Goods Road Transport Law

Original Language Title: Güterkraftverkehrsgesetz

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

Freight Transport Act (GüKG)

Non-official table of contents

GüKG

Date of issue: 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 June 2003. August 2013 (BGBl. I p. 3313) "

:Last modified by Art. 8a G v. 28.8.2013 I 3313

For details, see 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 this G, in accordance with the conditions laid down in Art. 9 Nos. 1 and 2 mWv 1.7.1998 entered into force. unofficial table of contents

content overview

1. Section
General Rules
§ 1Definitions
§ 2 Exceptions
2.section
Commercial road freight traffic
§ 3 Peruperation
§ 4Professional Cooperative Information
§ 5permission and community license
§ 6Cross-border freight transport by non-residents
§ 7 Mitleadership and payout obligations in commercial road freight transport
§ 7a liability insurance
§ 7bThe use of properly employed Drivers
§ 7cResponsibility of the client
§ 7d(omitted)
§ 8 Preliminary continuation of the road haulage business
3.section
Werkverkehr
§ 9 Permission and insurance freedom
4.section
Bundesamt für Güterverkehr
§ 10 Organization
§ 11Tasks
 § 12powers
§ 13 Underpass for onward journey
§ 14Market observation
§ 14aImplementation of state aid procedures
§ 14bProcedure in accordance with Regulation (EU) No. 1214/2011
§ 15 File on commercial road haulage company and commercial passenger transport company with bus and coach transport (traffic enterprise file)
§ 15aWerkverkehrs_file
§ 16 File on Fined Bug Money Procedure
§ 17National Contact Point and European Exchange of information
§ 17aResponsibility for implementation of international law Traffic Right
5.Section
Surveillance, BußMoney rules
§ 18Border Controls
§ 19BußMoney Rules
§ 20Powers of the Federal Office in the Persecution of infringements
§ 21 Responding to Infringement Responsibilities
§ 21a Supervision
6.Section
Charges and Charges, Authorizations
§ 22Fees and Offers
§ 23Commitments to enact implementing

1. Section
General rules

Non-official table of contents

§ 1 Definitions

(1) Freighter transport is the Carriage of goods by motor vehicles, including trailers, which have a maximum permissible laden weight of less than 3,5 tonnes, including trailers.(2) Works traffic is road haulage for one's own purposes, provided 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 be the delivery of the goods to the company, their dispatch from the company, their shipment inside or-for their own use-outside the
3.
The motor vehicles used for the carriage must be managed by the company's own staff or by personnel who are responsible for the transport of vehicles. In the event of a contract being made available to companies within the framework of a contractual obligation.
4.
The carriage may only be an ancillary activity within the framework of the entire activity of the Company.
(3) The provisions relating to the movement of work are also subject to the carriage of goods by commercial agents, commercial agents and commissioners, to the extent
1.
whose business activity is related to these goods
2.
the requirements of paragraph 2 (2) to (4) are available and
3.
a motor vehicle is used, the
() Road haulage, which does not constitute work transport within the meaning of paragraphs 2 and 3, is commercial road haulage. Non-official table of contents

§ 2 Exceptions

(1) The provisions of this law do not apply to
1.
the occasional, non-professional carriage of goods by clubs for their members or for charitable purposes,
2.
the carriage of goods by corporations, institutions and foundations of public law in the context of their public Tasks,
3.
The carriage of damaged or repairing vehicles for reasons of road safety or for return,
4.
the carriage of goods in the execution of transport services, according to the Passenger Transport Act, as amended by the 8. August 1990 (BGBl. 1690), as amended,
5.
the transport of medicines, medical equipment and equipment, as well as to other assistance in the field of transport, urgent emergency situations,
6.
the carriage of milk and milk products for others between agricultural holdings, milk collection centres and Dairies by agricultural entrepreneurs within the meaning of the Law on the Pensions of the Farmers of 29. July 1994 (BGBl. 1890), as amended,
7.
The customary transport of agricultural and forestry supplies in agricultural and forestry holdings, or Products
a)
for your own purposes,
b)
for other operations of this type
aa)
in Framework of neighbourhood assistance or
bb)
within the framework of a machine ring or comparable economic concentration, provided that the carriage is within a circle 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 Article 6 (4) (1) of the Vehicle Registration Regulation with tractors or special vehicles , pursuant to Article 3 (7) of the Motor Vehicle Tax Act, as amended by the 26. September 2002 (BGBl. 3818), exempted from the tax on motor
,
8.
the carriage of equipment for its own use in the context of the commercial exercise Purpose 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 Post-universal service regulation.
(1a) If vehicles are not exempted from the vehicle tax on promotions referred to in paragraph 1 (7), the carrier shall ensure that, during transport, an accompanying document, or other proof shall be carried out in which the goods transported, the place of loading and unloading, and the agricultural and forestry operations for which the transport is carried out, are indicated. The crew must carry the accompanying document or the other proof referred to in the first sentence during the journey and shall, on request, hand out or otherwise make available to the persons entitled to control the inspection.(2) § 14 remains unaffected.

2. Section
Commercial Road Freight Transport

Non-official table of contents

§ 3 Authorisation Requirement

(1) The Commercial Road haulage is subject to a licence, unless otherwise provided by the directly applicable European Community law.(2) Permission shall be granted to an entrepre whose company has its registered office in the territory of the country for a period of up to ten years if he is the person referred to in Article 3 (1) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 December 2009. 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, 30.12.1996, p. 51) provides for the pursuit of the profession of road transport operator. A permit whose validity period has expired shall be granted in an open-ended manner if the trader continues to fulfil the conditions of access to the profession.(3) The holder of the authorisation shall, on request, receive, in addition to the permit, so many licences, such as other vehicles and the financial capacity required for that purpose, in accordance with Regulation (EC) No 1071/2009, in the respectively applicable Version available. 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 in the procedure for the granting of permission and permission to do so. If, after the issuing of copies of the permit, the vehicle fleet is not only temporarily reduced, the company has to return a superfluous basis to the competent authority. If the undertaking definitively sets up the holding, it shall immediately return the permit and all the copies.(4) The permit may be granted for a limited period, under conditions or with conditions.(5) A permit shall be withdrawn if it is subsequently known that the 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 he/she has an affidavit in accordance with § 284 of the Tax Code has been issued.(5a) In good time before the decision on the granting, withdrawal or revocation of the permit and of permission copies, the competent authority in accordance with State Law shall give the Federal Office for Goods Transport, the participating associations of the Transport industry, the trade union and the competent Chamber of Industry and Commerce are the opportunity to comment. Prior to the decision to issue, withdraw or revoke a certificate of authorisation, the competent authority of the State of the country may not be able to take this decision.(5b) In the case of a case, the assumption that the trader or the transport manager does not meet the requirements for the reliability referred to in Article 6 of Regulation (EC) No 1071/2009 may be that of the operator or the transport manager. The management of road haulage operations is prohibited. 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 an unreliability in the sense of sentence 1 is no longer available. Before the end of a year after the stock of the submission of the order, 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 comment.(6) The Federal Ministry of Transport, Building and Urban Development is authorized, with the consent of the Federal Council, to enact regulations by means of a legal regulation, by means of which
1.
the requirements for the job entry requirements to ensure a high level are further determined and
2.
a)
the procedure for granting, the Withdrawal and revocation of the permit and the granting and confiscation of the permission copies, including the holding of hearings,
b)
Form and content, , in particular the period of validity of the permit and the copies,
c)
the procedure for the entry of substantial changes after the granting of the permit and the Copies,
3.
the requirements for the issuance of additional certified copies in accordance with Regulation (EC) No 1071/2009, in the respective applicable Version as well as
4.
the conditions for the withdrawal and revocation of the decision on the issuing of certified copies in accordance with Article 12 (1) of the 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 local authority is the authority within the competence 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. Non-official table of contents

§ 4 Information of the professional association

The competent authority in accordance with the law of the country has the competent authority. To inform the professional association without delay 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. Non-official table of contents

§ 5 Authorisation and Community licence

The Community licence referred to in Articles 3 and 4 of Regulation (EC) No 1072/2009 applies to entrepreneurs whose registered offices are located in the territory of the country, as a permit in accordance with § 3, unless it is a movement between the territory of the country and a State which is not a member of the European Union or of other Contracting States. of the Agreement on the European Economic Area, or Switzerland. Sentence 1 shall not apply to holders of Community licences from the Republic of Croatia. Non-official table of contents

§ 6 Cross-border carriage of goods by non-residents

An entreprent whose company does not have a seat in the For the international carriage of goods by road, inland, it is exempted from the requirement of authorisation in accordance with § 3, provided that it is the holder of the necessary authorization. Permissions are the
1.
Community license,
2.
Approval on the basis of 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 transport (GüKGrKabotageV) of 28 June 2002. December 2011 (BGBl. 2012 I p. 42) in the version currently in force,
3.
CEMT relocation approval,
4.
Swiss licence for commercial road haulage under the Agreement between the European Community and the Swiss Confederation on the Goods and Goods Passenger transport by rail and by road from 21. 13 June 1999 (OJ L 327, 91), as amended, or
5.
Third State Approval.
A non-official table of contents

§ 7 Co-leadership and duty to carry out commercial road haulage services.

(1) The entreprent has to ensure that goods transport in the country, for which a permit pursuant to § 3 or an entitlement according to § 6 is required, during the entire journey the following documents and evidence are carried along:
1.
the permission or a permission copy, a certified copy of the Community license or the Swiss license, a CEMT approval, a CEMT retreat or a Third-State approval,
2.
the proof required for the vehicle used for the performance of certain technical, safety and security requirements Environmental requirements,
3.
an accompanying document or any other proof in which the goods transported, the place of loading and unloading and the contracting authority are indicated
The documents or documents referred to in the first and second sentences of the first sentence may not be welded in foil or coated in a similar manner 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 cross-border carriage and each cabotage transport carried out during the transport period.(2) The driving personnel shall carry the necessary authorization and the evidence referred to in paragraph 1 during the journey and shall hand out control justifiers on request for consideration. 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 examination at their request. Long-term resident persons within the meaning of Council Directive 2003 /109/EC of 25 June 2003. November 2003 on the legal status of third-country nationals who are long-term residents (OJ L 327, 28.12.2003, p. 44), they also have the right to participate in the long-term residence permit-EC and to hand out those entitled to control on request.(3) (omitted) unofficial table of contents

§ 7a liability insurance

(1) The entreprent is obligated to take out liability insurance to conclude and maintain the legal liability for damage to 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, Insured.(2) The minimum insurance sum shall be EUR 600 000 per damage event. The agreement of a maximum annual turnover rate 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 caused by the entrepreneurs or their representatives were committed intentionally,
2.
Claims for damage caused by natural disasters, nuclear energy, war, war-like events, civil war, civil unrest, strikes, lockouts, terrorist acts of violence, orders of high hand, removal or seizure on the part of a state-recognised power,
3.
Claims from freight contracts subject to the transportation of precious metals, jewels, precious stones, means of payment, valoruses, securities, stamps, documents and documents
(4) The trader shall ensure that, during transport, proof of a valid liability insurance corresponding to the requirements set out in paragraph 1 shall be carried out. Driving personnel must carry this proof of insurance during transport and hand them out for inspection at their request.(5) (omitted) unofficial table of contents

§ 7b Use of properly employed drivers.

(1) An entreprent whose business is Domestiy of the territory of the territory of the Member State of the European Union, shall not be a member of the European Union, of any other Contracting State of the Agreement on the European Economic Area, nor of the Swiss Government, nor shall it be a national of a State. is a national who is only employed as a driving force if he is in possession of a residence permit in accordance with Article 4 (3) of the Residence Act, a residency or a Duldung entitling him to take up employment, or to have a residence permit. is not required (Section 4 (3) sentence 3 of the Residence Act) or is in possession of a valid driver attestation issued by a domestic authority in accordance with Article 5 of Regulation (EC) No 1072/2009. The contractor has to ensure that foreign driving personnel
1.
the passport, register set or Identity card and
2.
the residence permit required pursuant to § 4 (3) of the Residence Act, the residency or the Duldung, the residence permit or the Duldung, which is required to exercise the Authorize employment,
. For the purposes of this Act, the residence permit may 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 must carry the documents referred to in the second sentence of paragraph 1 throughout the journey and hand them out for inspection at the request of the inspectorate.The driver attestation referred to in Article 5 of Regulation (EC) No 1072/2009 shall be issued by the competent authority in accordance with national law. Non-official table of contents

§ 7c Responsibility of the client

Any person who is responsible for his commercial or self-employed professional activity , has concluded a contract of carriage or a freight forwarding contract with a company, the contract may not be carried out if he or she does not know or negligently knows that the entrepre
1.
not the owner of a permit pursuant to § 3 or an entitlement under § 6 or a Community license , or the permission, authorization or license is used inadmissibly,
2.
uses in the carriage driving personnel who do not meet the requirements of § 7b para. 1 sentence 1 , or for which it does not have a driver attestation pursuant to Articles 3 and 5 of Regulation (EC) No 1072/2009,
3.
a carrier or freight forwarder , or allows such action to be carried out, subject to the conditions of
a)
number 1
b)
number 2
The effectiveness of a closed for this purpose. Contract shall not be affected by a breach of sentence 1. unofficial table of contents

§ 7d

(omitted) unofficial Table of contents

§ 8 Provisional continuation of road haulage transactions

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

3. Section
Work Traffic

Non-official table of contents

§ 9 Permission and Insurance

The work traffic is Permission-free. There is no insurance obligation.

4. Section
Bundesamt für Güterverkehr

Non-official table of contents

§ 10 Organization

(1) The Federal Office of Goods Transport (Federal Office) is an independent federal authority in the division of the Federal Ministry of Transport, Building and Urban Development. It is led by the president.(2) The structure of the Federal Office is regulated by the Federal Ministry of Transport, Building and Urban Development. Non-official table of contents

§ 11 tasks

(1) The Federal Office is responsible for administrative tasks of the federal government in the field of transport, which it carries out through this law, are assigned by other federal laws or by reason of these laws.(2) The Federal Office has to ensure that
1.
in-and foreign companies of the commercial Road haulage and all other parties involved in the contract of carriage fulfil the obligations under this Act and the legislation based on them,
2.
compliance with work traffic rules,
3.
the legislation on
a)
the employment and activities of driving personnel on motor vehicles, including the
b)
the permissible dimensions as well as the permissible axle loads and the total weights of the 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 Container (CSC) in the version of the notice of 2. August 1985 (BGBl. 1009) in the version, as amended by the Law of the Law pursuant to Article 2 of the Law of Consent,
d)
the duties applicable to the holding or use of Road transport vehicles as well as the use of roads,
e)
(omitted)
f)
the transport of dangerous goods by road,
g)
the means of transport according to the specifications of the Convention on international carriage of slightly perishable food and on the special means of transport to be used for such promotions (ATP), of the 1. September 1970 (BGBl. 1974 II p. 566) in the version, as amended by the law of law pursuant to Article 2 of the law of consent,
h)
the nature, marking and use of Transport and transport containers for the transport of foodstuffs and products of wine law,
i)
carrying out a copy of the authorisation for the transport of weapons of war under the Law on the Control of War Weapons, as amended by the 22. November 1990 (BGBl. 2506) in the version in force,
j)
the carriage of waste with vehicles for road transport,
k)
the permissible values for noises and pollutants in the exhaust gas from motor vehicles for the carriage of goods,
l)
the load,
m)
referred to in Article 4 (1) in conjunction with Annex I, No. 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 participating in road transport in the Community (OJ L 327, 28.2.2000, p. EC No 1) on the technical requirements for motor vehicles used for the carriage of goods,
n)
the obligation to obtain and carry out a vehicle in the driving of motor vehicles to be tested. Road freight transport,
o)
the Sunday and holiday ban as well as the holiday travel order and
p)
the carrying of a permit, a certificate of competency, or a transfer approval pursuant to the Explosives
arein the The framework of the measures pursuant to § 12 (1) and (2) can be implemented.(3) In the cases referred to in paragraph 2 (3) (d), the Federal Office shall, without a request, provide the competent financial authorities with the data necessary for the purpose of ensuring the taxation of taxation.(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. Non-official table of contents

§ 12 Powers

(1) As far as this is required for the performance of the tasks pursuant to § 11 paragraph 2, the Federal Office of the Federal Republic of Germany , in particular on roads, on car kilns and at petrol stations, carry out monitoring activities by means of random sampling. 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 registration documents of the vehicle, 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 fullest extent necessary for the performance of the monitoring task to be available to the officers of the Federal Office for the purpose of carrying out the monitoring task. , to allow access to the vehicle and to provide assistance 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 is based on.(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 bus and coach buses.(3) The driver shall comply with the signs and instructions of the Federal Office of the Federal Office without being relieved of his due diligence.(4) Insofar as this is necessary for the performance of the tasks pursuant to § 11 para. 2 Nos. 1 and 2 as well as No. 3 (d) (legislation on charges for the use of roads), agents of the Federal Office of the Federal Office of Owners and Owners of Motor vehicles for the carriage of goods and all those involved in the transport or trading operations relating to the goods transported
1.
enter plots and business premises within the usual business and working hours, and
2.
All business documents and media, in particular records, freight letters and documents relating to the use of the vehicle, and from this, copies, excerpts, printouts The persons referred to in the first sentence shall allow those measures to be taken.
(5) The persons referred to in paragraph 4 and working for them shall, on request, all the officers of the Federal Office for the purpose of carrying out the supervision in accordance with Article 11 (2) (1) and (2) and (3) (d) (legislation on charges for the Use of roads) required
1.
to provide information
2.
providing evidence and
3.
Provide tools and provide help services.
Paragraph 1 Sentence 3 and 4 shall apply accordingly.(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 against
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 Schwarzarbeitsfighting Act,
2b.
§ 404 para. 2 Nos. 3 and 4 of the Third Book of the Social Code,
2c.
(omitted)
3.
§ 24 of the Road Traffic Act, which is usually punished with fines of at least sixty euros according to the cash-money catalogue issued pursuant to section 26a of the Road Traffic Act ,
4.
§ 24a or § 24c of the Road Traffic Act,
5.
§ 18 para. 1 no. 3 letter a or section 3 (2) (a) of the Animal Welds Act, or
6.
§ 69 (1) (8) and (2) (14) of the Circular Economic Law,
) in which the The Federal Office of the Federal Republic of Germany is not an administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences, and 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 administrative 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 road transport or the invitation to do so, the Federal Office or the according to § 21a competent authorities shall require the name and address of the contracting entity to be informed by the person who has published the advertising measures, the advertisements or the offer. Non-official table of contents

§ 13 Subsaation of onward journey

(1) The Federal Office may prohibit the continuation of the journey as far as this is done the tasks assigned to him pursuant to section 11 (2) (1) or (3) are required.(2) Where the documents referred to in Article 7b (1), second sentence, or the driver attestation referred to in Articles 3 and 5 of Regulation (EC) No 1072/2009 are not carried out in the original or are not issued for examination on request, the certificate shall be: The Federal Office and other persons entitled to control the driving personnel concerned shall prohibit the continuation of 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 permission according to § 3 or an entitlement according to § 6 is not carried or is not handed out for review or
2.
a security service ordered in accordance with § 46 (1) of the Code of Administrative Offences in conjunction with Section 132 (1) No. 1 of the Code of Criminal Procedure does not or not completely
(3) The opposition and the action taken against the suspension of the continuation pursuant to paragraphs 1 and 2 shall not have suspensive effect. Non-official table of contents

§ 14 Market observation

(1) The Federal Office observes and assesses the development of the market in the transport sector (Market observation). 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 the development of market events and the foreseeable future development. It prepares data from the administrative implementation and prepares or supervises short-and medium-term forecasts for the carriage of goods and passengers.(3) In order to carry out the tasks referred to in paragraphs 1 and 2, the Federal Statistical Office, the Federal Statistical Office, the Federal Office of the Federal Statistical Office and the Statistical Offices of the Länder may, in particular, the Federal Statistical Office, the Federal Statistical Office, the Federal Statistical Office and the Statistical Offices of the Länder. Transport statistics, combined individual information, provided that these do not permit conclusions to be drawn to a specific or identifiable person.(4) The personal data obtained by the Federal Office in the context of market monitoring 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. Non-official table of contents

§ 14a Implementation of state aid procedures

The Federal Office is responsible for the implementation of aid programmes of the Federal government after
1.
Commission Regulation (EC) No 1998/2006 of 15 June 2006. December 2006 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid (OJ No L 73, 27.2.2006, p. EU No 5) and
2.
to Section 8 of Commission Regulation (EC) No 800/2008 of 6 June 2008. August 2008 on the declaration of the compatibility of certain categories of aid with the common market pursuant to Articles 87 and 88 of the EC Treaty (General Block Exemption Regulation) (OJ L 327, 28.8.2008, p. EU No 3).
The jurisdiction of the Federal Office pursuant to the first sentence of the first sentence shall include all the tasks relating to the granting of the aid. Non-official table of contents

§ 14b Implementation of procedures under Regulation (EU) No. 1214/2011

(1) The Federal Office of Goods Transport is responsible for 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 June 2011 on the November 2011 on the professional cross-border transport of euro cash by road between the Member States of the euro area (OJ L 327, 28.12.2011, p. 1). (2) In the control of compliance with the provisions of Article 21, § 12 (4), (5) and (6) sentences 1 to 4 and sentences 2 and 3 shall apply accordingly; in the case of the prosecution of infringements, § 20 shall apply accordingly. Non-official table of contents

§ 15 File on commercial road haulage companies and commercial passenger transport by bus and coach (Transport company file)

(1) The Federal Office shall carry out the transport company file on all domestic commercial road haulage companies and commercial passenger transport undertakings with bus and coach services, in order to: to determine which authorities (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 use) Carriage of goods by road, Community licence provided for in Article 4 of Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services and amending Regulation (EC) No 561/2006 (OJ L 210, 31.7.2006, p. 88) 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). In accordance with paragraph 7, the transport company file shall contain a generally accessible part by means of a legal regulation.(2) The competent authority in accordance with national law shall immediately transmit to the Federal Office the data to be stored in accordance with paragraph 7 in accordance with the provisions of the law in accordance with the provisions of the law or to a change in the registration of leading data in the course of the remote data transmission.(3) When the Federal Office provides evidence that data transmitted to it is no longer correct, it shall inform the competent State authority accordingly. This information can be requested by the contractor and informs the Federal Office. The operator is obliged to provide information in accordance with the second sentence.(4) The Federal Office may use the data stored in the transport company file for the
1.
Grant of CEMT approvals and bilateral approvals for the International carriage of goods by road,
2.
Answer to questions of the competent authorities responsible for granting authorisation to transport war weapons Authorities according to the reliability of the applicant in accordance with the Law on the Control of War Weapons in the version of the Notice of 22. November 1990 (BGBl. 2506), as amended,
3.
The execution of the tasks assigned to him by the Law on the Safeguarding of 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 of 23. July 2004 (BGBl. 1865), as amended,
4.
Monitoring compliance with the obligations applicable to transport operators, including the pursuit and the Enforcement of infringements,
5.
Implementation of state aid procedures in the sense of § 14a and
6.
Replying to requests from the department authorities and competent public authorities in a Member State of the European Union for the purpose of verifying compliance with the Access conditions to the occupation of road haulier and passenger transport operator
shall be processed and used to the extent that this is necessary for the performance of the tasks mentioned above.(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 the market monitoring according to § 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 at the latest two years after the undertaking has ceased operations.(7) The Federal Ministry of Transport, Building and Urban Development is authorized, with the consent of the Federal Council, to regulate the details of the management of the transport company file by means of a legal regulation, in particular the details
1.
to the data to be stored in the traffic enterprise file, including the information on the identification of the companies, the owners, the management and the Authorised members, the legal representatives and transport managers,
2.
for the publication of the generally accessible part of the File,
3.
on the method of transmitting data to and by the Federal Office,
4.
Access rights and the procedure for obtaining information,
5.
on the responsibility for the contents of the traffic company file and the data maintenance and
6.
to the technical and organizational measures required in accordance with § 9 of the German Federal Data Protection Act.
unofficial table of contents

§ 15a Werkverkehrs_file

(1) The Federal Office shall file a file on all companies established in the country, the work traffic with trucks, trains (lorries and trailers) and semitrailer vehicles whose maximum permissible weight exceeds 3,5 tonnes, in order to be able to determine directly which undertakings operate in the case of large-scale motor vehicles.(2) Any entreprenchman who operates work transport within the meaning of paragraph 1 shall be obliged to notify his undertaking to the Federal Office prior to the commencement of the first carriage.(3) For the purpose of storage in the works traffic file, the trader must provide the following information at the time of registration and, on request, to prove it:
1.
name, legal form and object of the company,
2.
address as well as telephone and fax numbers of the Seat,
3.
First and family names of the owners, the managing and representative partners and the legal representatives,
4.
Number of trucks, trains (lorries and trailers) and semitrailer trucks with a maximum permissible gross weight of 3.5 tonnes, and
5.
addresses of branches.
(4) The Federal Office may specify the information referred to in paragraph 3
1.
to prepare traffic policy decisions by the responsible authorities,
2.
for monitoring compliance with the obligations applicable to transport operators, including the prosecution and prosecution of infringements,
3.
as a basis for the selection of 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 § 14a and
5.
for the execution of the tasks assigned to it under the law to ensure the transport and by the law on To the extent that this is necessary for the performance of the above-mentioned tasks,
process and use the transport services.(5) In the event of a change in the information referred to in paragraph 3, the trader shall inform the Federal Office of this immediately and to prove it upon request.(6) If the trader does not carry out any work traffic within the meaning of paragraph 1, he shall immediately withdraw from the Federal Office of the Federal Office.(7) The data stored in accordance with paragraph 3 shall be deleted if it is no longer required for the tasks referred to in paragraph 4, but at the latest one year after the operator has signed off from the Federal Office. Non-tampering table of contents

§ 16 file on cash-money procedures completed

(1) The Federal Office may continue to pursue and pay further information on the In the event of a breach of the law of the same person and for the purpose of assessing the reliability of the entrepre and the transport manager, the following personal data relating to a completed fine procedure, in which it is the managing authority in the sense of the § Article 36 (1) (1) of the Code of Administrative Offences is to store and modify files in files:
1.
birthname, surname, first name, gender, date of birth, place of birth, state of birth and nationality of the person concerned, his position in the company as well as the name and address of the person concerned. Company,
2.
Time and place of committing an order of illegality,
3.
the legal Characteristics of the administrative offence and the fine rules applied,
4.
Penal fines with the date of their adoption and the date of 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 position, including the business number or file number, and
5.
the amount of the fine.
The Federal Office may use this data to the extent necessary for the purposes set out in sentence 1.(2) For the purpose of preparing and carrying out the monitoring in accordance with Article 12 (4) and (5) and the assessment of the reliability of the entrepre and the transport manager, paragraph 1 shall apply mutatily for the purpose of a cashing procedure which has been completed. in accordance with § 19, which have been committed in a company domicated in Germany. In accordance with 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 paragraph 1 of the Act on Administrative Offences.(3) The Federal Office has a serious infringement of the person concerned and other infringements of the person concerned or of other members of the company to the company and to the authority responsible under national law, to the extent that there is reason to do so. of the reliability of the operator or of the transport managers. In order to identify 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.
to domestic and foreign public Where this is necessary for the decision on access to the occupation of road haulier and passenger transport operator,
1a.
in the event of non-compliance with the rules on the prevention of illegal employment and social security provisions to the Federal Employment Agency, the main offices, the catchment bodies and the institutions of the pension insurance scheme, as well as the immigration authorities, to the extent that this is in preparation for the and carrying out further investigations, in particular of operational controls,
2.
at the request of the courts and the authorities, as regards the provisions of § 11 To the extent that this is necessary for the prosecution and prosecution of administrative offences.
(5) The transmission to foreign public bodies. in accordance with paragraph 4 (1), to the extent that 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 pursuant to paragraph 4 (1) only for the purpose for which it has been transmitted.(6) In so far as the legitimate interest of the person concerned at the exclusion of the transmission outweighs the public interest in transmission, a transmission to national public authorities shall not be required. 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) If transmitted data are deemed to be incorrect, the recipient shall be informed without delay if this is necessary for the protection of the interests of the person concerned.(8) The Federal Office shall delete the data stored in accordance with the first sentence of paragraph 1 two years after the entry of the legal force of the fine or the judicial decision, if no further entries within the meaning of paragraph 1 are available during that period. Sentence 1, No 4, added. They shall be deleted no later than five years after their storage. Non-official table of contents

§ 17 National Contact Point and European Information Exchange

(1) The Federal Office is a national contact point for Article 18 (1) of Regulation (EC) No 1071/2009.(2) The Federal Office shall, as the national contact point, transmit data on serious infringements of Community rules in the areas referred to in Article 6 (1) (b) of Regulation (EC) No 1071/2009, which are in a product or Passenger transport undertakings established in another Member State of the European Union have been committed to the national contact point of the Member State of establishment, ex office. 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. N ° 1073/2009 to the German authorities to be transferred.(3) The Federal Office shall, as the national contact point, inform communications from other Member States of the European Union of serious breaches of Community rules in the cases referred to in Article 6 (1) (b) of Regulation (EC) No 1071/2009 shall continue to apply to the competent department of the competent authority of the department concerned in the case of those areas which have been committed in a freight or passenger transport undertaking located in the country. 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 Member State of the European Union which is part of the EU.(4) The Federal Office, acting as the national contact point of its own office, shall, on the basis of requests from competent national authorities, direct decisions taken by the authorities of other Member States of the European Union, by which a specific person shall be informed in accordance with the conditions laid down by the Article 6 (2) and Article 14 of Regulation (EC) No 1071/2009 prohibiting the conduct of road transport operations on grounds of non-reliability shall continue to be applied to national contact points of other Member States of the European Union. The Federal Office shall forward replies received from other Member States of the European Union to the requesting State authority in this connection.(5) As a national contact point, the Federal Office shall provide the national contact points of other Member States of the European Union with information on request concerning persons to whom a German authority pursuant to Article 3 (5b) or (25a) of the Passenger transport law has legally prohibited the management of road transport operations because of unreliability, insofar as this is necessary for the decision on access to the occupation of the trader and passenger transport operator. 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 matter, which shall immediately delete the identification data.(6) The data transmission between the participating national authorities and the Federal Office shall be carried out by means of 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 appropriate encryption methods shall be applied to the respective state of the art.(7) The content of the information required for the purposes of paragraphs 2 to 5, as well as the details of the communication between the national authorities involved and the Federal Office, including the provisions on 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. Non-official table of contents

§ 17a Responsibility for the implementation of international traffic law

The Federal Ministry of Transport, Building and Urban development is authorized, by means of a regulation with the consent of the Federal Council, to designate the Federal Office as the body responsible for the Federal Republic of Germany, in so far as such a provision in the field of transport is to be carried out of legislative acts of the European Union or of an international agreement.

5. Section
Monitoring, BußMoney Regulations

Non-official table of contents

§ 18 Border Controls

The control panel for the Border competent authorities 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. Non-official table of contents

§ 19 Penal rules

(1) Contrary to the law, who intentionally or negligently
1.
contrary to § 2 para. 1a sentence 1, it does not ensure that an accompanying paper or other proof ,
1a.
contrary to the second sentence of Article 2 (1a), does not carry the accompanying paper or any other proof, either not or not in good time, or not, or does not make it available in good time,
1b.
operates without permission in accordance with § 3 (1) Commercial Goods Transport,
1c.
a fully-removable edition in accordance with § 3, paragraph 4,
2.
a legal regulation pursuant to § 3, para. 6 2 (c), (3) or (4) or 23 (3) sentence 1 or (5) or a enforceable order pursuant to such a regulation, in so far as the regulation on a specific case is based on this provision of fine ,
3.
contrary to § 7 (1) sentence 1 or sentence 3, does not ensure that a document referred to therein or a document referred to therein is carried
4.
contrary to § 7 (1), second sentence, a document referred to in that paragraph, or a document referred to therein, or overdrawn with a protective layer,
5.
5.
counter
a)
§ 7 paragraph 2 sentence 1 or
b)
§ 7 (2) sentence 3 or sentence 4
a document referred to there, a document referred to therein, a passport, another entitleholder to cross the border Document or a long-term residence permit-EC does not carry or not or do not hand in on time,
6.
(omitted)
6a.
contrary to § 7a para. 4 sentence 1, it does not make sure that there is a "proof" that is listed there,
6b.
contrary to § 7a para. 4 sentence 2, an insurance certificate is not carried out or not, or does not hand in on time,
6c.
contrary to § 7b, paragraph 1, sentence 1, a member of a state named there as a mobile worker,
6d.
contrary to Section 7b (1) sentence 2, it does not ensure that the foreign driving personnel carry on a document named there,
6e.
contrary to § 7b para. 2, a document mentioned there is not carried out or not, or does not hand out in time,
7.
contrary to § 12 para. 1 sentence 3 or para. 5 sentence 1 no. 1, § 15 para. 3 sentence 3 or § 21a para. 3 sentence 1 an information not, not correct, not complete or not in time issued,
8.
contrary to § 12 para. 3, a sign or a instruction is not followed,
9.
contrary to § 12 para. 4 sentence 2 or § 21a paragraph 2 sentence 2, a measure is not permitted,
10.
contrary to § 12 5 sentence 1 no. 2 or § 21a (3) sentence 1 a proof not, not correct, not fully or not provided in good time,
11.
contrary to § 12 para. 5 sentence 1 no. 3 or § 21a (3) sentence 1, an aid is not or does not provide an aid in time, or does not provide ancillary services in good time,
12.
a fully-fledgable subsac in accordance with Section 13 (1) or (2),
12a.
contrary to § 15a (2) and (3), its company is not, not correct, not complete or not in good time
12b.
contrary to § 15a (3), the disclosures on request are not, not correct, not complete or not in good time,
12c.
contrary to § 15a, paragraph 5, changes not, not correct, not complete or not timely,
12d.
contrary to § 15a Abs. 5 Amendments, not correct, not complete or not in time or
12e.
contrary to § 15a, paragraph 6, the company does not sign off in time.
(1a) Administrative dismise is responsible for who
1.
contrary to § 7c sentence 1, No. 1, or 3 letter a, or
2.
contrary to § 7c sentence 1 No. 2 or 3 letter b
a performance can be performed.(2) A breach of Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 June 2009 on the implementation of the European Parliament and of the Council of the European Communities 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 acting
1.
without a Community licence pursuant to Article 3 of the international carriage of goods by road,
2.
contrary to the first sentence of Article 5 (6), the driver ' s attestation shall not be the driver ' s certificate, or not Provided or
3.
contrary to Article 5 (6) sentence 3, the driver attestation does not show the driver attestation or does not show in time.
(2a) Intentionally or negligently in cabotage transport pursuant to Article 8 of Regulation (EC) No 1072/2009
1.
the first cabotage transport does not carry out a cross-border carriage from a Member State of the European Union or a third country,
2.
before the last unloading of the delivery imported into Germany a cabotage transport operation,
3.
more than three cabotage transport operations following the cross-border carriage,
4.
does not use the same vehicle for all cabotage operations, or not in the case of vehicle combinations, the Motor vehicle of the same vehicle used for all cabotage transport operations,
5.
later than seven days after the last unloading of the imported delivery a Cabotage transport operations,
6.
after carrying out more than two cabotage operations in one or more other Member States after an unladen entry, a Carrying out cabotage transport in Germany,
7.
after carrying out a cross-border transport to a Member State and unladen entry into the country Germany carries out more than one cabotage transport or
8.
a cabotage transport not within three days following an unladen driveway after Germany.
(3) Contrary to the law, the driver who is a national of a third country intentionally or negligently carries out cabotage transport in accordance with Article 8 of Regulation (EC) No 1072/2009, without the Driver attestation.(4) Administrative offences are those who intentionally or negligently
1.
in the international carriage of goods by road uses a driver for which a driver attestation has not been issued in accordance with Article 5 (2) of Regulation (EC) No 1072/2009,
2.
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,
3.
in the cabotage operations referred to in Article 8 (1) of Regulation (EC) No 1072/2009 shall apply to a driver who has not been issued a driver attestation pursuant to Article 5 (2) of Regulation (EC) No 1072/2009.
(5) who is 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 the Member States of the euro area (OJ L 327, 28.12.2011, p. 1.) by intentionally or negligently
1.
without a licence pursuant to Article 4 (1) a cross-border transport of money,
2.
contrary to the second sentence of Article 4 (3), an original or a certified copy of a valid licence is not or not in time,
3.
contrary to the first sentence of Article 6 (4), does not possess a required weapon approval or
4.
contrary to Article 10, banknotes referred to therein do not or are not immediately taken out of circulation after discovery.
(6) Contrary to the law, who deliberately or negligently
1.
as the person in charge of a licensed company uses security personnel, one of which is referred to in Article 5 The first subparagraph of paragraph 1 or the first sentence of paragraph 2 of Regulation (EU) No 1214/2011 is not sufficient,
2.
as the person responsible for a licensed undertaking using a vehicle which does not comply with the requirements of Article 7 (1), (2), (3) or (4), first sentence, of Regulation (EU) No 1214/2011, or
3.
a transport in an option not referred to in the first sentence of Article 13 (1) of Regulation (EU) No 1214/2011.
(7) The administrative offence may, in the cases referred to in paragraph 1 (6c), (1a) (2) and (4) (1) and (3), be subject to a fine up to two hundred thousand euro, 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 (1b), (12), (1a) (1), (2) (1) and (4) (2), with a fine, up to Twenty thousand euros, in the other cases a fine of up to five thousand euros is punished. 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. Non-official table of contents

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

(1) When carrying out the monitoring tasks According to § 11, the Federal Office and its agents have to investigate and prosecutable infringements of the legal provisions. In this respect, the officers of the Federal Office shall have the rights and obligations of officers of the police enforcement 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 Section 53 of the Law on 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, have the right to order security benefits pursuant to Section 46 (1) of the Code of Administrative Offences in conjunction with Section 132 (1) sentence 1 no. 1, Sentence 2, para. 2 of the Code of Criminal Procedure.(2) In the cases referred to in the first sentence of paragraph 1, the Federal Office and its agents may also issue the warning under Section 56 of the Law on Administrative Offences. Section 57 (1) of the Code of Administrative Offences shall apply mutagentily. Non-official table of contents

§ 21 Responding to Infringement Jurisdiction

(1) If an infringement is committed in a company, In accordance with Section 36 (1) (1) of the Code of Administrative Offences, the administrative authority shall be the authority designated by the Land Government. The provincial government may transfer the authorisation to the competent supreme state authority.(2) If an infringement is committed in a company that has its registered office abroad, the Federal Office shall be the administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences.(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 Code of Administrative Offences pursuant to Article 19 (1) (5) (b), (6c), 6d, 6e, (1a), 2 (2), (3) and (3)). Paragraph 4 (1), which has been committed in an undertaking which has its registered office in the country.(4) § 405 of the Third Book of the Social Code remains unaffected. Non-official table of contents

§ 21a Supervision

(1) The trader of commercial road haulage and all parties involved in the transport contract are subject to the supervision of the competent authority according to the law of the country.Where this is necessary for the performance of the tasks referred to in paragraph 1, the officers of the supervisory authorities shall be able to apply to owners and owners of vehicles for the carriage of goods and to all those involved in the transport or trading operations. Take the following measures on the goods transported:
1.
Land and business premises enter the required documents and data carriers, in particular records, consignment notes and records, within the normal operating and business hours, and
2.
The documents relating to the use of the vehicle, including copies, excerpts, printouts and copies, or electronically stored data, are transferred to their own data carriers.
The persons referred to in the first sentence shall have these measures in place. .The persons referred to in paragraph 2 shall, at the request of the representatives of the supervisory authorities, provide the agents of the supervisory authorities with all information necessary for the implementation of the supervision, to provide evidence, to provide assistance and to provide assistance. Section 12 (1) sentence 3 and 4 shall apply accordingly.

6. Section
Fees and Deposits, Authorizations

Non-Official Table of Contents

§ 22 Fees and Deposits

(1) For 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, shall be subject to fees and Deposits according to the provisions of the Administrative Cost Act in the up to 14. The Regulation shall apply in accordance with the provisions of paragraph 2 of this Regulation.(2) The Federal Ministry of Transport, Building and Urban Development is authorized, in agreement with the Federal Ministry of Finance and the Federal Ministry of Economics and Technology, by means of a legal regulation with the consent of the Federal Council. to determine, in accordance with fixed rates or as a framework fee, the charges payable and the fees charged. 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 pursuant to § 19 of the German Federal Data Protection Act shall be provided free of charge. Non-official table of contents

§ 23 Appropriations for the adoption of implementing rules

(1) The Federal Government shall, with the consent of the Federal Council, the general administrative provisions necessary for the implementation of acts of the European Union, of this Act and of the legal regulations based on that law.(2) The Federal Ministry of Transport, Building and Urban Development is authorized, with the consent of the Federal Council, to withdraw, in whole or in part, the provisions of this law, in whole or in part, other than those referred to in § 2 (1), by means of a decree of law. in so far as their subposition proves to be disproportionate under this law.(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 (national road haulage services by entrepreneurs who are in a position to be transported by road). ), including the movement of work to the order of these services and to the implementation of international agreements and acts of the European Union relating to the carriage of goods by road, , by means of which
1.
access to the occupation of road haulage operator and to the market of Road haulage, in particular the conditions for the granting, withdrawal and withdrawal of authorisations, the adoption of secondary provisions, the associated procedure, including the holding of hearings and the treatment of such goods the conditions for the use of the vehicle, and the conditions for the use of the vehicle,
1a.
the conditions for granting, the the withdrawal and withdrawal of driver attestations, the adoption of secondary provisions, the associated procedure, including the holding of hearings and the handling of significant changes after the driver ' s certificates have been issued, which shall: Conditions governing the use of the staff and the monitoring of the conditions of distribution,
2.
for entrepreneurs whose companies are based 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 the conditions for the implementation of the carriage of goods by road by way of derogation from the provisions of this Act, and the temporary or permanent exclusion from the carriage of goods by road, if repeated or seriously infringing national rules,
3.
Provisions to ensure inter-state reciprocity or a level playing field, in particular on the granting of authorisations, the conditions for the issue and repeal of a permit, monitoring and procedure,
4.
the obligation to submit documents for the observation of the
in accordance with the provisions of paragraphs 1 to
, the Federal Council's approval shall be subject to the approval of the Federal Council.(4) By way of derogation from the legal regulations adopted pursuant to paragraph 3, the Federal Ministry of Transport, Building and Urban Development may, within the framework of international governmental and administrative agreements, wholly or partly from the Permit requirement for the international carriage of goods by road with Member States outside the European Union and the European Economic Area to the extent that this 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 pursuant to section 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 transport and to the implementation of of international agreements and of regulations, decisions and directives of the Council of the European Union and of the Commission of the European Communities, rules to be adopted by which: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
the existence of cross-border combined transport, including the determination of the the nearest appropriate station, as well as the obligation to carry out and carry out papers which demonstrate the fulfilment of the conditions of access to the profession and the performance of combined transport,
1a.
Special features, in particular permission for approval, are provided, and
2.
Provisions to ensure inter-state reciprocity or a level playing field.
A non-official table of contents

§ § 24 and 25 (omitted)