 (3) of Regulation (EC) No. 2121/98 the certificate for the transport or a certified copy of the certificate, 3. After annex 7 article 11 paragraph 1 of the EC/Switzerland agreement a certified copy of the Community licence or of the Swiss license , the approval or a certified copy of the authorization, the journey form, the certificate or a certified copy of the certificate, the contract or a certified copy of the Treaty, 4. According to article 18, in conjunction with article 12 paragraph 2 of the INTERBUS Agreement, the journey form or approval, 5. pursuant to article 20 sentence 1 of the INTERBUS Agreement a officially certified true copy of the permit for the carriage of passengers in the international occasional services with buses or 6 according to annex 2 article 7 of the INTERBUS Agreement that establishing the initial required document or the document for the new engine.
(3) the driver or the Fahrzeugführerin has to carry the required documents in the vehicle in accordance with the provisions below and to show at the request of any inspecting: 1. After annex 7 article 11 paragraph 1 subparagraph 1 of the EC/Switzerland agreement a certified true copy of the Community licence or of the Swiss license 2. After annex 7 article 11 paragraph 1 subparagraph 1 and 3 of the EC/Switzerland approval agreement or a certified copy of the authorization , the journey form, the contract or a certified true copy of the contract or 3 referred to in annex 7 article 11 paragraph 1 subparagraph 2 of the agreement EC/Switzerland the certificate for the transport or a certified copy of the certificate.

§ 6 supervision, assistance to foreign authorities (1) the contractor is subject to in terms of compliance this regulations referred to in regulation and in section 1 and agreements 1 as far as scheduled or approved special regular services referred to in article 5 paragraph 1 and 2 of Regulation (EC) No. 1073 / 2009 or under article 18 paragraph 4 and 5 of the EC/Switzerland agreement operates, the supervisory of authority pursuant to article 2, paragraph 2, or 2. If the contractor in Germany is established , in all other cases the supervision of the authority that has issued the Community licence to the contractor or would be responsible for this.

(2) the implementation of the supervision varies according the § § 54 and 54a of the passenger transport Act.
(3) unless the company not in Germany is established and no case of paragraph 1 exists, has the Federal Office for goods transport in accordance with the articles 4 b and 4 c of the Federal Data Protection Act 1. violations of law that are suitable, the limitation or withdrawal of market access of the company to establish, pursuant to article 23 (1) of Regulation (EC) No. 1073 / 2009 the competent authority of the State of establishment, as well as 2 violations and impose penalties after annex 7 article 12 paragraph 1 of the EC/Switzerland of the competent authority agreement Authority of the Contracting Party at their request to communicate.

§ 7 measures of control control authorized can continue driving the vehicle driver or the Fahrzeugführerin a prohibit, if 1) contrary to article 4 paragraph 3 sentence 2 of Regulation (EC) No. 1073/2009 a certified true copy of the Community licence or contrary to annex, paragraph 1 a 7 article 11 paragraph 1 of the EC/Switzerland agreement certified true copy of the corresponding Swiss licence, b) contrary to article 20 sentence 1 of the INTERBUS Agreement with a certified copy of the permit for the carriage of passengers in international occasional carriage of Buses, c) contrary to article 19 (1) of Regulation (EC) No. 1073/2009, in conjunction with article 12 paragraph 1 and 6, and article 17 paragraph 1 and 4, article 2 paragraph 3 sentence 1 and article 8 (2) of Regulation (EC) no 2121/98, annex 7 article 11 paragraph 1 subparagraph 1 and 3 of the EC/Switzerland agreement or article 18 , also in connection with article 12 paragraph 2 of the INTERBUS Agreement, the authorization or a certified copy of approval, the control document-journey form or the contract or a certified true copy of the contract, d) contrary to article 6 paragraph 6 of Regulation (EC) No 1073/2009 or Annex 7 article 2 paragraph 6 of the EC/Switzerland agreement is a copy of the authorization, a copy of the contract or equivalent document or a certified copy of the Community licence for hauliers of the community or of the corresponding Swiss license for Swiss carriers, or e) contrary to article 9 (3) of Regulation (EC) no 2121/98 or Annex 7 article 11 paragraph 1 subparagraph 2 of the agreement EC/Switzerland the certificate for the transport or a certified copy of the certificate to the test submit, 2. a promotion carried out will not comply with the permit or not, the content of the journey form , the contract or the certificate corresponds to 3 that journey form is incomplete, or 4, the coach not to annex 2 articles 1 to 3 of the INTERBUS Agreement corresponds to the requirements.

§ 8 is number 4 of the passenger transport Act offences (1) any person in the sense of article 61, paragraph 1, who intentionally or negligently not or not timely sent 1 contrary to article 5, paragraph 1 a journey form, 2. contrary to § 5 paragraph 2 for it provides, will be accompanied by a required document or 3. contrary to article 5, paragraph 3 is not carrying a required document or an authorized inspecting officer reveals not or not timely.
(2) any person within the meaning of article 61, paragraph 1 point 5 letter a of the passenger transport Act who against regulation (EC) is, No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market and amending Regulation (EC) No. 561/2006 (OJ L 300 from November 14, 2009, p. 88) violates, he intentionally or negligently paragraph 1 carries out international carriage of passengers by coach and bus as contractor 1 without Community licence referred to in article 4, 2. without permission under article 5 operates regular services paragraph 1 sentence 2 or sentence 3 or article operates 14 cabotage 3. without permission.
(3) any person within the meaning of article 61, paragraph 1 No. 5 letter b of the passenger transport Act is, who contrary to Regulation (EC) No 1073/2009, by he intentionally or negligently 1 as an entrepreneur a) contrary to article 6 paragraph 6 subparagraph 2 not provides that a there called a document is carried in the additional used vehicles, b) contrary to article 11 paragraph 1 does not apply a measure to ensure the transport service or c) no certificate referred to in article 5 paragraph 5 sentence 1 Transport operates or 2nd as the aircraft contrary to article 4 paragraph 3 sentence 2, article 12 paragraph 1, article 17 paragraph 1 or article 19 paragraph 1, also in conjunction with article 12 a certified true copy of the Community licence, a travel sheet, a permit or a control document is not carrying paragraph 6 or of article 17 paragraph 4 or not or not timely presents an authorized inspecting officer.
(4) any person within the meaning of article 61, paragraph 1 No. 5 letter b of the passenger transport Act who against regulation (EC) is, no 2121/98 of the Commission of 2 October 1998 laying down detailed rules for the regulations (EEC) no 684 / 92 and (EC) No 12 / 98 of as regards documents for passenger transport by coach and bus (OJ L 268 of the 3.10.1998, p. 10) violates, by he intentionally or negligently 1 as contrary to article 2 paragraph 2 sentence 1 a journey form not, incorrectly, incompletely or not in time fills or 2nd as a driver) contrary to article 8 paragraph 2 a there called a document not transporting or b) contrary to article 9 paragraph 3 does not carry a there called a document or not or not timely presents an authorized inspecting officer.
(5) any person within the meaning of article 61, paragraph 1 point 5 letter a of the passenger transport Act who opposed the agreement between the European Community and the Swiss Confederation on the freight and passenger transport on rail and road (OJ is, L 114 of the 30.4.2002, p. 91) violates, by he intentionally or through negligence as contractor 1 without a Community licence for Community carriers or a Swiss licence for Swiss carriers pursuant to article 17 paragraph 3 operates 1 international carriage of passengers by coach and bus shall or 2 without permission line traffic operates under article 18 paragraph 4.
(6) any person within the meaning of article 61, paragraph 1 No. 5 letter b of the passenger transport Act is who to the EC/Switzerland agreement violates by he intentionally or through negligence as contractor 1 without certificate referred to in article 18 transport operates 6 2 contrary to annex 7 article 2 paragraph 6 subparagraph 2 not provides that a there called a document is carried in a vehicle also used , 3. contrary to annex 7 article 7 paragraph 1 a measure to ensure the transport service does not apply or 4. contrary to annex 7 article 8 paragraph 2 a journey form not, incorrectly, incompletely or not in time fills out.
(7) any person within the meaning of article 61, paragraph 1 No. 5 letter b of the passenger transport Act who against the Convention on passenger transport in the international occasional carriage and bus (INTERBUS Agreement) (OJ is, L 321 of 26.11.2002, p. 13) violates, by he intentionally or negligently 1 as a contractor) without approval referred to in article 7 (1) occasional services operates, b) contrary to article 13 paragraph 1 in connection with article 11 paragraph 1 sentence 2 a journey form fills not, incorrectly, incompletely or not timely or c) contrary to annex 2 articles 1, 2, or 3 is a bus and coach , which does not meet the requirements there mentioned, or 2 as an aircraft contrary to article 18 in conjunction with article 12 paragraph 2 or article 20 paragraph 1 or Annex 2 article 7 paragraph 1 sentence 1 or 2 a there called a document not transporting or not or not timely submit an authorized inspecting officer.

Article 9 entry into force, expiry this regulation enter into force on the day after the announcement. At the same time the EC-bus implementation regulation of 11 August 2004 (BGBl. I p. 2169), most recently by Article 479 of the Decree of October 31, 2006 (BGBl. I S. 2407) is been changed other than force.

Concluding formula the Federal Council has approved.