Law on the carriage of goods by road (GüKG)

Unofficial table of contents

GüKG

Date of completion: 22.06.1998

Full quote:

" Freight Transport Act of 22 June 1998 (BGBl. 1485), as last amended by Article 8a of the Law of 28 August 2013 (BGBl). 3313). "

Status:

Last amended by Art. 8a G v. 28.8.2013 I 3313

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.7.1998 + + +) 

  

The G was referred to as Article 1 (d). G v. 22.6.1998 I 1485 approved by the Bundestag with the consent of the Bundesrat. It's gem. Article 9 (3), first sentence, of the said G, in accordance with the provisions of Art. 9 Nos. 1 and 2 mWv 1.7.1998 entered into force. Unofficial table of contents

Content Summary

1.	Section
	General provisions
	§ 1	Definitions
	§ 2	Exceptions
2.	Section
	Industrial road haulage
	§ 3	Authorisation
	§ 4	Information to the Professional Cooperative
	§ 5	Licence and Community licence
	§ 6	Cross-border freight transport by non-residents
	§ 7	Carry-over and suspension obligations in the commercial road haulage sector
	§ 7a	Liability insurance
	§ 7b	Use of properly employed drivers
	§ 7c	Responsibility of the contracting authority
	§ 7d	(dropped)
	§ 8	Provisional continuation of road haulage operations
3.	Section
	Work Transport
	§ 9	Freedom of permission and insurance
4.	Section
	Federal Office of Goods Transport
	§ 10	Organization
	§ 11	Tasks
	§ 12	Powers
	§ 13	Continuation of the onward journey
	§ 14	Market observation
	§ 14a	Implementation of state aid procedures
	Section 14b	Implementation of procedures under Regulation (EU) No 1214/2011
	§ 15	Data file on commercial road haulage companies and commercial passenger transport by bus and coach (transport enterprise file)
	Section 15a	Work File File
	§ 16	File on Completed Fine
	§ 17	National Contact Point and European Information Exchange
	§ 17a	Responsibility for the implementation of international traffic law
5.	Section
	Monitoring, Penal rules
	§ 18	Border controls
	§ 19	Fines
	§ 20	Powers of the Federal Office in the prosecution of infringements
	Section 21	Responsibilities for the sanctification of infringements
	Section 21a	Supervision
6.	Section
	Fees and expenses, appropriations
	Section 22	Fees and expenses
	Section 23	Appropriations for the adoption of implementing rules

Section 1
General provisions

Unofficial table of contents

§ 1 Definitions

(1) The carriage of goods by road is the carriage of goods by road or by road, including trailers, which have a maximum permissible laden weight of 3.5 tonnes. (2) Works transport is road haulage for its own purposes of a company, if the following conditions are met:

1.

The goods transported must be the property of the company or sold, bought, rented, rented, manufactured, produced, obtained, edited, or repaired.

2.

The transport must serve the delivery of the goods to the company, their dispatch from the company, their shipment within or-for their own use-outside the company.

3.

The motor vehicles used for the carriage must be managed by the company's own staff or by staff made available to the undertaking in the context of a contractual obligation.

4.

Carriage may only constitute an ancillary activity within the framework of the undertaking's activities as a whole.

(3) The provisions relating to the movement of work shall also be subject to the carriage of goods by commercial agents, commercial agents and commissioners, to the extent that:

1.

whose business activity relates to these goods,

2.

the conditions laid down in paragraph 2 (2) to (4) are met

3.

a motor vehicle is used whose payload, including the payload of a trailer, must not exceed 4 tonnes.

(4) The carriage of goods by road, which does not constitute a movement within the meaning of paragraphs 2 and 3, shall be commercial road haulage. Unofficial table of contents

§ 2 Exceptions

(1) The provisions of this Act shall not apply to:

1.

the occasional, non-commercial carriage of goods by associations for their members or for non-profit purposes;

2.

the carriage of goods by bodies, institutions and foundations of public law in the context of their public duties;

3.

the transport of damaged or repaired vehicles for reasons of road safety or for the purpose of repatriation;

4.

the carriage of goods when carrying out transport services which are carried out in accordance with the law on passenger transport in the version of the notice of 8 August 1990 (BGBl I). 1690), as amended in each case,

5.

the carriage of drugs, medical equipment and equipment and other goods intended for assistance in urgent emergencies;

6.

the carriage of milk and milk products for others between agricultural holdings, milk collection centres and dairies by agricultural operators within the meaning of the Law on the Protection of Retirement Age of the farmers of 29 July 1994 (BGBl. 1890), as amended,

7.

common transport of agricultural and forestry products or products used in agricultural and forestry holdings

a)

for its own purposes,

b)

for other holdings of this type

aa)

in the context of neighbourhood assistance, or

bb)

in the framework of a machinery ring or comparable economic concentration, provided that the carriage is within a radius of 75 kilometres in the air line around the regular location of the motor vehicle, the place of residence or the seat of the holder within the meaning of Section 6 (4) (1) of the Vehicle Registration Regulation shall be carried out with tractors or special vehicles which, in accordance with Section 3 (7) of the Motor Vehicle Tax Act, as amended by the Notice of 26 September 2002 (BGBl. 3818), which are exempt from motor vehicle tax,

8.

the carriage of equipment for its own purpose, as part of the commercial exercise, and

9.

the carriage of postal items within the scope of universal service by postal service providers in accordance with Article 1 (1) of the Universal Service Regulation.

Where, in the case of transport operations referred to in paragraph 1 (7), vehicles not exempted from the vehicle tax are used, the carrier shall ensure that an accompanying document or other proof is carried during the carriage, in which the transport document is carried out. the goods transported, the place of loading and unloading as well as the agricultural and forestry operations for which the transport is carried out. The crew must carry the accompanying document or the other proof in accordance with the first sentence during the transport and shall, on request, hand out or otherwise make it accessible to persons entitled to control on request. (2) § 14 shall remain unaffected.

Section 2
Industrial road haulage

Unofficial table of contents

§ 3 The requirement for authorisation

(1) The commercial carriage of goods by road is subject to a licence, unless otherwise provided by the directly applicable European Community law. (2) The licence shall be granted to an entrepre whose company has its registered office in Germany. the duration of up to ten years shall be granted if the duration of the period referred to in Article 3 (1) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 December 2009 is less than 10 years old. October 2009 laying down common rules for the authorisation of the occupation of road transport operator and repealing Directive 96 /26/EC (OJ L 327, 28.12.1996, p. 51) provides for the pursuit of the profession of road transport operator. A permit whose validity period has expired shall be granted for an unlimited period of time if the contractor continues to fulfil the conditions of access to the profession. (3) The holder of the permission shall, on request, receive as many as possible Permits, such as other vehicles and the financial capacity required for this purpose, as amended by Regulation (EC) No 1071/2009, shall be available in the relevant version. Capital and reserves, on the basis of which certified copies of the Community licence are provided for in Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 December 2009. October 2009 on common rules for access to the international road haulage market (OJ L 327, 22.12.2009, p. 72), as amended, cannot be taken into account again in the procedure for the granting of permission and permission to do so. If, after the issuing of copies, the permit of the vehicle fleet is not only temporarily reduced, the company has to return to the competent authority over-the-counter copies. (4) permission may be granted for a limited period of time, subject to conditions or conditions. (5) A permit shall be withdrawn if: it is subsequently known that permission should have been refused. A permit shall be revoked if there are any facts which should have resulted in the failure to do so. The financial authorities may inform the competent authorities according to national law that the trader has repeatedly failed to comply with the tax obligations imposed on him or that an affidavit in accordance with § 284 of the (5a) In good time before the decision on the granting, withdrawal or revocation of the permit and of permission copies, the competent authority according to the country's law shall give the Federal Office for Goods Transport, the involved associations of the transport industry, the trade union and the competent Chamber of Industry and Commerce of the European Parliament for an opinion. Prior to the decision to grant, withdraw or revoke a permit, the competent authority under national law may not. (5b) Justify the assumption that the trader or the transport manager is responsible for the Where the conditions for the reliability referred to in Article 6 of Regulation (EC) No 1071/2009 are not fulfilled, the operator or the transport manager may be prohibited from carrying out road haulage operations. The cancellation proceedings against these persons may be continued independently of the course of a procedure for revocation of the permit. At the request of the trader or the transport manager, the management of road haulage operations shall be allowed again if the facts justify the assumption that there is no longer any unreliability within the meaning of the sentence 1. Before the end of a year following the stock of the order for submission, the resumption may only be permitted if there are special reasons for this. In good time before the decision on the maintenance of the management of road haulage transactions with regard to the operator or the transport manager, the authority responsible under national law shall give the Federal Office of Goods Transport the opportunity to Opinion. (6) The Federal Ministry of Transport, Building and Urban Development is authorized, with the consent of the Federal Council, to adopt, by means of a legal regulation, provisions to be adopted by which:

1.

the requirements for the conditions of access to the profession in order to ensure a high level of access are determined; and

2.

a)

the procedure for the granting, withdrawal and revocation of the permit and the issuing and confiscation of the authorisations, including the holding of hearings,

b)

the form and content, in particular the period of validity of the permit and of the copies,

c)

the procedure for the entry of substantial changes after the granting of the permit and the copies;

3.

the conditions for the issuance of additional certified copies in accordance with Regulation (EC) No 1071/2009, as amended, and

4.

the conditions for the withdrawal and revocation of the decision on the issuing of certified copies in accordance with Article 12 (1) of Regulation (EC) No 1072/2009, as amended

(7) The authorities responsible under national law shall execute this Act, Regulations (EC) No 1071/2009 and (EC) No 1072/2009 and the Regulations based on this Act, unless otherwise specified. The competent authority is the authority within the jurisdiction of which the undertaking has its establishment within the meaning of Article 5 of Regulation (EC) No 1071/2009. Insofar as there is no establishment, jurisdiction shall be determined by the place of residence of the person concerned. Unofficial table of contents

Section 4 Information of the professional association

The competent authority of the competent professional association shall immediately inform the competent professional association of the granting of the permit. The obligation to notify the entreptite pursuant to § 192 of the Seventh Book of the Social Code remains unaffected. Unofficial table of contents

§ 5 A permit and a Community licence

The Community licence referred to in Articles 3 and 4 of Regulation (EC) No 1072/2009 shall be deemed to be a licence in accordance with Article 3 for entrepreneurs whose registered office is situated in the territory of the country, unless it relates to a carriage between the territory of the country and a Member State which: is not a member of the European Union or of other States Parties to the Agreement on the European Economic Area, or Switzerland. Sentence 1 shall not apply to holders of Community licences from the Republic of Croatia. Unofficial table of contents

Section 6 Cross-border freight transport by non-residents

An entreponator whose business is not domiced in the country shall be exempted from the requirement to obtain a permit pursuant to § 3 for the international carriage of goods by road, provided that he is the holder of the necessary authorization. Permissions are the

1.

Community licence,

2.

Approval under the Resolution of the Council of the European Conference of Transport Ministers (CEMT resolution) of 14 June 1973 (BGBl. 298) in accordance with the Regulation on the international carriage of goods by road and cabotage (GüKGrKabotageV) of 28 December 2011 (BGBl. 2012 I p. 42), as amended,

3.

CEMT-relocation permit,

4.

Swiss licence for the commercial carriage of goods by road under the Agreement between the European Community and the Swiss Confederation on the carriage of goods and passengers by rail and by road of 21 June 1999 (OJ L 136, 31.7.1999, p. 91), as amended, or

5.

Third country authorisation.

Unofficial table of contents

§ 7 Obligations of participation and suspension in the commercial road haulage sector

(1) The contractor shall ensure that the following documents and documents are carried out during the entire journey for the carriage of goods within the territory of the country for which permission is required in accordance with § 3 or an entitlement in accordance with § 6:

1.

the permit or a permit, a certified copy of the Community licence or the Swiss licence, a CEMT authorisation, a CEMT transfer permit or a third country authorisation,

2.

the proof required for the vehicle used for the performance of certain technical, safety and environmental requirements;

3.

an accompanying document, or any other evidence indicating the goods transported, the place of loading and unloading and the contracting authority.

The documents or documents referred to in points 1 and 2 of the first sentence may not be welded in foil or, in a similar manner, covered with a protective layer. In the case of cabotage operations within the meaning of Article 8 of Regulation (EC) No 1072/2009, the trader who has neither a registered office nor an establishment in Germany shall ensure that evidence within the meaning of the second subparagraph of Article 8 (3) of Regulation (EC) No 1072/2009 is concerned with: (EC) No 1072/2009 for the international carriage and each cabotage transport carried out during the transport period. (2) The staff must have the necessary authorization and the evidence referred to in paragraph 1. during the journey and on request for inspection to hand. The accompanying document or the other proof referred to in the first sentence of paragraph 1, point 3, may be made available in other appropriate ways, instead of by handing out the document. Foreign driving personnel must also carry the passport or other document entitling them to cross the border and hand them out for inspection at their request. Long-term resident persons within the meaning of Council Directive 2003 /109/EC of 25 November 2003 on the status of third-country nationals who are long-term residents (OJ L 327, 22.12.2003, p. 44), they also have the long-term residence permit (EC) to be carried out and to hand out those entitled to control on request. (3) (omitted) Unofficial table of contents

§ 7a Liability insurance

(1) The entrepre shall be obliged to conclude and maintain a liability insurance which shall be subject to statutory liability for damage caused by goods and delays in accordance with the fourth section of the Fourth Book of the Commercial Code during Transport operations in which the place of loading and unloading is located in the country of the country, insured. (2) The minimum amount of insurance is EUR 600 000 per event of damage. The agreement of a maximum annual turnover, which may not be less than two times the minimum amount of insurance, and a deductible shall be permitted. (3) The following claims may be exempted from the insurance:

1.

claims for damages intentionally committed by the entreprent or his representative,

2.

Claims for damages caused by natural disasters, nuclear energy, war, war-like events, civil war, internal unrest, strike, lockout, terrorist acts of violence, orders of high hand, removal or seizure on the part of a government-recognized power,

3.

Claims arising from freight contracts relating to the transport of precious metals, jewels, precious stones, means of payment, valores, securities, postage stamps, documents and documents.

(4) The contractor shall ensure that, during transport, proof of a valid liability insurance, which meets the requirements of paragraph 1, is carried. The staff must carry this proof of insurance during transport and hand them out for inspection on request. (5) (to be taken away) Unofficial table of contents

Section 7b Use of properly employed drivers

(1) An entreprenter whose business is domicated in the territory of the country may, in the case of domestic journeys in the carriage of goods by road, be a member of a State which is not a member of the European Union, of any other Contracting State of the Convention on the European Economic Area is still a Swiss national, only if it is in possession of a residence permit in accordance with Article 4 (3) of the Residence Act, a residence permit or a Duldung which is in possession of a residence permit or a residence permit, which is not Exercise of employment, or need not be required (Section 4 (3) sentence) 3 of the Residence Act) or in the possession of a valid driver attestation, issued by a domestic authority, in accordance with Article 5 of Regulation (EC) No 1072/2009. The entreptist has to ensure that foreign drivers

1.

the passport, the passport set or the identity card, and

2.

the residence permit required under Article 4 (3) of the Residence Act, the residency or the exercise entitling them to take up employment,

. The residence permit may, for the purposes of this Act, be replaced by a valid driver attestation issued by a domestic authority in accordance with Article 5 of Regulation (EC) No 1072/2009. (2) The staff shall be required to submit the documents referred to in paragraph 1. The driver attestation referred to in Article 5 of Regulation (EC) No 1072/2009 shall be issued by the competent authority in accordance with the law of the country. Unofficial table of contents

§ 7c Responsibility of the contracting authority

Those who have entered into a contract of carriage or a contract of forwarding with a company for a purpose which is to be attributed to their commercial or self-employed professional activity shall not be allowed to carry out benefits under this contract, if he knows or negligently does not know that the entrepre

1.

is not the holder of a permit pursuant to § 3 or an entitlement pursuant to § 6 or a Community licence, or the permission, authorization or license is used inadmissibly,

2.

in the case of the carriage, use mobile personnel who do not fulfil the conditions laid down in the first sentence of section 7b (1), or for which he does not have a driver attestation in accordance with Articles 3 and 5 of Regulation (EC) No 1072/2009,

3.

use a carrier or freight forwarder or allow such action to be carried out by a carrier or carrier, who shall be responsible for the transport operations provided that:

a)

Point 1

b)

Point 2

.

The validity of a contract concluded for this purpose shall not be affected by a breach of sentence 1. Unofficial table of contents

§ 7d

(dropped) Unofficial table of contents

Section 8 Preliminary onward continuation of road haulage operations

(1) After the death of the entrepre, the heir may provisionally carry on the carriage of goods by road. The same shall apply to the executor of the executor, the estate manager or the estate manager during the execution of the wills, the administration of the estate or the administration of the estate. (2) The power referred to in paragraph 1 shall be granted if the heir does not comply within three months of the date of The expiry of the period laid down for the expiry of the succession, or one of the persons referred to in the second sentence of paragraph 1, has been requested within three months from the date of the adoption of its office or of the appointment of the person concerned. A friction run, which has become effective in the person of the heir, also acts against the administrator of the estate. The period may be extended once for a period of three months on request. (3) In the event of the entreprity or incapacity for business of the operator or the transport manager, a third party subject to the conditions laid down in Articles 6 and 8 of the Regulation (EC) No 1071/2009 have yet been established to continue the carriage of goods by road for up to six months after the determination of the incapacity for acquisition or insolvency. The time limit may be extended once for three months on request.

Section 3
Work Transport

Unofficial table of contents

§ 9 Freedom of permission and insurance

The work traffic is allowed free of permission. There is no insurance obligation.

Section 4
Federal Office of Goods Transport

Unofficial table of contents

§ 10 Organisation

(1) The Federal Office of Goods Transport (Bundesamt für Güterverkehr) is an independent federal authority in the division of the Federal Ministry of Transport, Building and Urban Development. It is headed by the President. (2) The structure of the Federal Office is regulated by the Federal Ministry of Transport, Building and Urban Development. Unofficial table of contents

§ 11 Tasks

(1) The Federal Office shall carry out administrative tasks of the Federal Government in the field of transport, which are assigned to it by this Act, by other federal laws or by virtue of these laws. (2) The Federal Office shall ensure that the Federal Office of the Federal Republic of Germany shall ensure that:

1.

Domestic and foreign industrial road haulage companies and all other parties to the contract of carriage comply with the obligations under this Act and the legislation based on them,

2.

the provisions relating to the movement of work are complied with,

3.

the legislation on

a)

the employment and activities of driving personnel on motor vehicles, including the rules on residence, employment and social insurance legislation,

b)

the permissible dimensions and the permissible axle loads and the overall weights of motor vehicles and trailers,

c)

the containers used in the international carriage of goods by road pursuant to Article VI (1) of the International Convention on Safe Containers (CSC), as amended by the Notice of 2 August 1985 (BGBl. 1009), as amended by the Law Decree pursuant to Article 2 of the Consent Act,

d)

the charges for the holding or use of vehicles for the carriage of goods by road and for the use of roads,

e)

(dropped)

f)

the transport of dangerous goods by road,

g)

the means of transport in accordance with the provisions of the Convention on International Transport of Easily Perishable Foodstuffs and on the special means of transport to be used for such promotions (ATP), of 1 September 1970 (BGBl. 1974 II p. 566), as amended by the Law Decree pursuant to Article 2 of the Consent Act,

h)

the nature, labelling and use of means of transport and transport containers for the carriage of foodstuffs and products of wine law,

i)

the carrying out of a licence for the carriage of weapons of war under the War Weapons Control Act as amended by the Notice of 22 November 1990 (BGBl. 2506), as amended,

j)

the transport of waste with vehicles used for the carriage of goods by road,

k)

the permissible values for noise and pollutants in the exhaust gas from motor vehicles used for the carriage of goods,

l)

the cargo,

m)

pursuant to Article 4 (1), in conjunction with Annex I (10) of Directive 2000 /30/EC of the European Parliament and of the Council of 6 June 2000 on the technical roadside inspection of commercial vehicles in the Community on road transport (OJ L 327 EC No 1) on the technical requirements for motor vehicles used for the carriage of goods,

n)

The requirement for authorisation and identification in driving motor vehicles for road freight transport,

o)

the ban on Sundays and public holidays, as well as the holiday travel regulations and

p)

the carrying out of a permit, a certificate of competence or a transfer licence in accordance with the Explosives Act

(3) In the cases referred to in paragraph 2 (3) (d), the Federal Office shall, without a request, have the competent financial authorities responsible for the security of the (4) General administrative provisions relating to the tasks referred to in paragraph 2 (3) (j) and (k) shall be adopted by the Federal Government with the consent of the Federal Council. Unofficial table of contents

§ 12 Powers

(1) Insofar as this is necessary for the performance of the tasks according to § 11 para. 2, the Federal Office may, in particular on roads, on car kilns and at petrol stations, carry out surveillance measures by means of random checks. To this end, its authorised representative may stop motor vehicles for the carriage of goods, determine the identity of the crew by checking the identity documents carried out and require that the vehicle registration documents, the Driving licence of the driver and the certificates, allowances or certificates to be carried out in accordance with this law or other legislation in the case of journeys in the carriage of goods by road shall be handed out for consideration. As far as necessary, the staff of the Federal Office shall, in accordance with the best knowledge and conscience, provide the Federal Office with the necessary information to the Federal Office for the purposes of carrying out the monitoring task without delay, and shall have available tools available to the staff. , to allow access to the vehicle and to provide ancillary services. The obligation laid down in the third sentence does not exist, in so far as their performance for the crew or any of the relatives referred to in § 383 (1) (1) to (3) of the Code of Civil Procedure is liable to prosecute for an offence or of an offence of regularity (2) In order to monitor legislation relating to employment and the activities of driving personnel on motor vehicles, representatives of the Federal Office may, at the request of a country, also stop buses and coaches. (3) The driver has the To follow the signs and instructions of the Federal Office of the Federal Office without thereby (4) In so far as this is necessary for the performance of the tasks pursuant to § 11 (2) Nos. 1 and 2 and point 3 (d) (legislation on charges for the use of roads), agents of the Federal Office of Owners and Owners of Motor Vehicles for the Promotion of Goods and All Parties involved in the Carriage of Goods and All Carriage by Goods Carried

1.

Enter land and business premises within the usual business and working hours, as well as

2.

Inspect all business documents and data carriers, in particular records, freight letters and documents relating to the use of the vehicle, and make copies, excerpts, printouts and copies of such documents or electronically stored data on their own Transfer media.

The persons referred to in the first sentence shall be allowed to take these measures. (5) The persons referred to in paragraph 4 and acting for them shall have all the representatives of the Federal Office at the request of the Federal Office for the purpose of carrying out the supervision pursuant to Article 11 (2) (1) and (2) of the Regulation. as well as point 3 (d) (legislation on charges for the use of roads)

1.

to provide information,

2.

to provide evidence and

3.

to provide tools and provide assistance services.

(6) In the exercise of the powers referred to in paragraphs 1 and 2, the Federal Office shall establish, in the exercise of the powers referred to in paragraphs 1 and 2, facts justifying the adoption of any infringement of

1.

§ § 142, 263, 266a, 267, 268, 269, 273, 281, 315c or § 316 of the Penal Code,

2.

§ § 21, 22 or 22b of the Road Traffic Act,

2a.

§ § 10, 10a or § 11 of the Schwarzarbeitscombat Act,

2b.

Section 404 (2) (3) and (4) of the Third Book of the Social Code,

2c.

(dropped)

3.

Section 24 of the Road Traffic Act, which is usually punishable by fines of at least sixty euros in accordance with the provisions of Article 26a of the German Road Traffic Act (§ 26a of the German Road Traffic Act),

4.

§ 24a or § 24c of the Road Traffic Act,

5.

Section 18 (1) (3) (a) or (3) (2) (a) of the Animal Welds Act, or

6.

Section 69 (1) (8) and (2) (14) of the Circular Economic Law,

where the Federal Office is not an administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences, it shall transmit such findings to the competent authorities. In the event of the monitoring referred to in paragraphs 4 and 5, the same shall apply to serious infringements of the legislation referred to in Article 11 (2) (3). The right to display criminal offences or offences remains unaffected. (7) Follow up advertising measures, published advertisements or offers without indication of name and address, and in the aforementioned cases there are indications of unauthorised disclosure of the information. Road haulage or the invitation to do so, the Federal Office or the competent authorities pursuant to § 21a of the Office may provide information on the name and address of the contracting authority from the person who published the advertising measures, the advertisements or the offer. require. Unofficial table of contents

Section 13 Subsaation of the onward journey

(1) The Federal Office may prohibit the continuation of the journey, insofar as this is necessary for the performance of the tasks assigned to it pursuant to Section 11 (2) (1) or (3). (2) If the documents referred to in Article 7b (1) sentence 2 or the documents referred to in Article 3 are to be and 5 of Regulation (EC) No 1072/2009 shall not be accompanied by the original driver attestation or shall not be handed out for examination on request, the Federal Office and other persons entitled to control may be entitled to the Continue the journey until such time as these documents are submitted. The Federal Office as well as other persons entitled to control may also prohibit the continuation of the journey if:

1.

a permit according to § 3 or an entitlement under § 6 is not carried out or is not handed out for examination or

2.

a security service ordered pursuant to § 46 (1) of the Law on Administrative Offences in conjunction with Section 132 (1) No. 1 of the Code of Criminal Procedure is not provided or is not fully provided.

(3) The objection and the action taken against the suspension of the continuation pursuant to paragraphs 1 and 2 shall not have suspensive effect. Unofficial table of contents

§ 14 Market observation

(1) The Federal Office of the Federal Republic of Germany observes and evaluates the development of market activities in the transport sector (market monitoring). Market monitoring includes rail, road and inland waterway transport, air transport and logistics. With market monitoring, developments in the transport and logistics market are to be identified at an early stage. There is no obligation to provide information. (2) The Federal Office shall report to the Federal Ministry for Transport, Building and Urban Development on the respective state of development of market events and the foreseeable future development. It prepares data from the administrative execution and prepares or supervises short-and medium-term forecasts for the carriage of goods and passengers. (3) To fulfil the tasks referred to in paragraphs 1 and 2, the Federal Office of Statistics (Bundesamt) shall be allowed to the Federal Office of Motor Transport and the Statistical Offices of the Länder from the economic statistics carried out by these countries, in particular transport statistics, shall be provided with summary details, provided that they do not draw any conclusions on a particular (4) The Federal Office of the Federal Office of the Federal Republic of Germany Personal data obtained from the market may only be stored and used for the purposes of market monitoring. They are to be deleted as soon as they are no longer required for these purposes. Unofficial table of contents

Section 14a Implementation of state aid procedures

The Federal Office of the Federal Republic of Germany is responsible for the implementation of federal state aid programmes

1.

Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid (OJ L 393, 30.12.2006, p. EU No L 379 p. 5) and

2.

Section 8 of Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring the compatibility of certain categories of aid with the common market in application of Articles 87 and 88 of the EC Treaty (general Group Exemption Regulation) (OJ L 327, 28. EU No 3).

The competence of the Federal Office in accordance with the first sentence shall cover all tasks relating to the granting of the aid. Unofficial table of contents

Section 14b Implementation of procedures in accordance with Regulation (EU) No 1214/2011

(1) The Federal Office of Goods Transport shall be responsible for the tasks referred to in Articles 4, 11, 12, 21 and 22 of Regulation (EU) No 1214/2011 of the European Parliament and of the Council of 16 November 2011 on the professional cross-border trade Road transport of euro cash between euro area Member States (OJ C 327, 28.4.2004, p. 1). (2) In the control of compliance with the provisions of Article 21, § 12 (4), (5) and (6) sentence 1 (1) to (4) and (2) and (3) shall apply accordingly; in the case of the prosecution of infringements, § 20 shall apply accordingly. Unofficial table of contents

Section 15 File on commercial road haulage companies and commercial passenger transport by bus and coach (transport enterprise file)

(1) The Federal Office shall carry out the transport company file on all domestic commercial road haulage and commercial passenger transport undertakings, in order to be able to determine directly which of the undertakings concerned, Rights (permission in accordance with § 3, Community licence pursuant to Article 4 of Regulation (EC) No 1072/2009, CEMT approval, CEMT transfer authorisation, bilateral authorisation for cross-border commercial road transport, Community licence) pursuant to Article 4 of Regulation (EC) No 1073/2009 of the European Parliament Parliament and 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) and authorisations under the Passenger Transport Act (Passenger Transport Act) for the carriage of passengers by bus and coach on scheduled services or occasional services). According to the provisions of paragraph 7, the transport company file must contain a generally accessible part by means of a legal regulation in accordance with paragraph 7. (2) The competent authority in accordance with the law of the country shall immediately transmit to the Federal Office the following information: by means of a legal regulation in accordance with paragraph 7, or data to be stored by means of a change in data transmission. (3) In the case of the Federal Office, there is evidence that data transmitted to him are no longer correct, shall be communicated it shall do so with the competent State authority. This information can be requested by the contractor and informs the Federal Office. The operator is obliged to provide information in accordance with sentence 2. (4) The Federal Office may use the data stored in the transport company file for the

1.

issuing CEMT authorisations and bilateral permits for the international carriage of goods by road,

2.

Responding to requests from the authorities responsible for issuing the authorisation to transport weapons of war, in accordance with the applicant's reliability, in accordance with the Law on the Control of War Weapons, as amended by the Notice of 22 November 1990 (BGBl. 2506), as amended,

3.

Completion of the tasks assigned to it in accordance with the law to ensure the transport in the version of the notice of 8. October 1968 (BGBl. 1082), as amended, as well as by the Law on the Safety of Transport Services of 23 July 2004 (BGBl. 1865), in the current version,

4.

monitoring compliance with the obligations applicable to transport operators, including the prosecution and prosecution of infringements;

5.

Implementation of state aid procedures within the meaning of section 14a and

6.

To respond to requests from the issuing authorities and the competent public authorities in a Member State of the European Union for the purpose of verifying compliance with the conditions of access to the profession of goods and services; and Road passenger transport operator

(5) The Federal Office shall be entitled to use the transport company file as a selection basis for the implementation of business statistics in the commercial carriage of goods by road. and market monitoring in accordance with § 14. (6) The data stored in the transport company file shall be deleted if it is no longer required for the tasks referred to in paragraphs 1, 4 and 5, but not later than two years after the enterprise has ceased operations. (7) The Federal Ministry of Transport, Building and Urban development is empowered to regulate the details of the management of the transport company file by means of a regulation with the consent of the Federal Council, in particular the following details:

1.

the data to be stored in the transport company file, including information on the identification of the undertakings, the holders, the shareholders entitled to business and representation, the legal representatives and the transport manager,

2.

to publish the generally accessible part of the file,

3.

on the procedure for the transmission of data to and from the Federal Office,

4.

on access rights and the procedure for issuing information,

5.

Responsibility for the contents of the transport company file and data maintenance as well as

6.

The technical and organizational measures required in accordance with § 9 of the German Federal Data Protection Act.

Unofficial table of contents

§ 15a Work-traffic file

(1) The Federal Office shall carry out a file on all companies established in the territory of the Federal Republic of Germany who carry out work on lorries, trains (lorries and trailers) and semitrailer vehicles with a maximum permissible gross laden weight exceeding 3,5 tonnes, in order to: (2) any trader who operates a movement within the meaning of paragraph 1 shall be obliged to take his undertaking before the start of the first carriage of the goods. The Federal Office of the Federal Republic of Germany (Bundesamt) has to register (3) To provide the following information and to prove, on request, the following information:

1.

the name, legal form and object of the undertaking;

2.

Address and telephone and fax numbers of the registered office,

3.

Name and surname of the owners, members of the managing directors and representatives of the legal representatives, and the legal representatives,

4.

number of lorries, trains (lorries and trailers) and semitrailer vehicles, the maximum permissible laden weight of which exceeds 3,5 tonnes, and

5.

Addresses of the branches.

(4) The Federal Office may provide the information referred to in paragraph 3.

1.

on the preparation of transport policy decisions by the competent authorities,

2.

to monitor compliance with the obligations applicable to works operators, including the prosecution and prosecution of infringements,

3.

as a selection basis for company surveys in the context of market monitoring in accordance with § 14 as well as for the implementation of business statistics in the work transport sector,

4.

for the implementation of state aid procedures within the meaning of section 14a and

5.

in order to carry out the tasks assigned to it in accordance with the law to ensure transport and the law to ensure the provision of transport services,

(5) If the information referred to in paragraph 3 is changed, the trader shall inform the Federal Office of this immediately and to prove it upon request. (6) The person shall be informed of the information provided by the Federal Office of the (7) The data stored in accordance with paragraph 3 shall be deleted if they are no longer required for the tasks referred to in paragraph 4. at the latest, however, one year after the entrepre has signed off with the Federal Office. Unofficial table of contents

Section 16 File on fined fine procedures

(1) The Federal Office may, for the purpose of prosecuting and punditing further administrative offences of the same person concerned and for the purpose of assessing the reliability of the entrepre and the transport manager, the following personal data concerning: The administrative authority within the meaning of Section 36 (1) (1) of the Law on Administrative Offences is to store and modify files in files:

1.

Birth name, surname, first name, sex, date of birth, place of birth, state of birth and nationality of the person concerned, his position in the company and the name and address of the company,

2.

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

3.

the legal characteristics of the administrative offence and the rules on fines applied,

4.

Fine with the date of its adoption and the date of the entry of the legal force, court decisions in fine matters with the date of the decision and the date of the entry of their legal force, as well as the decisive body in each case. together with the business number or file number and

5.

the amount of the fine.

The Federal Office may use this data in so far as it is necessary for the purposes set out in the first sentence. (2) For the purpose of preparing and carrying out the monitoring in accordance with § 12 (4) and (5), as well as the assessment of the reliability of the entrepre and the The head of transport shall be subject to the provisions of paragraph 1, in accordance with the provisions of the fine-fines procedure, in respect of infringements in accordance with § 19, which have been committed in a company established in Germany. Pursuant to Section 36 (1) (1) of the Code of Administrative Offences, the competent administrative authorities shall inform the Federal Office of the data referred to in the first sentence of the first sentence of paragraph 1. (3) The Federal Office shall have a serious infringement of the The person concerned and other members of the undertaking concerned and the competent authority of the Member State in which they are competent shall communicate to the undertaking and to the competent authority of the country where there is reason to do so, the reliability of the entrepre or the transport manager. to doubt. In order to establish such repeated cases, it shall bring together the infringements of the members of the same undertaking. (4) The Federal Office shall transmit the data referred to in the first sentence of paragraph 1

1.

in the case of domestic and foreign public authorities, where this is necessary for the decision on access to the occupation of road haulier and passenger transport operator,

1a.

in the case of non-compliance with the provisions on the prevention of illegal employment and social security provisions, to the Federal Employment Agency, the main offices, the catchment bodies and the institution of the pension insurance scheme, and the aliens authorities, to the extent necessary for the preparation and conduct of further investigations, in particular of operational controls,

2.

at the request of the courts and the authorities which, in respect of the duties referred to in Article 11, are the managing authority pursuant to Section 36 (1) (1) of the Code of Administrative Offences to the extent that this requires the prosecution and prosecution of administrative offences. is.

(5) The transfer to foreign public bodies pursuant to paragraph 4 (1) does not apply to the extent to which there is reason to believe that it would be in breach of the purpose of a German law. It also fails to respect the interests of the person concerned that are worthy of protection, in particular where an adequate standard of data protection is not guaranteed in the recipient country. The foreign public authority must point out that it may use the data transmitted in accordance with paragraph 4 (1) only for the purpose for which it was transmitted. (6) A transfer to national public authorities shall not apply to the extent to which the information provided by the public authorities is subject to the the legitimate interest of the person concerned in the exclusion of the transmission outweighs the public interest in the transmission. The national public authority may process or use the data transmitted in accordance with paragraph 4 only for the purpose for which it has been transmitted. (7) Data transmitted shall be deemed to be incorrect, the addressee shall be immediately responsible for: (8) The Federal Office shall have the data stored in accordance with the first sentence of paragraph 1 two years after the entry into force of the legal force of the fine or the judicial authority decision to delete if during this period no further entries in the sense of the , the first sentence of paragraph 1 of paragraph 1 has been added. They shall be deleted no later than five years after their storage. Unofficial table of contents

Section 17 National Contact Point and European Information Exchange

(1) The Federal Office shall be the national contact point referred to in Article 18 (1) of Regulation (EC) No 1071 /2009. (2) The Federal Office shall, as the national contact point, conduct data on serious infringements of Community rules in the case referred to in Article 6 (1). Areas referred to in point (b) of Regulation (EC) No 1071/2009, which have been committed in a freight or passenger transport undertaking established in another Member State of the European Union, to the national contact point of the European Union Member State of establishment. For this purpose, public prosecutors and administrative authorities within the meaning of Section 36 (1) (1) of the Code of Administrative Offences shall transmit to the Federal Office after the legal force of the judicial decision or the fine of the fine of the fine is reached. information required, including personal data. The Federal Office shall forward communications from the Member State of establishment concerning the measures referred to in Article 12 (1) of Regulation (EC) No 1072/2009 and Article 22 (1) of Regulation (EC) on the occasion of the breach of the breach. (3) The Federal Office, as the national contact point, shall forward communications from other Member States of the European Union to serious infringements of Community rules as referred to in Article 6 of the Treaty. Areas referred to in paragraph 1 (b) of Regulation (EC) No 1071/2009: have been committed in a domestic or passenger transport undertaking established in the country, and shall continue to do so on the basis of their own responsibility to the competent authority responsible for the distribution of such goods. The Federal Office shall direct communications from the competent State authority on the measures referred to in Article 12 (1) of Regulation (EC) No 1072/2009 and of Article 22 (1) of Regulation (EC) No 1072/2009 on the occasion of the breach. 1073/2009 to the national contact point of the participating Member State of the European Union. (4) The Federal Office shall, as the national contact point of the Office, initiate decisions of final decision by the competent authorities of the competent authorities of the Member States of the European Union. Authorities of other Member States of the European Union, by means of which a particular Person under the conditions laid down in Article 6 (2) and Article 14 of Regulation (EC) No 1071/2009 shall be prohibited from conducting road transport operations for non-reliability purposes, to national contact points of other Member States of the European Union further. The Federal Office shall forward to the requesting State authority replies received from other Member States of the European Union in this context. (5) The Federal Office shall, as the national contact point, issue the national contact points of others. Member States of the European Union, on request, information on persons to whom a German authority, in accordance with Article 3 (5b) or Article 25a of the German Passenger Transport Act, prohibits the management of road transport operations for unreliability. , as far as the decision on access to the profession of goods and Road passenger transport operator is required. The Federal Office shall immediately inform the Federal Office of the competent authority of the competent authority responsible for a submission to the first sentence; the Federal Office may store the identification data for the purposes set out in the first sentence. If the personal exercise of commercial transactions is permitted again or if the subsaation becomes subject to any other reason, the competent authority shall immediately inform the Federal Office of the latter that the identification data is deleted immediately. (6) The data transmission between the participating national authorities and the Federal Office shall be carried out by means of the remote data transmission. In this context, measures to ensure data protection and data security are to be taken in accordance with the respective state of the art, which in particular ensure the confidentiality and integrity of the data; in the case of use in general (7) The content of the information required for the purposes of paragraphs 2 to 5, and the details of the communication between the two networks, shall be subject to the following conditions: National authorities and the Federal Office, including the provisions on the The structure of the data sets and the data structure rules implementing regulations, which are enacted and amended by the Federal Office with the approval of the Federal Ministry of Transport, Building and Urban Development. Unofficial table of contents

§ 17a Responsibility for the implementation of international traffic law

The Federal Ministry of Transport, Building and Urban Development is authorized to designate the Federal Office as the body responsible for the Federal Republic of Germany by means of a decree-law with the consent of the Federal Council, to the extent that such a provision applies to: in the field of transport for the purpose of implementing acts of the European Union or of an international agreement.

Section 5
Monitoring, Penal rules

Unofficial table of contents

Section 18 Border controls

The authorities responsible for checking at the border shall have the right to refuse motor vehicles if the documents required under this Act, the co-management of which is required, are not submitted in spite of a request. Unofficial table of contents

Section 19 Penal rules

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

1.

Contrary to the first sentence of Article 2 (1) (1), it does not ensure that an accompanying document or other proof is carried on,

1a.

, contrary to the second sentence of Article 2 (1a), the accompanying document or proof of proof does not accompany, does not or does not give or does not make available in good time, or does not make it accessible in time,

1b.

operates without permission pursuant to Article 3 (1) of the commercial carriage of goods by road,

1c.

a fully-fledgable edition in accordance with Article 3 (4);

2.

a legal regulation pursuant to Section 3 (6) (2) (c), (3) or (4) or (3) (3) sentence 1 or (5) or of a enforceable order shall be contrary to such a decree, in so far as the legal regulation for a given the fact that it refers to this fine,

3.

shall not ensure that a document referred to in that sentence or a document referred to therein is carried on, contrary to the first sentence of Article 7 (1) or the third sentence of paragraph 1,

4.

Contrary to the second sentence of Article 7 (1), a document referred to in that sentence, or a document referred to therein, or a protective layer is covered by the document,

5.

against

a)

Section 7 (2), first sentence, or

b)

Section 7 (2) sentence 3 or sentence 4

a document referred to in that document, a document referred to therein, a passport, a document entitles the holder to cross the border, or a long-term residence permit-EC does not carry on, or does not, or does not hand out in good time,

6.

(dropped)

6a.

Contrary to Section 7a (4) sentence 1, it is not ensured that a proof of that kind is carried on there,

6b.

Contrary to § 7a (4) sentence 2, proof of insurance is not carried out or is not handed out in good time or not,

6c.

Contrary to the first sentence of Article 7b (1), a national of a State referred to in that sentence shall be employed as

6d.

the second sentence of Section 7b (1) does not ensure that the foreign driving personnel carry on a document referred to therein,

6e.

, contrary to Section 7b (2), a document referred to there is not carried out or not, or is not handed out in good time,

7.

, contrary to § 12 (1) sentence 3 or 5 sentence 1 no. 1, § 15 para. 3 sentence 3 or § 21a (3) sentence 1, an information is not issued, not correct, not complete or not in good time,

8.

Contrary to Article 12 (3), a sign or a instruction is not followed,

9.

Contrary to § 12 (4) sentence 2 or § 21a (2) sentence 2, a measure is not permitted,

10.

Contrary to § 12 (5) sentence 1 no. 2 or § 21a (3) sentence 1, proof is not provided, not correct, not complete or not provided in good time,

11.

, contrary to § 12 (5) sentence 1 no. 3 or § 21a (3) sentence 1, an aid does not or does not provide in time or does not provide ancillary services in time, or does not provide timely assistance

12.

of a fully-fledgable subsac pursuant to Article 13 (1) or (2);

12a.

Contrary to § 15a (2) and (3), the company does not report, not correctly, in full or in time,

12b.

Contrary to Section 15a (3), the information on request does not, not correct, not fully or not in time,

12c.

contrary to Section 15a (5) amendments, not correct, not fully or not in good time,

12d.

contrary to § 15a (5) amendments, not correct, not complete or not in good time, or

12e.

Contrary to Section 15a (6), his company does not sign off in time.

(1a) Administrative offences are

1.

contrary to Article 7c, sentence 1, point 1 or 3 (a), or

2.

contrary to Article 7c, first sentence, point 2 or point 3 (b)

(2) acting in breach of Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 June 2009 on the implementation of Regulation (EC) No 1072/2009 of the European Parliament and of the Council of October 2009 on common rules for access to the international road haulage market (OJ L 327, 22.12.2009, p. 72), by intentionally or negligently

1.

operates without a Community licence pursuant to Article 3 of the international carriage of goods by road,

2.

the driver ' s certificate shall not be made available to the driver or not in good time, contrary to the first sentence of Article 5 (6)

3.

in breach of Article 5 (6), third sentence, the driver attestation does not show or show in good time

(2a) Administrative offences are those who, intentionally or negligently, in cabotage transport pursuant to Article 8 of Regulation (EC) No 1072/2009

1.

before the first cabotage transport operation, does not carry out a cross-border carriage from a Member State of the European Union or a third country,

2.

carry out cabotage transport prior to the last discharge of the delivery imported into Germany,

3.

is carrying out more than three cabotage operations following international transport operations,

4.

does not use the same vehicle for all cabotage operations or, in the case of combinations of vehicles, does not use the motor vehicle of the same vehicle for all cabotage operations,

5.

it carries out cabotage transport later than seven days after the last discharge of the imported delivery,

6.

After carrying out more than two cabotage operations in one or more other Member States after unladen entry, carry out cabotage transport operations in Germany,

7.

carrying out more than one cabotage transport operation after carrying out a cross-border transport to a Member State and unladen entry into Germany; or

8.

No cabotage transport will be completed within three days following an unladen entrance to Germany.

(3) The person who acts as a driver, who is a national of a third country, intentionally or negligently carries out a cabotage transport pursuant to Article 8 of Regulation (EC) No 1072/2009 without having to carry the driver attestation. (4) Irregular or intentional or negligent act

1.

in the case of international carriage of goods by road, a driver for which a driver attestation has not been issued in accordance with Article 5 (2) of Regulation (EC) No 1072/2009,

2.

the cabotage referred to in Article 8 (1) of Regulation (EC) No 1072/2009, without the holder of a Community licence referred to in Article 4 of Regulation (EC) No 1072/2009, or

3.

in cabotage operations referred to in Article 8 (1) of Regulation (EC) No 1072/2009, a driver for which a driver attestation has not been issued in accordance with Article 5 (2) of Regulation (EC) No 1072/2009.

(5) Administrative offences are those who are opposed to Regulation (EU) No 1214/2011 of the European Parliament and of the Council of 16 November 2011 on the professional cross-border transport of euro cash by road between Member States of the European Parliament and of the Council of 16 November 2011 on the Euro area (OJ C 1), by intentionally or negligently

1.

shall carry out cross-border transport of money without a licence referred to in Article 4 (1),

2.

, contrary to the provisions of Article 4 (3), second sentence, an original or a certified copy of a valid licence shall not be presented in due time,

3.

does not possess a necessary weapons permit, contrary to the first sentence of Article 6 (4), or

4.

the banknotes referred to in Article 10 do not, or are not immediately withdrawn from circulation, in accordance with Article 10.

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

1.

shall, as the person responsible for a licensed undertaking, use security personnel which do not comply with a requirement referred to in the first subparagraph of Article 5 (1) or (2), first sentence, of Regulation (EU) No 1214/2011,

2.

as the person responsible for a licensed undertaking, a vehicle which does not comply with a requirement laid down in Article 7 (1), (2), (3) or (4), first sentence, of Regulation (EU) No 1214/2011, or

3.

shall carry out a transport in an option not referred to in the first sentence of Article 13 (1) of Regulation (EU) No 1214/2011.

(7) In the cases referred to in paragraph 1 (6c), (1a) (2) and (4) (3) and (3), the administrative offence may be subject to a fine of up to two hundred thousand euros, in the cases referred to in paragraphs 5 and 6, with a fine of up to one hundred thousand euros, in the cases referred to in paragraph 1 (2) and (6). the cases referred to in paragraph 1 (1) (1b), (12), (1a) (1), (2) (1) and (4) (2) with a fine of up to 20 000 euro and, in the other cases, a fine of up to five thousand euro. They may be punished on the basis of and in accordance with international agreements, even if they are committed in the area of common border handling facilities outside the territorial scope of this law. Unofficial table of contents

§ 20 Powers of the Federal Office in the prosecution of infringements

(1) In carrying out the monitoring tasks in accordance with § 11, the Federal Office and its authorized representatives shall investigate and pursue infringements of the statutory provisions. In this respect, the officers of the Federal Office shall have the rights and obligations of officers of the police execution service in accordance with the provisions of the Code of Criminal Procedure and in accordance with the Law on Administrative Offences. § 163 of the Code of Criminal Procedure and § 53 of the Code of Administrative Offences shall remain unaffected. (1a) In the cases referred to in the first sentence of paragraph 1, the agents of the Federal Office shall, in the event of danger in the case of danger, have the right to order security benefits in accordance with § (2) In the cases referred to in the first sentence of paragraph 1, the Federal Office and its agents may also be entitled to the warning pursuant to Section 56 of the Code of Administrative Offences. Law on Administrative Offences. Section 57 (1) of the Act on Administrative Offences shall apply mutagenly. Unofficial table of contents

Section 21 Responding to the act of sanctification of infringements

(1) If an infringement is committed in a company that has its registered office in Germany, the administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences shall be the authority designated by the provincial government. The State Government may transfer the authorization to the competent supreme authority. (2) If an infringement is committed in a company that has its registered office abroad, the administrative authority shall be the authority within the meaning of section 36 (1) (1) of the Act (3) By way of derogation from paragraph 1, the Federal Office of the Administrative Authority shall be the administrative authority within the meaning of Section 36 (1) (1) of the Act on Administrative Offences pursuant to Section 19 (1) (5) (b), (6c), 6d, 6e, paragraph 1a, 2, points 2, 3 and 4, point 1, which are located in a company which has its registered office. in Germany. (4) § 405 of the Third Book of the Social Code remains unaffected. Unofficial table of contents

§ 21a Supervision

(1) The trader of the commercial carriage of goods and all parties to the contract of carriage shall be subject to the supervision of the competent authority in accordance with national law, on account of the fulfilment of the statutory provisions. (2) To the extent that this is necessary for the implementation of The tasks referred to in paragraph 1 may be carried out by the officers of the supervisory authorities to the owners and owners of vehicles for the carriage of goods and to all the goods carried in the carriage or on the commercial transactions Take the following actions:

1.

enter land and business premises within the usual operating and business hours, as well as

2.

the required documents and data carriers, in particular records, consignment notes and documents relating to the use of the vehicle, and the documents, excerpts, printouts and copies of the documents, or electronically stored data on their own Transfer media.

The persons referred to in the first sentence shall allow those measures to be taken. (3) The persons referred to in paragraph 2 shall, at the request of the officers of the supervisory authorities, provide all the information necessary for the supervision of the supervisory authorities, proof of compliance with the provisions of the to provide assistance and to provide assistance services. § 12 (1) sentences 3 and 4 shall apply accordingly.

6.
Fees and expenses, appropriations

Unofficial table of contents

Section 22 Fees and charges

(1) For official acts in accordance with this Act, in accordance with the legislation based on this Act, by European Community legislation and by international agreements and by these additional national legislation The Federal Ministry of Transport, Building and Urban Development is authorized to collect fees and expenses in accordance with the provisions of the Administrative Cost Act in the version valid up to 14 August 2013 and the legal regulation referred to in paragraph 2. (2) in agreement with the Federal Ministry of Finance and the Federal Ministry of Finance for the economy and technology by means of a legal regulation with the consent of the Federal Council, to determine the charged facts and the fees in accordance with fixed rates or as framework fees. In the area of fees of the state authorities, the Federal Ministry of Transport, Building and Urban Development exercises the authorization pursuant to sentence 1 on the basis of a request or an opinion of at least five countries at the Federal Ministry for Transport, construction and urban development. The application or the opinion shall be justified by an estimate of the staff and material costs. The Federal Ministry of Transport, Building and Urban Development can also request the other countries to provide an estimate of the personnel and material costs. (3) Information according to § 19 of the German Federal Data Protection Act shall be provided free of charge. Unofficial table of contents

Section 23 Appropriations for the adoption of implementing rules

(1) The Federal Government, with the consent of the Bundesrat, shall adopt the general administrative provisions necessary for the implementation of acts of the European Union, of this law and of the legal regulations based on this law (2) The Federal Ministry of Transport, Building and Urban Development is authorized, with the consent of the Federal Council, by means of a decree law other than transport cases referred to in § 2 (1), in whole or in part, of the provisions of this Act to the extent that their subposition under this law is (3) The Federal Ministry of Transport, Building and Urban Development is authorized to take part in the international carriage of goods by road, transit and cabotage transport (national road transport by road) business operators established in another country), including the movement of work to the order of these services and the implementation of international agreements and acts of the European Union relating to the carriage of goods by road, (a) the adoption of a legal order by means of

1.

access to the occupation of road haulage operator and to the market for the carriage of goods by road, in particular the conditions for granting, withdrawal and revocation of authorisations, the adoption of secondary provisions, the associated procedure , including the conduct of hearings and the handling of significant changes after the granting of authorisations, as well as the conditions for use of vehicles,

1a.

the conditions for the granting, withdrawal and withdrawal of driver attestations, the adoption of secondary provisions, the associated procedure, including the holding of hearings and the handling of substantial changes, the issuing of driver attestations, the conditions for the use of driving personnel and the monitoring of the conditions of distribution;

2.

for entrepreneurs whose undertakings have their registered office in a State which is not a member of the European Union or of any other State Party to the Agreement on the European Economic Area, access to the market for the carriage of goods by road and to the Conditions governing the implementation of the carriage of goods by road shall be governed by the provisions of this Act and the temporary or permanent exclusion from the carriage of goods by road shall be provided for, if repeated or serious, against the territory of the country shall be in breach of existing rules

3.

provisions to ensure reciprocity or a level playing field, in particular on the granting of authorisations, the conditions for granting and repealing a permit, the supervision and the the procedure, introduced and

4.

the obligation to submit documents relating to the monitoring of market events.

Legal regulations according to points 1 to 3 require the approval of the Federal Council. (4) The Federal Ministry of Transport, Building and Urban Development may, by way of derogation from the legal regulations adopted pursuant to paragraph 3, within the framework of international law Governmental and administrative agreements Transport cases, in whole or in part, from the obligation to permit cross-border commercial road haulage with countries outside the European Union and the European Economic Area , to the extent that it proves to be disproportionate. Similarly, the Federal Ministry of Transport, Building and Urban Development may conclude agreements with a neighbouring state, with the exception of the place of loading and unloading in the neighbouring state, by means of the transport of the traffic in the neighbouring state, except for the requirement to grant permission in accordance with § 3 (1). (5) The Federal Ministry of Transport, Building and Urban Development is authorized, with the approval of the Federal Council, with the consent of the Federal Council, in the field of cross-border combined transport to the order of this traffic and for the implementation of international agreements as well as regulations, decisions and directives of the Council of the European Union and of the Commission of the European Communities to adopt rules to:

1.

the existence of cross-border combined transport, including the identification of the nearest appropriate station, and the obligation to carry out and carry out documents which demonstrate the fulfilment of the the conditions of access to the profession and the implementation of combined transport,

1a.

Special features, in particular facilitation of authorisation, are provided;

2.

provisions to ensure reciprocity or a level playing field between Member States.

Unofficial table of contents

§ § 24 and 25 (omitted)