EU passenger rights-Kraftomnibus-Gesetz (EU-FahrgRBusG)

Unofficial table of contents

EU-FahrgRBusG

Date of completion: 23.07.2013

Full quote:

" EU passenger rights-Kraftomnibus-Gesetz vom 23. Juli 2013 (BGBl. I p. 2547) "

Footnote

(+ + + Text proof: 27.7.2013 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 EUV 181/2011 (CELEX Nr: 32011R0181) + + +) 

  

The G was decided by the Bundestag as Article 1 of the G v. 23.7.2013 I 2547. It occurs gem. Art. 3 of this G in force on 27.7.2013. Unofficial table of contents

§ 1 Subject matter and scope

(1) This Act provides for the implementation of Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 on the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 327, 30.11.2011, p. 1). (2) The provisions of Regulation (EU) No 181/2011 should not be applied to a regular service until 28 February 2017, provided that at least a scheduled stop occurs outside the European Union; and (3) Article 16 (1) (b) of Regulation (EU) No 181/2011 is not applicable to carriers in relation to the training of drivers until 28 February 2018. , Unofficial table of contents

§ 2 Tasks of the Federal Government

The Federal Government is responsible for the enforcement of passengers ' rights in the field of bus and coach transport. Unofficial table of contents

§ 3 Competent authority, lodging of the complaint with the carrier

(1) Competent Authority for the enforcement of Regulation (EU) No 181/2011 is the Federal Railway Authority. (2) Complaints pursuant to Article 27 of Regulation (EU) No 181/2011 must be submitted directly to the carrier. The authority referred to in paragraph 1 shall be subject to appeal in respect of complaints pursuant to the second subparagraph of Article 28 (3) of Regulation (EU) No 181/2011. Unofficial table of contents

§ 4 Powers

(1) Insofar as it is necessary for the implementation of Regulation (EU) No 181/2011, the competent authority may take the necessary measures to establish, eliminate or prevent infringements of Regulation (EU) No 181/2011 are required. It may in particular:

1.

oblige the carrier, performing carrier, ticket vendor, travel agent, tour operator or bus station operator within the meaning of Article 3 (e) to (i) and (o) of Regulation (EU) No 181/2011, to establish an established infringement of the , or to refrain from any future infringements,

2.

the carrier, performing carrier, ticket vendor, travel agent, tour operator or bus station operator all the information required for the performance of the tasks set out in the first sentence of the first subparagraph, within a reasonable period to be determined require,

3.

for the performance of the powers referred to in the first sentence and in points 1 and 2, the carrier, the performing carrier, the ticket vendor, the travel agent, the tour operator or the bus station operator within the meaning of Article 3 (e) to (i) and (o) of Regulation (EU) No 181/2011

a)

to obtain access to the required typeface or data carriers, in particular records and contract documents;

b)

manufacture copies, excerpts, printouts or copies, including data carriers, or require such copies,

c)

use the documents and data carriers referred to in point (b) and, where necessary, save them.

(2) In the context of paragraph 1, persons authorised by the competent authority shall be entitled to enter land, premises and premises during normal business or business hours. (3) In the case of storage referred to in paragraph 1, sentence 2 Point 3 (c) shall be deleted by the competent authority immediately after the completion of the respective tasks referred to in the first sentence of paragraph 1 or in the second sentence of paragraph 1 or 2 in each individual case by the competent authority. (4) in accordance with the second sentence of paragraph 1, point 2, the person responsible for the information may provide information on such information Refuse to answer questions which they themselves or one of the members of the civil procedure referred to in § 383 (1) (1) to (3) of the Code of Civil Procedure of the criminal prosecution or of a procedure under the law on administrative offences by default. (5) The competent authority may enforce its orders in accordance with the rules applicable to the enforcement of administrative measures. When a penalty payment is imposed, it can be up to EUR 500 000. Unofficial table of contents

§ 5 Dulunding and co-action obligations

Carriers, performing carriers, ticket vendors, travel agents, tour operators or bus station operators, the persons appointed to represent them by law or by statute, and the representatives appointed by them, and the owners and Other persons entitled to use the land, operating and business premises referred to in § 4 (2) shall be obliged to:

1.

the measures referred to in Article 4 (1), second sentence, point 3 and (2), and

2.

to assist the competent authority and the persons entrusted by it in the performance of its tasks.

In particular, the persons referred to in the first sentence shall be obliged, at the request of the competent authority and the persons appointed by the competent authority, to open the rooms to be considered. Unofficial table of contents

§ 6 Schlichtungsstelle

(1) In order to resolve disputes arising from carriage in bus and coach transport, the passenger may call a suitable conciliation body if the contracting party has agreed to take part in the conciliation. (2) Disputes within the meaning of the paragraph 1

1.

Disputes arising from the breach of the rights and obligations under Regulation (EU) No 181/2011; and

2.

Disputes arising due to loss, damage or delayed delivery of baggage of a passenger or any other goods carried or carried by a passenger on his or her own.

The right to appeal to the courts remains unaffected by the conciliation. (3) A conciliation body is particularly appropriate if it follows the following principles for the out-of-court settlement of consumer disputes:

1.

The authority must be independent and thereby ensure impartial action; in the case of collegial decisions, independence can be guaranteed through the joint participation of representatives of consumers and businesses.

2.

The parties must be able to present facts and assessments and receive legal hearing.

3.

The conciliators and their assistants shall ensure the confidentiality of the information which they are informed of in the case of the dispute settlement procedure.

4.

The dispute settlement procedure must be carried out quickly and free of charge for the passengers.

5.

The procedural rules must be accessible to interested parties.

(4) The mediation body referred to in paragraph 1 may not be called if the claim has not been made directly against the carrier, tour operator or travel agent or since the claim has been made to the carrier; Tour operators or travel agents no longer than 30 days have passed. (5) The carriers, tour operators and travel agents have received a complaint in connection with the provisions of Regulation (EU) No 181/2011. Rights and obligations to be informed of the possibility of mediation and the (6) A point of reference within the meaning of paragraph 1 may also be a cross-carrier lighting centre. (7) The Schlichtungsstelle referred to in paragraph 1 shall require the recognition of the Federal Ministry of Transport, Construction and Urban Development, the Federal Ministry of Food, Agriculture and Consumer Protection and the Federal Ministry of Justice. The recognition is to be published in the Federal Gazette. Unofficial table of contents

§ 7 Fees and charges

The Federal Railway Authority collects fees and charges for its acts pursuant to this Act, pursuant to this Act or under Regulation (EU) No 181/2011. Unofficial table of contents

Section 8 Regulation authorisation

(1) In order to enforce the rights of passengers in bus and coach transport pursuant to Regulation (EU) No 181/2011, the Federal Ministry of Transport, Building and Urban Development shall be authorized to carry out the tasks of the Federal Government in accordance with § 2, insofar as this is the case. Enforcement of acts of the European Union is required, by means of a legal regulation without the consent of the Bundesrat

1.

rules on the enforcement of passengers ' rights in bus and coach transport pursuant to Regulation (EU) No 181/2011,

2.

identify the facts which may be punishable as an administrative offence in accordance with Article 9 (1),

3.

Rules for reporting on the enforcement of Regulation (EU) No 181/2011, as provided for in Article 29 thereof.

(2) In order to cover the administrative burden, the Federal Ministry of Transport, Building and Urban Development is authorized to determine, without the consent of the Federal Council, the chargeable facts and the fee rates by means of a legal regulation without the consent of the Federal Council. (3) The Federal Ministry of Transport, Building and Urban Development is authorized, by means of a regulation without the consent of the Federal Council, to make further requests to the Schlichtungsstelle (Schlichtungsstelle) and to the place of the city shall be regulated in accordance with § 6. The Federal Ministry of Food, Agriculture and Consumer Protection and the Federal Ministry of Justice require the agreement of the Federal Ministry of Food, Agriculture and Consumer Protection and the Federal Ministry of Justice to take legal orders. Unofficial table of contents

§ 9 Penal rules

(1) The offence is contrary to an act of direct or negligent conduct of a directly applicable provision in European Union legislative acts relating to the rights of passengers in bus and coach transport, in so far as a legal regulation pursuant to Article 8 (1) (1) of this Regulation is applicable. (2) The administrative offence can be punished with a fine of up to thirty thousand euros. (3) Administrative authority within the meaning of Section 36 (1) (1) of the Law on Irregularities are the competent authority in accordance with Section 3 (1).