Law on the driving personnel of motor vehicles and trams (Road Personality Act-FPersG)

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FPersG

Date of completion: 30.03.1971

Full quote:

" Fahrpersonalgesetz in the version of the Notice dated 19 February 1987 (BGBl. 640), as last amended by Article 474 of the Regulation of 31 August 2015 (BGBl I). I p. 1474).

Status:	Recast by Bek. 19.2.1987 I 640;
	Last amended by Art. 474 V v. 31.8.2015 I 1474

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.11.1976 + + +) 

  

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§ 1 Scope

(1) This Act shall apply to employment and to the activities of the crew of motor vehicles and of trams to the extent that they participate in the transport on public roads. Drivers, co-drivers and creators are members of the crew. In so far as this law and the legal regulations issued on the basis of § 2 No. 3 meet regulations concerning the organisation of working time, they shall be subject to the Working Time Act. (2) This Act shall not apply to the members of the crew

1.

of service vehicles of the Bundeswehr, the fire brigade and the other units and facilities of civil protection, the police and the customs service,

2.

of motor vehicles with a permissible gross laden weight, including trailers or semi-trailers, up to 2.8 tonnes, unless they are in the form of driving personnel in a working relationship falling within the scope of the Working Time Act.

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§ 2 Legal Regulations

The Federal Ministry of Transport and Digital Infrastructure is authorized, in agreement with the Federal Ministry of Labour and Social Affairs, with the approval of the Federal Council

1.

on the implementation of Council Regulation (EC) No 2135/98 of 24 September 1998 amending Regulation (EEC) No 3821/85 and Directive 88 /599/EEC (OJ L 139, 30.4.1998, p. EC No 1), to Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Regulations (EEC) No 3821/85 and (EC) No 2135/98 of the European Parliament and of the Council of 15 March 2006 on the harmonization of certain social legislation relating to road transport Council and repealing Council Regulation (EEC) No 3820/85 (OJ L 136, 31.5.1985, p. EU No 1), Regulation (EEC) No 3821/85 of the Council of 20 December 1985 on recording equipment in road transport (OJ L 378, 31.12.1985, p. EC No 8), to Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and on the Amendment of Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 210, 31.7.2006, p 1) and Directive 2006 /22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 on social legislation in the case of transport activities and repealing Council Directive 88 /599/EEC (OJ L 196, 27.7.1988, p. EU No 35), as amended, Legal Regulations

a)

on the organisation, the procedure and the means of monitoring the implementation of these Regulations,

b)

on the design and handling of the evidence of activity and of control equipment,

c)

exceptions to the minimum age limits for mobile staff and derogations from the rules on uninterrupted driving time, breaks and rest periods,

d)

on the use of vehicles and,

e)

in so far as it is necessary for the enforcement of the acts of the European Community or of the European Union, for the description of the facts which are contrary to the rules of law pursuant to Article 8 (1) (1) (b), (2) (b) and (4) (b) can be punished,

, to the extent to which the Federal Republic of Germany has a regulation in Articles 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21 and 22 of Regulation (EC) No 561/2006, in Articles 3, 21 to 24, 27, 29 and 32 to 41 of Regulation (EU) No 165/2014 as well as in Articles 3, 15, 16 and 19 of Regulation (EEC) No 3821/85 and its Annexes,

1a.

(dropped)

2.

on the implementation of the European Convention of 1 July 1970 on the Work of Driving Personals engaged in International Road Transport (AETR) (BGBl. 1974 II, p. 1473), as amended, Legal Regulations

a)

on the organisation, the procedure and the means of monitoring the implementation of this Agreement,

b)

the equipment with control equipment and its use, as well as the design and handling of the evidence of activity,

c)

laying down derogations from the minimum age limits for mobile staff,

d)

on the non-application of the AETR and other agreements and,

e)

in so far as it is necessary for the enforcement of the AETR, for the description of the facts which may be punishable as administrative offences in accordance with Article 8 (1) (b), (2) (b) and (4) (b),

, in so far as the Federal Republic of Germany is subject to a regulation in Article 2 (2), Articles 3, 4 and 10 (1) and Article 12 (1) of the AETR and in its Annexes,

3.

on ensuring road safety or on the protection of the life and health of members of the staff, legal regulations

a)

about working hours, driving times, driving interruptions and shift times,

b)

about rest periods and rest periods,

c)

on equipment with control equipment and its use, as well as on the design and handling of the evidence of activity and

d)

on the organisation, the procedure and the means of monitoring the implementation of these legal orders,

e)

on the admissibility of collective agreements relating to working, driving, shift and rest periods, as well as breaks and breaks in driving,

4.

on the management of a central register for the detection of the issued, lost and damaged driver, workshop, company and control cards (central tachograph register) of a legal regulation to be adopted

a)

the storage of the identification data of the drivers, technicians, undertakings and authorities to which driver, workshop, company or control cards have been issued and the storage of the identification data of the lost, lost and defective driver, workshop, company and control cards,

b)

the transmission of the identification data, with the exception of biometric data, to the public authorities responsible for administrative measures under Regulation (EEC) No 3821/85, Regulation (EU) No 165/2014, or legislation based thereon; or are responsible for the prosecution of criminal offences or administrative offences,

c)

the automated retrieval of the identification data, with the exception of biometric data, by the abovementioned bodies and in order to ensure data protection, in particular the control of the admissibility of the calls, and the security of data;

d)

the deletion of the data not later than one year after the expiry of the validity of the respective card;

to the Commission.

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§ 3 Prohibition of certain chord wages, premiums and surcharges

Members of the crew may not be paid as workers on the routes covered or on the quantity of goods transported, nor in the form of premiums or surcharges for such journeys or quantities of goods. The exceptions are remuneration which are not suitable for affecting road safety. Unofficial table of contents

§ 4 Supervision

(1) The supervision of the implementation of Regulations (EC) No 561/2006, (EEC) No 3821/85, (EU) No 165/2014 and Regulation (EC) No 2135/98, of the AETR and of this Act and of the legal regulations adopted pursuant to this Act shall be the responsibility of the (1a) The supervisory authority may order the necessary measures to be taken by the employer, the shipper, the freight forwarder, the Tour operators, the main contractors, the subcontractors and the (2) The responsibility of the Federal Office for Goods Transport in accordance with Section 9 (2) of the Act shall be without prejudice to the obligations of the Federal Office for the Transport of Goods and the Rights of the Services. 2 of this Act and pursuant to Section 11 (2) No. 3 (a), § 12 (6) of the Act on Road Transport. (3) The trader, the owner of the vehicle and the members of the crew are obliged to the competent authority within one of the following: deadline to be determined

1.

to give truthful and complete information in respect of the implementation of the provisions referred to in paragraph 1,

2.

the documents relating to this information or from which the payment of wages or salaries is to be made available for consideration or to be sent; if the documents are stored in an automated manner, they shall be submitted to the competent authorities on the basis of To make the request available, in accordance with the provisions of sentence 12, by means of remote data transmission or on a data carrier to be determined by the respective authority in accordance with sentence 11.

Members of the crew shall immediately hand out the records and proof of activity of the preceding days, which are no longer to be carried out, to the trader. Where a recording equipment is used in accordance with Annex I B to Regulation (EEC) No 3821/85, the operator shall periodically copy the data stored on the driver's card. For this purpose, the members of the crew have to make available to him the respective driver cards. Furthermore, the operator has to copy the data stored in the mass storage of the control device at regular intervals. The trader shall store the data copied by the driver cards and the mass storage means, taking into account the principles of the sentence 12, one year from the date of copying. The operator shall have the records referred to in Article 14 (2) of Regulation (EEC) No 3821/85 and the provisions of Article 16 (2), second sentence, of Regulation (EEC) No 3821/85 and Article 2 (3) (1) and (2) of the Ordinance on the Driving Personality Regulation To keep printouts one year after the expiry of the notification requirement laid down in Article 15 (7) of Regulation (EEC) No 3821/85. Thereafter, until 31 March of the calendar year following the calendar year in which the retention period ends, the data shall be deleted and the records and the records referred to in Article 16 (2), second sentence, of Regulation (EEC) No 3821/85 and Article 2 (3), first sentence, shall be deleted. 2 and 2 of the provisions of the Ordinance on Driving Personality, insofar as they are not intended to fulfil the obligations of retention in accordance with Section 16 (2) and Article 21a (7) of the Working Time Act, Section 147 (1) (5) in conjunction with Section 3 of the Rules of the Tax Code and § 28f (1) sentence 1 of the Fourth Book of the Social Code are required. The contractor shall ensure that complete documentation of driving times and rest periods is ensured and that the data and the records and the records referred to in the second sentence of Article 16 (2) of Regulation (EEC) No 3821/85 and Article 2 (3) are guaranteed. Set 1 and 2 of the Ordinance on the Driving Personality of the Regulation against loss and damage. It shall make available to the members of the crew, on request, a copy of the data copied from their driver card. Article 10 (2) of Regulation (EC) No 561/2006 shall remain unaffected. In the case of remote data transmission, the relevant state-of-the-art measures must be taken in order to ensure data protection and data security, in particular the confidentiality, integrity and accountability of the data. , in the case of the use of generally accessible networks, appropriate encryption methods shall be applied to the state of the art. (4) The information provided by the Commission may refuse to answer any such questions, the answer to which shall be: He himself or one of the cases referred to in § 383 (1) (1) to (3) of the Code of Civil Procedure (5) During the working and working time, the officers of the supervisory authorities shall, in so far as this is the case, be subject to the following conditions: It is necessary to carry out its tasks, to enter and visit the land, operating facilities, premises and means of transport. Entering and inspecting outside of this period or when the operating facilities or premises are located in an apartment shall be admissible without consent only for the prevention of urgent threats to public security and order. The fundamental right of inviolability of the apartment (Article 13 of the Basic Law) is restricted to this extent. To the extent that this is necessary for the performance of the tasks of the officers of the supervisory authorities, examinations and examinations may be carried out and the inspection may be carried out in the form of business documents of the party responsible for providing information. The measures referred to in sentences 1, 2 and 4 shall be condoned by the undertakings to be monitored and their employees, including the drivers. (6) (7) Competent authority within the meaning of Article 4 of the Annex to the AETR and Articles 7 and 12 (2) and (3) of Regulation (EEC) No 3821/85 is the Federal Office of the Federal Republic of Germany (Kraftfahrt-Bundesamt Unofficial table of contents

Section 4a

Applications for the issue of driver, workshop or company cards shall be addressed to the authorities or bodies responsible under national law. The countries may entrust third parties with this task. Unofficial table of contents

§ 4b Travel authorisation-related information

By means of retrieval in the automated procedure, the data stored in the Central Driving Licence Register may be the data stored in accordance with § 49 (1) No. 1 to 3, 5 to 11 and 15 of the driving licence regulation for measures related to the issue and control of Driver cards referred to in Regulation (EEC) No 3821/85 shall be transmitted to the competent national authorities and to a Member State of the European Union or to a State Party to the Agreement on the European Economic Area. Unofficial table of contents

Section 4c Information from the tachograph register

(1) The data for measures relating to the issue and control of driver cards in accordance with Regulation (EEC) may be collected from the tachograph register by means of retrieval in the automated procedure. 3821/85 shall be sent to the competent authorities and bodies within the territory of a Member State of the European Union in a State Party to the Agreement on the European Economic Area and in Switzerland. (2) The competent authorities of the Member States shall: Authorities and bodies may have the right to use the information stored in accordance with § 12 of the German Retrieve data in automated procedures to the extent that the knowledge of such data is necessary for measures relating to the issue and control of driver cards pursuant to Regulation (EEC) No 3821/85. The data may only be used for these purposes. The data shall be deleted as far as they are no longer necessary for the performance of the tasks. (3) The body responsible for the tachograph register shall ensure that the transmission of the data shall be at least by appropriate sampling procedures can be detected and checked. Unofficial table of contents

§ 5 Rules of Procedure, security measures, refusal on the border

(1) In the event of a check on request, no evidence of professional activity or non-compliant activity shall be submitted or it shall be established that prescribed breaks in the driving time are not inserted or that the maximum permissible day-to-day driving time , the competent authorities may prohibit the continuation of the journey until the conditions for further travel have been fulfilled by the competent authorities. Evidence of activity or control equipment resulting from or with which he was committed may be collected for the purposes of securing evidence; the driver's card may not be withdrawn during the period of validity or validity of the card unless it is determined that the card has been falsified, the driver uses a card whose owner he is not, or the issuing of the card on the basis of false statements or fake documents (2) In the case of international traffic, motor vehicles which are not in a Member States of the European Union or any other State Party to the Agreement on the European Economic Area are authorised to enter and enter the territory of the Federal Republic of Germany, in the cases referred to in paragraph 1, to the external borders of the Member States of the European Union. (3) remedies against orders under paragraphs 1 and 2 as well as for the enforcement of the obligations laid down in § 4 (3) sentence 1 and (5) do not have suspensive effect. Unofficial table of contents

§ 6 General administrative provisions

The Federal Ministry of Transport and Digital Infrastructure may, in agreement with the Federal Ministry of Labour and Social Affairs, with the approval of the Federal Council for the implementation of the provisions referred to in § 2 or based on § 2 of the German Federal Ministry of Labour and Social Affairs , in particular concerning the granting of a warning (§ § 56, 58 (2) of the Law on Administrative Offences) for an administrative offence pursuant to § 8 and in which cases such a warning is not granted . Unofficial table of contents

§ 7 Security performance

If an ordered security service is not provided immediately, the competent authority may prohibit the continuation of the journey until the complete provision is made. Unofficial table of contents

§ 8 Penal provisions

(1) Contrary to the law, those who intentionally or negligently act

1.

as entrepreneurs

a)

a legal regulation pursuant to § 2 (2) (b) or (3) or a enforceable order is contrary to such a decree, in so far as the legal regulation refers to this fine for a certain amount of the offence,

b)

a provision of Regulation (EC) No 2135/98, Regulation (EEC) No 3821/85, Regulation (EU) No 165/2014 or AETR, to the extent that a legal regulation pursuant to Article 2 (1) (e) or (2) (e) of Regulation (EC) No 2135/98 the fact that it refers to this fine,

c)

Contrary to § 3, sentence 1, a member of the crew is paid according to the distance travelled or the quantity of goods transported,

d)

Contrary to § 4 (3) sentence 1, no information is provided, not correct, not complete or not in good time, or whether or not a document is handed out in good time, does not or does not send in due time, or does not or does not provide timely information on the is made available,

e)

does not store data referred to in paragraph 4 (3) of this Regulation, either correctly or not for the prescribed period,

f)

Contrary to Article 4 (3), sentence 7, a record or phrase shall not be kept for the prescribed period or not,

g)

does not delete or delete data in time contrary to § 4 (3) sentence 8, or does not destroy a record sheet or an expression in time, or does not destroy it in time;

h)

Contrary to § 4 (3) sentence 9, it is not necessary to ensure that a complete documentation or data protection takes place,

i)

shall not tolerate a measure contrary to Article 4 (5) sentence 5; or

j)

an enforceable arrangement in accordance with § 5 (1) sentence 1 or § 7

2.

as driver

a)

a legal regulation pursuant to § 2 (2) (b) or (3) or a enforceable order is contrary to such a decree, in so far as the legal regulation refers to this fine for a certain amount of the offence,

b)

a provision of Regulation (EC) No 2135/98, Regulation (EEC) No 3821/85, Regulation (EU) No 165/2014 or AETR, to the extent that a legal regulation pursuant to Article 2 (1) (e) or (2) (e) of Regulation (EC) No 2135/98 the fact that it refers to this fine,

c)

Contrary to § 4 (3) sentence 1, information is not provided, is not correct, is not provided in full or not in good time, or does not hand out a document,

d)

Contrary to Section 4 (3) sentence 2, proof of activity is not or is not handed out in good time,

e)

, contrary to § 4 (3) sentence 4, the driver card shall not be made available for copying or not in time,

f)

shall not tolerate a measure contrary to Article 4 (5) sentence 5; or

g)

an enforceable arrangement in accordance with § 5 (1) sentence 1 or § 7, or

3.

as a vehicle owner, contrary to § 4 (3) sentence 1, do not provide an information, not correct, not complete or not in good time, or not or not handed over a document in good time, not or not sent in time or not, or not or not be made available in good time or

4.

as a workshop owner or installer

a)

a legal regulation pursuant to § 2 (2) (b) or (3) (c) or a enforceable order shall be contrary to such a decree, in so far as the legal regulation for a particular event is subject to this fine. , or

b)

a provision of Regulation (EEC) No 3821/85, of Regulation (EU) No 165/2014 or of the AETR, to the extent that a legal regulation pursuant to Article 2 (1) (e) or (2) (e) for a certain amount of the provisions of the provisions of this Regulation points.

(2) In the cases referred to in paragraph 1 (1) and (3), the administrative offence may be punishable by a fine of up to thirty thousand euros, in the other cases with a fine of up to five thousand euros. (3) (omitted) (4) In the cases referred to in paragraph 1 Point 1 (b), (2) (b) and (4) (b) may be punishable by an infringement of the AETR even if the administrative offence has not been committed within the scope of that law. Unofficial table of contents

§ 8a Bußmonetary provisions

(1) Contrary to the provisions of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Regulations (EEC) No 3821/85 and (EC) No 2135/98 of the Council and repealing Council Regulation (EEC) No 3820/85 (OJ No L 302, 15.10.1998, p. 1). EU No 1), as last amended by Regulation (EC) No 1073/2009 (OJ L 145, 31.5.2009, p. 88), by deliberately or negligently:

1.

a conductor or co-driver who has not reached the minimum age referred to in Article 5,

2.

does not ensure that the driving time referred to in the first sentence of Article 6 (1), (2) or (3), the driving interruption referred to in the first sentence of Article 7, or the rest periods referred to in Article 8 (2), first sentence, (4) to (7), are complied with by the driver;

3.

contrary to Article 16 (2), first sentence, in conjunction with paragraph 3 (a) (1), a road map or a work schedule shall not be drawn up correctly or not fully, or

4.

, contrary to Article 16 (3) (c), a working timetable shall not be kept for at least one year.

(2) The person who acts in breach of Regulation (EC) No 561/2006 as a driver intentionally or negligently acts as a driver of the offence.

1.

a driving period referred to in the first sentence of Article 6 (1), (2) or (3), the interruption of the journey referred to in Article 7 (1), or a rest period or rest period referred to in the first sentence of Article 8 (2), (4), (5), (6), first sentence or (7), or (7),

2.

Contrary to Article 6 (5), other work or on-call time shall not be held, not properly or not in the prescribed manner,

3.

contrary to the second sentence of Article 12, the nature or reason of a derogation shall not, not properly, be recorded in the prescribed manner or not in time, or

4.

, contrary to Article 16 (2), second subparagraph, an extract on the working timetable or a copy of the scheduled timetable shall not be carried out.

(3) In breach of the law, an operator, a shipper, a carrier, a tour operator or a driver's agent, is contractually agreed and does not ensure that this transport schedule does not comply with a transport schedule referred to in paragraph 2 (1) of the Treaty. (4) In the cases referred to in paragraphs 1 and 3, the administrative offence may be punishable by a fine of up to thirty thousand euros, and in the other cases with a fine of up to five thousand euros. (5) In the cases referred to in paragraph 1 and 2 may be punished even if it is not in the the scope of this law has been committed. Unofficial table of contents

§ 9 Responsibility for the prosecution and prosecution of administrative offences

(1) Where a breach is committed in a company which has its registered office or business establishment within the scope of this Act, only the managing authority in whose district the commercial establishment or the business entity is responsible shall be responsible for the operation of the business. The head office of the company is located at which the person concerned is active. § § 38 and 39 of the Code of Administrative Offences shall apply mutagentily. Where, in accordance with the provisions of the first sentence or the second sentence, an administrative authority is responsible which is not also responsible for the control of the provisions of this law on the premises, that administrative authority shall inform the administrative authority of the provisions governing the checks of the provisions (2) If a breach is committed in a company which has neither its registered office nor a business establishment within the scope of the law, and has no business premises, it shall be the person concerned is not resident within the scope of the law, Managing authority within the meaning of Section 36 (1) (1) of the Law on Administrative Offences the Federal Office for Goods Transport. (3) (omitted) (4) (omitted) Unofficial table of contents

§ 10 Data protection provisions

(1) The competent authorities in accordance with § 9 for the conduct of fines procedures may have the following personal data concerning current and completed fine fines for the purposes of the provisions of § 8 (1) and the Save, modify and use these rules to the extent that this is necessary for the performance of their duties or for the purposes of assessing the reliability of the undertaking in which the person concerned is employed:

1.

the name, address, date of birth and place of birth of the person concerned, name and address of the undertaking,

2.

the time and place of the observance of the regularity of the order;

3.

the legal characteristics of the lack of regularity,

4.

Fine with the date of its adoption and the date of the entry of its legal force; and

5.

the amount of the fine and

6.

the date of the warning or of the opening of the warning.

2. The authorities referred to in paragraph 1 shall forward the data referred to in paragraph 1 for the purposes referred to therein.

1.

to public authorities where the data are required for the decision on access to the occupation of road haulier and road passenger transport operator,

2.

at the request of the courts and the authorities which, in relation to the duties under this Act, are the managing authority pursuant to Section 36 (1) (1) of the Code of Administrative Offences, or

3.

in the cases referred to in the third sentence of Article 9 (1), the administrative authorities responsible for carrying out checks on the provisions of this law on the premises of the establishment.

(2a) The authorities referred to in paragraph 1 shall have infringements which give rise to doubt as to the reliability of the entreprenter and the persons appointed for the purpose of carrying out road transport operations, the undertaking and the person responsible for the undertaking. in accordance with Section 3 (7) of the Freight Transport Act or the approval authority pursuant to Section 11 (1) of the Passenger Transport Act. In order to identify repeated cases, they have to merge the infringements of the members of the same undertaking. (3) A transmission shall not be made, insofar as this would prejudice the interests of the person concerned, and not the public interest outweighs the confidentiality interests of the person concerned. (4) The recipient may process or use the data transmitted in accordance with paragraph 2 only for the purpose for which it is transmitted to him. (5) shall be deemed to be incorrect, the addressee shall be immediately responsible for (6) The data stored in accordance with paragraphs 1 and 2 shall be deleted two years after the entry into force of the fine of the fine. If the fine has not yet been paid or has not been paid in full two years after the legal force of the fine, the data stored in accordance with paragraphs 1 and 2 shall be deleted only at the time of the period of enforcement of the enforcement order. If the person concerned has been warned in writing or if the procedure has been terminated, the data shall be deleted two years after the warning has been issued. (7) § 15 (1) in conjunction with Section 14 (2) (6) and (7) of the Federal Data Protection Act as well as the corresponding provisions of the Land Data Protection Act shall remain unaffected. Unofficial table of contents

§ 11

(Entry into force)