Regulation On The Safety Of The Railway System

Original Language Title: Verordnung über die Sicherheit des Eisenbahnsystems

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Railway Safety Regulation (Railway Safety Ordinance-ESiV)

Non-official table of contents

ESiV

Date of departure: 05.07.2007

Full quote:

" Railway Safety Ordinance of 5. July 2007 (BGBl. 1305, 1318), as last amended by Article 2 of the Regulation of 29 June 2000. April 2011 (BGBl. I p. 705) "

:Last modified by Art. 2 V v. 29.4.2011 I 705

For details, see the menu under Notes
This regulation is designed to implement the European Directive 2004 /49/EC Parliament and the Council of 29 Council Directive 95 /18/EC on the granting of authorisations for 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 the safety certificate (OJ L 327, 30.4.2004, p. EU No OJ L 164, p. 16), as last amended by Directive 2004 /50/EC of the European Parliament and of the Council of 29 June 2001 on the 1 April 2004 (OJ L 327, EU No L 164 p. 114, No 40), as well as the implementation of Council Directive 96 /48/EC on the interoperability of the trans-European high-speed rail system of 23 October 2001 on the interoperability of the trans-European high-speed rail system. 1 July 1996 (OJ L 327, EC No 6) and Directive 2001 /16/EC of the European Parliament and of the Council on the interoperability of the conventional rail system of 19 June 2001 on the interoperability of the railway system. 1 March 2001 (OJ L 327, EC No 1), as last amended by Directive 2004 /50/EC of the European Parliament and of the Council of 29 June 2000, of the European Parliament and of the Council of the European Parliament, of 1 April 2004 (OJ L 327, EU No L 164 p. 114, No 40).

footnote

(+ + + text-proof: 14.7.2007 + + +)
(+ + + Official note of the standard-provider on EC law:
Implementation of the
EGRL 48/96 (CELEX Nr: 396L0048)
EGRL 49/2004 (CELEX Nr: 304L0049)
EGRL 16/2001 (CELEX Nr: 301L0016) + + +)

The V was defined as Article 2 of the V v. 5.7.2007 I 1305 issued by the Federal Ministry of Transport, Building and Urban Development in agreement with the Federal Ministry of Finance and the Federal Ministry of Economics and Technology with the approval of the Federal Council. She's gem. Article 8, first sentence, of this V mWv 14.7.2007 entered into force. Non-official table of contents

§ 1 Scope of application

This Regulation shall apply to regular public railways, in so far as these are not networks of the Regional transport or service facilities or regional railways. Non-official table of contents

§ 2 Definitions

For the purposes of this Regulation:
1.
"Safety rules" all rules that meet the requirements to ensure the Railway operational safety and apply to more than one railway, irrespective of the place where these rules are established;
2.
" Technical specifications for the Interoperability ' (TSIs) specifications referred to in Chapter II of Council Directive 96 /48/EC of 23 June 2000 on the 1 July 1996 on the interoperability of the trans-European high-speed rail system (OJ L 327, 22. EC No 6), and Directive 2001 /16/EC of the European Parliament and of the Council of 19 June 2001 on the 1 March 2001 on the interoperability of the conventional rail system (OJ C 197, 21.7.2001 EC No 1), as last amended by Directive 2007 /32/EC of the Commission of 1 January 2007. 21 June 2007 (OJ C 327, EU No 63), which apply to each subsystem or part thereof with a view to meeting the essential requirements and ensuring interoperability.
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§ 3 security regulations

(1) The Federal Ministry of Transport, Building and Urban Development will send the Commission all before the 14. The safety rules referred to in Annex II to Directive 2004 /49/EC of the European Parliament and of the Council of 29 July 2007 and thereafter. Council Directive 95 /18/EC on the granting of authorisations for 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 the safety certificate (OJ L 327, 30.4.2004, p. 44, OJ L 220, 21.6.2004, p. 16), as last amended by Directive 2009 /149/EC (OJ L 164, 30.4.2009, p. 65) was amended to indicate its scope of application.(2) Railways shall immediately notify the safety authority in writing of any changes to the safety rules laid down by them in accordance with Annex II to Directive 2004 /49/EC, as referred to in Annex II to Directive 2004 /49/EC, and shall be notified to the safety authority. The provisions of the first sentence shall apply to the transmission of safety rules adopted by the countries as laws, regulations or administrative provisions.(3) The Federal Ministry for Transport, Building and Urban Development shall immediately communicate to the Commission any amendments to safety rules which have already been submitted in accordance with paragraph 2, provided that the provisions in question are not exclusive the application of technical specifications for interoperability.As soon as the common safety objectives referred to in Article 1 (e) of Directive 2004 /49/EC are adopted in accordance with a procedure laid down in Article 7 of Directive 2004 /49/EC, a railway shall be allowed to adopt a new safety rule which shall cover: security objectives beyond common security objectives, do not set and apply security,
1.
as long as the procedure is not completed under Article 8 (6) and (7) of Directive 2004 /49/EC (EC participation procedure) or
2.
if the Commission has taken a negative decision to do so.
The railway has to submit the draft safety rule to the safety authority. This information is transmitted to the Commission via the Federal Ministry of Transport, Building and Urban Development and informs the railways of the result of the EC participation process. Non-official table of contents

§ 4 Application for security certificates and security approvals

(1) Applications for the grant of Safety certificates and safety approvals are to be provided in German.(2) The safety authority shall provide the applicants with a guide, free of charge, in the context of the application, explaining the requirements for safety certificates and safety approvals and the documents to be submitted are listed. Non-official table of contents

§ 5 Obligations to teach

(1) The safety authority shall inform the competent authority after revocation of a national certificate in the According to Article 7a (4) of the General Railway Act, the safety authority of the other Member State which issued the safety certificate on which the national certificate has been issued is immediately informed of its decision.The safety authority shall inform the European Railway Agency (Agency) within one month of the granting, renewal, alteration or revocation of safety certificates pursuant to Section 7a (2) (1) and of the security approvals according to § § 7a (2) (1) of the German Agency for the Protection of Safety and Security (EbA). 7c (2) No. 1 in conjunction with Section 7b of the General Railway Act. The notification shall include the name and address of the railway undertaking, the date of issue, the scope and duration of the safety certificate or the safety authorisation, and, in the case of withdrawal, the reasons for this. Non-official table of contents

§ 6 Safety Report

Railways, which require a safety certificate or a security permit , the security authority shall be responsible for 30 years. To submit a written safety report in accordance with the second sentence of the preceding calendar year, in accordance with the provisions of the second sentence of the previous calendar year. This safety report must contain:
1.
Information about how related to the enterprise in question the objectives for the maintenance and improvement of safety within the meaning of point 2 (b) of Annex III to Directive 2004 /49/EC have been achieved and the plans referred to therein have been implemented in order to achieve those objectives;
2.
the development of the common safety indicators set out in Annex I to Directive 2004 /49/EC, related to the company concerned;
3.
the results of internal security checks;
4.
Dangerous event information in the Railway operation examined by the investigating authority responsible for the investigation of major accidents in the railway operation and the measures taken as a result.
A non-official table of contents

§ 7 Annual Report

(1) Each year the safety authority publishes a report on its activities of the previous year and transmits it to the Agency no later than 30. September every year.(2) The report shall include information on:
1.
the development of rail safety including a Compilation of the common safety indicators referred to in Annex I to Directive 2004 /49/EC;
2.
important amendments to laws, regulations and administrative provisions in the field of railway safety;
3.
the enforcement of the safety certificates and the safety approvals in general form and
4.
performing general rail supervision in general.
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§ 8 Administrative Offences

Act contrary to § 28 (1) (6) (b) of the General Railway Act, who intentionally or negligently acts as the person in charge of the company in accordance with § 6 sentence 1 Safety report not, not correct, not complete or not presented in good time.