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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Regulation on the implementation of European Community regulations and agreements on the carriage of passengers by coach and bus (EC-Bus Implementing Regulation-EGBusDV)

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EGBusDV

Date of expiry: 04.05.2012

Full quote:

" EC Bus Implementing Regulation of 4. May 2012 (BGBl. I p. 1038) "

footnote

(+ + + text evidence from: 12.5.2012 + + +)

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input formula

On the basis of Article 57 (1) (6) and (11) of the Passenger Transport Act, the number 6 of which shall be replaced by Article 29 (d) of the Act of 28. June 1990 (BGBl. 1221) and its number 11 is amended by Article 1 (2) of the Law of 19. July 2002 (BGBl. 2691), the Federal Ministry for Transport, Building and Urban Development is ordering: Non-official table of contents

§ 1 Scope

application This Regulation regulates the implementation of
1.
of Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 June 2009. October 2009 on common rules for access to the international market for coach and bus services and amending Regulation (EC) No 561/2006 (recast) (OJ L 376, 27.12.2006, p. 88),
2.
Commission Regulation (EC) No 2121/98 of 2 June 1998. With regard to the implementation of Council Regulations (EEC) No 684/92 and (EC) No 12/98 as regards the transport documents relating to the carriage of passengers by coach and bus (OJ L 327, 31.12.1998, p. 10),
3.
of the Agreement between the European Community and the Swiss Confederation on the carriage of goods and passengers by road Rail and road transport (OJ L 327, 91) (Agreement between the EC and Switzerland)
4.
of the Convention on the Promotion of Persons in Transfrontier Occasional Transport with Omnibussen (Interbus Agreement) (OJ L 136, 31.7.2005, p 13).
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§ 2 competent authorities

(1) For the grant of the Community licence pursuant to Article Article 4 of Regulation (EC) No 1073/2009 is responsible for the approval authority within the meaning of Article 11 (1) and (2) of the Passenger Transport Act (Passenger Transport Act). Where a number of authorities are competent to do so, the Community licence shall be issued by the authority in whose district the company has its registered office or establishment in the sense of commercial law.(2) For the granting of a regular service or a special type of regular service subject to approval pursuant to Article 5 (1) and (2) of Regulation (EC) No 1073/2009, or Article 18 (4) and (5) of the EC-Switzerland Agreement, and the examination of applications for authorisation submitted in other Member States or in Switzerland pursuant to Article 8 (2) of Regulation (EC) No 1073/2009 and Annex 7 Article 4 (2) of the EC-Switzerland Agreement are Article 52 (2) and (2) of the EC Treaty. § 53 (2) of the Passenger Transport Act accordingly.(3) For the purpose of carrying out measures against a carrier established in Germany pursuant to Article 22 (3) of the Interbus Convention, the approval authority shall be in accordance with the provisions of Section 11 (2) (2) of the Law on the Promotion of Persons Responsible.(4) The Federal Ministry of Transport, Building and Urban Development is responsible for
1.
the communications to the Commission on the number of licences issued and the number of licences issued. Total number of authorisations valid on scheduled services and cabotage data, which was carried out as a special form of regular service and occasional transport of hauliers established in Germany, in accordance with Article 28 (1) of the Regulation (EC) No 1073/2009,
2.
the transmission of the statistical overview of the number of licences for cabotage services, which are scheduled to be scheduled to be scheduled to take place in accordance with Article 15. of Regulation (EC) No 1073/2009, to the Commission pursuant to Article 28 (2) of Regulation (EC) No 1073/2009,
3.
the transmission of the Number of carriers holding a Community licence and the number of certified authorisations referred to in Article 28 (4) of Regulation (EC) No 1073/2009,
4.
the communication on serious or repeated violations by a non-resident carrier to the competent authorities of the Contracting State in which the haulier , pursuant to Article 22 (1) of the Interbus Agreement.
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§ 3 Application:

(1) The application for The granting of an authorisation pursuant to Article 7 of Regulation (EC) No 1073/2009 in conjunction with Article 7 of Regulation (EC) No 2121/98 or a permit referred to in Article 3 of Annex 7 to the EC-Switzerland Agreement shall be submitted in duplicate. The approval authority may request further copies.(2) If the applicant or the applicant fails to comply with a request from the approval authority to obtain missing information or to submit missing documents within a reasonable time, the application shall be deemed to have been submitted by the applicant. .(3) The period referred to in Article 8 (3) of Regulation (EC) No 1073/2009 or Annex 7 Article 4 (3) of the EC-Switzerland Agreement shall begin to run when a full application is submitted. Non-official table of contents

§ 4 Hearing procedure

The competent authority referred to in § 2 (2) has a decision before deciding in the following cases: To carry out the consultation procedure in accordance with Section 14 (1) to (4) of the Passenger Transport Act:
1.
in the case of an application for a permit for the Regular services or a special type of regular service subject to approval pursuant to Article 5 (1) and (2) of Regulation (EC) No 1073/2009, or Article 18 (4) and (5) of the EC-Switzerland Agreement,
2.
in case of a request for renewal of the approval or modification of the conditions for the operation of transport services subject to approval pursuant to Article 9 of Regulation (EC) No 1073/2009 or in accordance with Article 5 (3) of Annex 7 to the EC-Switzerland Agreement,
3.
in accordance with Article 8 (2) of Regulation (EC) No 1073/2009 or in Article 4 (2) of Annex 7 to this Regulation of the agreement between the EC and Switzerland on applications for authorisation to be submitted in other Member States or in Switzerland.
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§ 5 Obligations of the entrepre and the driver of the vehicle or of the driver

(1) The operator shall immediately after the end of the period of time the journey leaves referred to in Article 17 (5) of Regulation (EC) No 1073/2009 The month in which cabotage operations were carried out, to the Federal Ministry of Transport, Building and Urban Development. Pursuant to the third sentence of Article 28 (1) of Commission Regulation (EC) No 1073/2009, the latter shall communicate to the Commission, in a non-personal form, the data relating to cabotage which is a special form of regular service and occasional transport during the reporting period of: has been carried out in Germany by local transport operators.(2) The contractor shall ensure that, in accordance with the following provisions, the required documents are carried along throughout the journey:
1.
in accordance with Article 4 (3), second sentence, Article 12 (1), Article 17 (1) or Article 19 (1), also in conjunction with Article 12 (6) or Article 17 (4), of Regulation (EC) No 1073/2009, in conjunction with the first sentence of Article 2 (3) and Article 8 (2) of Regulation (EC) No 2121/98, a certified copy of the Community licence, the authorisation or a copy of the copy of the Community licence, certified by the approval authority, of: Authorisation, the inspection document (travel sheet), the contract or a certified copy of the contract,
2.
pursuant to Article 9 (3) of Regulation (EC) No 2121/98, the Certificate for the movement of the work or a certified copy of the certificate,
3.
a certified true certified copy of the EC-Switzerland Agreement in accordance with Article 11 (1) of Annex 7 to the Agreement A copy of the Community licence or certificate, the approval or a certified copy of the permit, the journey sheet, the certificate or a certified copy of the certificate, the contract or a certified copy of the certificate, the certificate or a certified copy of the certificate. Contract,
4.
in accordance with Article 18, also in conjunction with Article 12 (2) of the Interbus Agreement, the travel sheet or the permit,
5.
pursuant to Article 20, sentence 1 of the Interbus Convention, an officially certified copy of the permit for the carriage of passengers in cross-border occasional services by bus and coach or
6.
in accordance with Article 7 of Annex 2 of the Interbus Convention, the document required to prove the initial authorisation or the document for the new engine.
(3) The driver of the vehicle or the driver of the vehicle shall, in accordance with the following provisions, carry the necessary documents in the vehicle and show the person entitled to control at his request:
1.
in accordance with the first subparagraph of Article 11 (1) of Annex 7 to the EC-Switzerland Agreement, a certified copy of the Community licence or Swiss licence,
2.
in accordance with Annex 7, Article 11 (1), first subparagraph, and 3 of the EC-Switzerland Agreement, the approval or a certified copy of the approval, the travel sheet, the contract, or a certified copy of the contract or
3.
in accordance with the second subparagraph of Article 11 (1) of Annex 7 to the Agreement between the EC and Switzerland, the certificate for the movement of the work or a certificate Certified copy of the certificate.
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§ 6 supervision, mutual assistance to foreign authorities

(1) The The operator shall be subject to the provisions of this Regulation and of the Regulations and Agreements referred to in Article 1 of this Regulation and to the Agreement
1.
as far as scheduled or unscheduled. Special scheduled services under Article 5 (1) and (2) of Regulation (EC) No 1073/2009 or under Article 18 (4) and (5) of the Agreement between the EC and Switzerland shall be subject to the supervision of the competent authority in accordance with Article 2 (2) or
2.
if the trader is established in Germany, in all other cases, the authority of the authority issuing the Community licence to the entrepellent
() The implementation of the supervision is governed by § § 54 and 54a of the Passenger Transport Act.(3) If the company is not established in Germany and no case of paragraph 1 is present, the Federal Office of Goods Transport has to comply with § § 4b and 4c of the German Federal Data Protection Act
1.
Legal violations which are likely to justify the limitation or withdrawal of the market access of the company, in accordance with Article 23 (1) of Regulation (EC) No 1073/2009 of Competent authority of the State of establishment, and
2.
Infringements and their application in accordance with Article 12 (1) of Annex 7 to the EC-Switzerland Agreement of the competent authority of the Contracting Party at its request
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§ 7 Measures of Control

Control authorized can prohibit the continuation of the journey if
1.
the driver of the vehicle or the driver
a)
contrary to the second sentence of Article 4 (3) of the Regulation (EC) No 1073/2009, a certified copy of the Community licence or, contrary to Annex 7, Article 11 (1), first subparagraph, of the EC/Switzerland Agreement, a certified copy of the relevant Swiss licence,
b)
contrary to Article 20, sentence 1 of the Interbus Convention, an officially certified copy of the permit for the carriage of passengers in cross-border occasional transport with Omnibussen,
c)
contrary to Article 19 (1) of Regulation (EC) No 1073/2009, in conjunction with Articles 12 (1) and (6) and 17 (1) and 17 (4), Article 2 Paragraph 3, first sentence, and Article 8 (2) of Regulation (EC) No 2121/98, Annex 7, Article 11 (1), first subparagraph, and (3) of the EC-Switzerland Agreement, or Article 18, also in conjunction with Article 12 (2) of the Interbus Agreement, which shall be approved or a certified copy of the authorisation, the control paper (travel sheet) or the contract or a certified copy of the contract,
d)
contrary to Article 6 (2) 6 of Regulation (EC) No 1073/2009, or Annex 7 Article 2 (6) of the EC-Switzerland Agreement, a copy of the authorization, a copy of the contract or an equivalent document or a certified copy of the Community licence for Community transport undertakings or the corresponding Swiss licence for Swiss transport undertakings, or
e)
contrary to Article 9 (3) of the Regulation (EC) No 2121/98 or Annex 7, Article 11 (1), second subparagraph, of the EC-Switzerland Agreement, the certificate of work or a certified copy of the certificate
shall not be submitted for examination,
2.
a promotion that is not subject to the terms of the approval or not the contents of the travel sheet, the contract or the certificate matches,
3.
the travel sheet is incomplete, or
4.
the bus or coach does not comply with the requirements of Annex 2, Articles 1 to 3 of the Interbus Agreement.
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§ 8 Offences

(1) are in breach of order within the meaning of Section 61 (1) (4) of the Passenger Transport Act, who intentionally or negligently
1.
contrary to § 5, paragraph 1, a travel sheet is not sent or not sent in due time,
2.
contrary to § 5, paragraph 2 does not ensure that a required document is carried along or
3.
contrary to § 5 (3) a required document is not carried along or a document (
) Contrary to Regulation (EC) No 1073/2009 of the European Parliament and of Regulation (EC) No 1073/2009 of the European Parliament and of the European Parliament, the Commission shall not, in accordance with Article 61 (1) (5) (a) of the Personal Transport Act, act in an
of conduct. of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services and amending Regulation (EC) No 561/2006 (OJ L 210, 31.7.2006, p. 88), by deliberately or negligently acting as an entreponator
1.
without Community licence referred to in Article 4 (1) of the international carriage of passengers by coach and coach,
2.
without authorization pursuant to Article 5 (1), second sentence, or 3.
3.
operates without authorization in accordance with Article 14 cabotage.
(3) Contrary in the sense of Section 61 (1) (5) (b) of the Persons to be covered by the Passenger Name Act, who is in breach of Regulation (EC) No 1073/2009, by intentionally or negligently
1.
as entreprender
a)
contrary to article 6 The second subparagraph of paragraph 6 does not ensure that a document referred to in the second subparagraph is included in the additional vehicles,
(b)
contrary to Article 11 (1), Measure to ensure the operation of the service does not meet or
c)
without a certificate as referred to in Article 5 (5), first sentence, 1 work transport
2.
as a driver against Article 4 (3), second sentence, Article 12 (1), Article 17 (1) or Article 19 (1), also in conjunction with: Article 12 (6) or Article 17 (4) shall not include a certified copy of the Community licence, a journey sheet, a permit or a control paper, or not showing a person entitled to control or not in good time.
(4) Contrary to the provisions of Article 61 (1) (5) (b) of the Act on the Promotion of Persons, the Commission is acting in breach of Commission Regulation (EC) No 2121/98 of 2 June 1998. With regard to the implementation of Council Regulations (EEC) No 684/92 and (EC) No 12/98 as regards the transport documents relating to the carriage of passengers by coach and bus (OJ L 327, 31.12.1998, p. 10), by intentionally or negligently acting
1.
as an entreprenter Article 2 (2), first sentence, a journey sheet not, not correct, not complete or not completed in time, or
2.
as a driver of the vehicle
a)
contrary to article 8, paragraph 2, a document referred to there is not included or
b)
contrary to Article 9, paragraph 3, a document referred to in the document does not participate in the document or does not show a control entitled or does not show timely in time.
5) The meaning of Article 61 (1) (5) (a) of the Passenger Transport Act is to be found to those who are opposed to the Agreement between the European Community and the Swiss Confederation on the carriage of goods and persons by rail and by road 1. 91), by deliberately or negligently acting as an entreponator
1.
without Community licence for Community hauliers or a Swiss licence for Swiss hauliers referred to in the first subparagraph of Article 17 (3) of international passenger transport by coach and bus or
2.
operates scheduled services without authorization pursuant to Article 18 (4).
(6) Contrary to law as defined in Section 61 (1) (5) (b) of the Passenger Law, who violates the agreement between the EC and Switzerland by intentionally or negligently acting as an entreprenter
1.
without a certificate as referred to in Article 18 (6) Work Transport,
2.
contrary to Annex 7 Article 2 (2) In the second subparagraph, the second subparagraph shall not ensure that a document referred to in that document is carried on in an additional vehicle,
3.
contrary to Article 7 (1) of Annex 7 Measure to ensure the traffic control does not meet or
4.
contrary to Annex 7 Article 8 (2) a travel sheet is not, not correct, not complete or is not filled in due time.
(7) Contrary to the provisions of Section 61 (1) (5) (b) of the Passenger Transport Act, those who are opposed to the Convention on the Promotion of Persons in Cross-border Occasional Transport Omnibuses (Interbus Agreement) (OJ C 327, 28.4.2002, p. 13), by intentionally or negligently acting
1.
as an entreponator
a)
without authorization pursuant to Article 7 (1) occasional traffic,
b)
contrary to Article 13, paragraph 1, in conjunction with Article 11 (1), second sentence, a travel sheet is not, not correct, not complete or not completed in time, or
c)
contrary to Annex 2, Articles 1, 2, or 3 uses a bus that does not meet the requirements referred to there,
2.
as a

vehicle driver, contrary to Article 18 in conjunction with Article 12 (2) or the first subparagraph of Article 20 (1) or the second sentence of Article 7 (1) or the second paragraph of Article 7 (2)
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§ 9. Entry into force, expiry date

This Regulation shall enter into force on the day following the date of delivery. At the same time, the EC Bus Implementing Regulation is 11. August 2004 (BGBl. 2169), which was last amended by Article 479 of the Regulation of 31 December 2008. October 2006 (BGBl. 2407), except for force. Non-official table of contents

Final formula

The Bundesrat has agreed.