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Passenger Law

Original Language Title: Personenbeförderungsgesetz

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Passenger transport law (PBefG)

Unofficial table of contents

PBefG

Date of completion: 21.03.1961

Full quote:

" Passenger Transport Act of 21 March 1961 (BGBl. 241), as defined by Article 482 of the Regulation of 31 August 2015 (BGBl). I p. 1474).

Status: New by Bek. v. 8.8.1990 I 1690; last amended by Art. 2 para. 147 G v. 7.8.2013 I 3154
Note: Amendment by Art. 482 V v. 31.8.2015 I 1474 (No 35) in a textual proof, not yet concludedly processed in a documentary form

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.10.1983 + + +) 
(+ + + measures on the basis of the EinigVtr cf. PBefG Appendix EV + + +)

I.
General provisions

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§ 1 Scope of validity

(1) The provisions of this Act shall be subject to the carriage of persons by trams, trolleybuses, trolleybuses and motor vehicles, whether in the form of trains or by business. Economic benefits may also be considered as remuneration, which are indirectly aimed at the economic viability of a paid employment. (2) This law shall not be subject to carriage by carriage.
1.
passenger cars, if they are free of charge or if the total charge does not exceed the operating costs of the journey;
2.
with ambulances, if they are transported to sick, injured or other persons in need of assistance who require medical care or the special equipment of the ambulance during the course of the journey or in which is to be expected on the basis of their condition.
The first subparagraph of paragraph 1 shall also apply where the transport operations are business. Unofficial table of contents

§ 2 Approval requirement

(1) Who within the meaning of § 1 (1) (1)
1.
with trams,
2.
with Obussen,
3.
with motor vehicles in regular services (§ § 42 and 43); or
4.
With motor vehicles in occasional traffic (§ 46)
Persons must be in possession of a permit. He is an entreponator within the meaning of this Act. (2) The authorisation shall also be required
1.
any extension or substantial modification of the undertaking,
2.
the transfer of the rights and obligations arising from the authorisation (authorisation transfer);
3.
the transfer of the operational management to another.
(3) By way of derogation from paragraph 2 (2), in the case of taxis, the rights and obligations arising from the authorisation may be transferred only if at the same time the whole undertaking or substantial self-employed and discernible parts of the undertaking (4) The approval authority may, in the case of a regular service pursuant to section 43 of this Act and in the case of carriage pursuant to Section 1 (4) (d) and (i) of the exemption regulation, grant exemption from the prohibition on the taking of other passengers if: in the public transport interest, and with regard to existing (5) A permit does not require the temporary use of motor vehicles in the event of emergency situations or malfunctions in the transport sector, in particular in rail, mountain railway or trolleybus traffic. If the disturbance lasts for more than 72 hours, operators of the fault-affected establishments of the approval authority (Section 11) shall without delay without delay of the nature, extent and probable duration of such temporary use of motor vehicles (5a) Anyone who plans, organizes and offers occasional services in the form of excursion (§ 48 para. 1) or the holiday destination travel (§ 48 para. 2), however, clearly expresses to the participants that the promotions are not by himself, but by a particular entreprenter, the holder of a (6) In the event of a carriage which does not fulfil all the characteristics of a mode of transport or form of transport, it may not be in the possession of a permit. (7) For the practical testing of new modes of transport or means of transport, a permit must be granted in accordance with the provisions of this law which are most in line with this transport. (7) the approval authority may, on request, in individual cases, derogations from The provisions of this Act or of provisions adopted pursuant to this Act shall be approved for a period not exceeding four years, in so far as public transport interests do not preclude. Unofficial table of contents

§ 3 Entrepreneurs

(1) The authorisation shall be granted to the trader for a particular traffic (§ 9) and for his/her person (natural or legal person). (2) The trader or the person to whom the management has been transferred shall be responsible for the traffic in the operate their own names, under their own responsibility and for their own account. The authority designated by the Land Government may, in individual cases, allow for exceptions. (3) If trams are to be built by a trader other than the trader, the approval for their construction and for the management of the lines (§ 9 para. 1 no. 1) shall be granted to the other; the provisions of the law applicable to the contractor and the legal regulations adopted pursuant to the law shall apply accordingly. Unofficial table of contents

§ 4 Trams, trolleybuses, motor vehicles

(1) Trams are rail tracks which
1.
Use the public road traffic area and adapt to road transport characteristics, as well as the way in which they are built and in operation, or
2.
have a specific railway body and are similar or similar to those referred to in paragraph 1 in the operating mode
and exclusively or primarily for the transport of persons in the area of the location or the neighbourhood. (2) Railways also apply to trains which are designed to be of special design as high and underground tracks, suspension tracks or similar tracks (3) Obusse within the meaning of this Act are electrically powered, not on rails, or are intended to be used exclusively or primarily for the carriage of persons in the area of the location or the neighbourhood. -bound road vehicles, which have their driving power of a driver's line (4) Motor vehicles within the meaning of this Act are road vehicles which are moved by their own power, without being tied to rails or a direction of travel, and are not bound by any other means of transport.
1.
Passenger cars: motor vehicles which are designed and equipped for the carriage of no more than nine persons (including guides) and which are designed and equipped,
2.
Buses and coaches: motor vehicles which are designed and equipped to carry more than nine persons (including guides) in accordance with their design and equipment,
3.
Lorries: motor vehicles designed for the carriage of goods by their design and equipment.
(5) Trailers carried by vehicles referred to in paragraphs 1 to 4 for the carriage of passengers shall be treated in the same way as those moving in the vehicle. (6) Cars for the purposes of this Act are vehicles which are specially set up for the transport of ambulances or emergency rescue services and which are recognised as ambulance vehicles after the vehicle registration certificate. Unofficial table of contents

§ 5 Documents

Authorisations, temporary authorisations and certificates or their revocation under this Act or pursuant to a legal regulation or general administrative provision adopted pursuant to this Act shall be issued in writing. The electronic form is excluded. By way of derogation from the first sentence, it may be provided for in the provisions of the laws and regulations adopted pursuant to this Act that authorisations, subordinated permits and certificates shall also be provided in electronic form with a permanently verifiable signature in accordance with § 37 (4) of the Administrative Procedure Act. Unofficial table of contents

§ 6 Ban on circumcration

The obligations of the entreprenchment under this Act shall not be affected by legal or company law designs or dummy facts suitable for circumventing the provisions of the law. Unofficial table of contents

Section 7 Carriage of persons on lorries and on trailers behind lorries and tractors

(1) In the case of passenger transport which is subject to authorisation in accordance with this law, lorries and trailers of any kind may not be used behind lorries or behind tractors. (2) The approval authority may in individual cases Allow exceptions. Unofficial table of contents

Section 8 Promoting the operation of the transport system and the compensation of transport interests in local public transport

(1) Public transport of persons within the meaning of this Act is the generally accessible transport of persons with trams, trolleybuses and motor vehicles on scheduled services, which are mainly intended for transport demand in the city, To satisfy local or regional transport. This is in doubt the case where, in the majority of transport cases, the total travel distance is not more than 50 kilometres or the total travel time does not exceed one hour. (2) Public transport is also the traffic with taxis. (3) In order to ensure that the public transport services in the public transport sector are adequately operated, the public transport services provided by the Member States shall ensure that the designated authorities (task carriers). The task carrier defines the requirements for the scope and quality of the transport supply, its environmental quality as well as the requirements for the cross-traffic integration of transport services as a rule in a local transport plan. The local transport plan has to take into account the concerns of people with disabilities in their mobility or sensory impairment with the aim of achieving complete accessibility for the use of public transport by 1 January 2022. . The time limit referred to in the third sentence shall not apply, provided that derogations are specifically identified and justified in the local transport plan. In the local transport plan, statements about time constraints and necessary measures are taken. In drawing up the local transport plan, the existing entrepreneurs shall be involved at an early stage, where there are representatives of disabled persons or persons with disabilities, associations of persons with mobility or sensory impairment, and To listen to passenger associations. Their interests shall be taken into account in an appropriate and non-discriminatory way. The local transport plan provides the framework for the development of public transport. The countries may lay down more detailed rules on the preparation and content of the local transport plans. (3a) The approval authority shall act within its powers under this Act and in compliance with the interest in an economic To ensure the fulfilment of the task of the task carrier referred to in the first sentence of paragraph 3. It must take account of a local transport plan which has been established under the conditions set out in the sixth sentence of paragraph 3 and which takes account of existing transport structures. (3b) For agreements concluded by transport undertakings and for decisions and The recommendations of associations of these companies do not apply to § 1 of the Law on Competition Restrictions, in so far as they serve the purpose of integrating the local transport service, in particular for transport cooperation, for the vote or for the Interconnection of transport charges and for the coordination of timetables. They shall have to be notified to the approval authority for their effectiveness. In the case of associations of undertakings which conclude agreements, decisions and recommendations within the meaning of the first sentence, Article 19 (1) shall apply in conjunction with paragraph 2 (1) of the Law on Competition Restrictions. The cartel authority's orders, which concern such agreements, decisions or recommendations, shall be carried out in consultation with the competent licensing authority. (4) Transport services in the public transport sector shall be self-economic. In the case of self-economic services, transport services, the cost of which is covered by means of transport, compensation on the basis of general rules laid down in Article 3 (2) and (3) of Regulation (EC) No 1370/2007 of the European Union Parliament and the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) No 1191/69 and (EEC) No 1107/70 (OJ L 107, 30.4.7/70, p. 1) and other business contracts in the commercial sense, in so far as they do not constitute compensation for the fulfilment of public service obligations under Article 3 (1) of Regulation (EC) No 1370/2007. and shall not be granted exclusive rights. Compensatory payments for the carriage of persons with the time-travel arrangements of training in accordance with Section 45a shall be excluded from the scope of Regulation (EC) No 1370/2007. Unofficial table of contents

Section 8a Award of public service contracts

(1) In so far as an adequate traffic control is not possible for a total performance in accordance with Section 8a (2) sentence 4 or for a partial performance in accordance with § 8 (4) sentence 1, Regulation (EC) No 1370/2007 shall apply. The competent authority within the meaning of Regulation (EC) No 1370/2007 (competent authority) may adopt general rules within the meaning of Article 3 (2) and (3) of Regulation (EC) No 1370/2007 in order to ensure a sufficient level of transport operation or public service contracts in accordance with the provisions of Article 3 (1) of Regulation (EC) No 1370/2007. The competent authority shall be governed by the law of the country and shall, in principle, be identical with the task carrier referred to in Article 8 (3). (2) Are public service contracts within the meaning of Regulation (EC) No 1370/2007 for the transport of Trams, trolleybuses or with motor vehicles at the same time public contracts within the meaning of Section 99 of the Act against restrictions on competition, the fourth part of the Act is subject to restrictions on competition. The competent authority shall also be obliged to publish, in this case, in accordance with Article 7 (2) of Regulation (EC) No 1370/2007 (prior notice); the publication shall not take place earlier than 27 months before the start of operations and shall have the following information: Notice to the application deadline in § 12 paragraph 6 to be included. The pre-announcement is intended to indicate the requirements for road map, transport rates and standards associated with the intended service contract. You can specify the extent to which a grant is intended as a total power (network, subnet, line bundle, line). The information may also be provided by reference to certain contents of the local transport plan within the meaning of section 8 (3) or by reference to other publicly accessible documents. (3) The competent authority is subject to the provisions of Regulation (EC) No Under Article 5 (2) of Regulation (EC) No 1370/2007, or in accordance with Article 5 (2) and (4) of Regulation (EC) No 1370/2007, the right to provide transport services in the local transport sector is authorised directly. (4) The award of a public service contract in accordance with Article 5 (3) and (4) of the Regulation (EC) No 1370/2007 on the transport of trams, trolleybuses or motor vehicles shall take appropriate account of the interests of the medium-sized enterprises. In the case of the award of a public service contract pursuant to Article 5 (3) of Regulation (EC) No 1370/2007, services are to be allocated in lots of lots. (5) The competent authority intends to provide transport services in the local transport sector itself. , or in accordance with Article 5 (2) or (4) of Regulation (EC) No 1370/2007, it shall inform interested contractors of the reasons for the decision to be taken. The application must be submitted within a period of six months from the prior notice. (6) The undertakings may require the competent authority to comply with the rules on the award of public service contracts. (7) The award of a public service contract in accordance with Article 5 (2) to (5) of Regulation (EC) No 1370/2007 for the transport of trams, trolleybuses or motor vehicles shall be subject to the post-Second and Third Section of the investigation Fourth part of the law against restrictions on competition. The examination possibilities of the supervisory authority of the competent authority remain unaffected. (8) The competent authority within the meaning of Regulation (EC) No 1370/2007 may, in the public service contract, be subject to an exclusive right within the meaning of Article (2) (f) of Regulation (EC) No 1370/2007. The exclusive right may only relate to the protection of transport services which are the subject of the public service contract. The competent authority shall determine the geographical and temporal scope and the type of passenger transport services to be provided to the exclusion of other operators. Such transport, which only insignificantly affects the passenger potential of the protected traffic, must not be excluded. Unofficial table of contents

Section 8b Competition award procedure

(1) A competitive tendering procedure as referred to in Article 5 (3) of Regulation (EC) No 1370/2007 shall comply with the requirements laid down in paragraphs 2 to 7. (2) The notice on the proposed competitive tendering procedure shall be applicable to all Suitable bidders shall be accessible. It can be published on the website www.bund.de. The contract notice shall contain all the information required for participation in the award procedure, in particular information on:
1.
the intended course of the competitive tendering procedure;
2.
Evidence of technical expertise, reliability and performance (proof of aptitude),
3.
Requirements for the transmission of documents and
4.
Award criteria, including their intended weighting.
(3) Services must be described in a clear and comprehensive manner so that all eligible tenderers must understand the description in the same sense and are expected to be able to offer comparable offers. The participants in the competitive tendering procedure must be treated equally, taking account of the complexity of the services. The contract is to be awarded on the most economical offer, taking into account all the circumstances. (5) If subcontracting is allowed, it may be specified that the transfer of subcontracting shall be carried out according to competitive principles. (6) The award procedure is to be documented continuously from the beginning. All the essential decisions shall be justified. (7) The task carrier shall have the unconsidered tenderer on the name of the selected undertaking, the reasons for its failure to take account and the earliest date of the appointment. without delay. § § 101a and 101b of the Act against restrictions on competition apply accordingly.

II.
Approval

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§ 9 Scope of the authorisation

(1) The authorisation shall be granted
1.
in the case of a tramway traffic for the construction, operation and management of the lines,
2.
in the case of traffic with trolleybuses, for the construction, operation and management of the lines,
3.
in the case of a regular service with motor vehicles, for the establishment, management and operation of the vehicle;
4.
in the case of occasional transport by bus and coach, for the holding,
5.
in the case of occasional services with passenger cars, for the form of occasional transport and for the operation of certain motor vehicles, indicating their official registration plates.
(2) To the extent that it requires the objective of § 8, in the cases referred to in paragraph 1 (1) to (3), approval may be given for a line or for several lines. (3) (omitted) (4) (omitted) Unofficial table of contents

Section 10 Decision in case of doubt

If there are doubts as to whether a passenger transport is subject to the provisions of this Act, or what type of transport or form of transport belongs to a traffic, or who is an entreponer within the meaning of Article 3 (1) and (2), the decision shall be taken to determine the seat of the The competent authority designated by the provincial government. Unofficial table of contents

§ 11 Authorisation authorities

(1) The authorisation shall be granted to the authority designated by the State Government. (2) The competent authority shall be responsible for:
1.
in the case of a tramway, trolleybus or a regular service with motor vehicles, the approval authority in whose district the traffic is to be carried out exclusively,
2.
in the case of occasional traffic with motor vehicles, the approval authority in whose district the trader has its registered office or establishment in the sense of commercial law.
(3) If a tramway, trolleybus or a regular service is to be operated with motor vehicles in the districts of several approval authorities of the same country, the approval authority shall be responsible, in whose district the line shall have its starting point. Where there are doubts as to the competence, the competent licensing authority shall be designated by the authority designated by the State Government. The competent approval authority shall take its decision in agreement with the approval authorities involved in the management of the line; the approval authorities whose districts are transit through shall not be involved. If an agreement is not reached, the authority designated by the Land government shall decide. (4) If a tramway, trolleybus or regular service with motor vehicles is to be operated in more than one country, the first sentence of paragraph 3 shall be 1 and 3. shall apply accordingly. If there are doubts about the competence between the participating countries and if agreement is not reached between the highest national transport authorities, the Federal Ministry shall decide, at the request of one of the top national transport authorities concerned, that the competent authority should be responsible. for traffic and digital infrastructure. The same shall apply where the decision of a request for authorisation between the approval authorities of the participating countries does not establish an agreement and also does not include an agreement between the highest national transport authorities can be achieved. Unofficial table of contents

§ 12 Application

(1) The application for authorisation shall include:
1.
in all cases
a)
the name and place of residence of the applicant and, in the case of natural persons, the birthday and place of birth,
b)
information as to whether the applicant already has or has a permit for a mode of transport;
c)
a description of the measures taken to achieve the most extensive barrier-free use of the transport requested in accordance with the statements in the local transport plan (Article 8 (3) sentence 3),
d)
the beginning and the end of the period of validity requested;
e)
where appropriate, proof of a public service contract within the meaning of Article 3 (1) of Regulation (EC) No 1370/2007;
2.
on a tramway or trolleybus
a)
a general map in which the requested route with stops and all the railway lines, trolleybus lines, motor vehicle lines and shipping lines already existing in the transport area, the latter as far as they are used for the purpose of professional transport, are drawn up,
b)
Transport charges and timetable,
c)
at the request of the approval authority, a construction plan with a cost estimate and a description of the installation, information on the highest and lowest position of the contact wire, longitudinal and cross-sections, and plans for necessary changes to public roads, description of the vehicles, including the schematics and the operating mode;
3.
on a regular service with motor vehicles
a)
a general map in the form referred to in point 2 (a),
b)
the length of the line, in the case of a foreway operation, also of the subsections, in kilometers,
c)
information on the number, type and capacity of the vehicles to be used (seat and standing places);
d)
Transport charges and road map;
4.
in the case of occasional transport by motor vehicles
a)
Transport form of occasional transport (§ 46),
b)
Information on the number, type and capacity (seats) of the vehicles to be used.
By way of derogation from point 3 (3) (a) of the first sentence of the first subparagraph of Article 42a (1), a general map in which the requested route is marked with stops and by way of derogation from the first sentence of point 3 (d) of the timetable shall suffice. (1a) In order to: , the applicant may add further elements to the application for authorisation which are to be described as binding assurances. (2) The application shall be accompanied by documents which shall be accompanied by a request for a binding request. Judgment on the reliability of the applicant and the security and (3) The approval authority may request further information and documents, in particular the submission of a police guide. In the case of a request for the approval of scheduled or occasional traffic with motor vehicles, the Federal Office of the Federal Republic of Germany has to request information on the applicant. (4) In the case of Section 3 (3), the approval procedure is to be applied only after the application of the authorisation procedure. , if the application for authorisation is also submitted for the operation. The procedures shall be inter-linked as far as possible. (5) The application for a permit for self-economic transport by trams, trolleybuses or motor vehicles on scheduled services shall be submitted no later than 12 months before the date on which the application is made. Start of the period of validity requested. The approval authority may allow late applications if an approved application has not been submitted. The approval authority may set other dates. This must be pointed out in the notice in accordance with § 18. Subsequently, amendments and amendments to applications are admissible only if they have been suggested by the approval authority in the public transport interest. (6) The competent authority intends to award a public service. The service contract referred to in Article 5 (2) to (4) of Regulation (EC) No 1370/2007 or under the fourth part of the Act against restrictions on competition shall be subject to the application for a permit for self-economic transport Trams, trolleybuses or motor vehicles on scheduled services not later than three months after the date of the Pre-announcement. The approval authority may, in agreement with the task carrier, authorise late applications. The agreement of the task holder referred to in the second sentence shall be deemed to have been granted if the transport commissioned by the task carrier does not comply with the requirements set out in section 8a (2) sentence 3 to 5 of the prior notice. (7) The request for Authorisation for transport by road, trolleybuses or motor vehicles on scheduled services within the meaning of Article 8a (1), first sentence, in conjunction with Article 3 (1) of Regulation (EC) No 1370/2007, shall be granted no later than six months before the start of the operation. of the period of validity requested. The approval authority may, upon request, reduce the time limit. (8) Paragraphs 5 and 6 shall not apply to long-distance passenger transport (§ 42a sentence 1). Unofficial table of contents

§ 13 Requirement of approval

(1) The authorisation may only be granted if:
1.
the safety and performance of the holding are guaranteed;
2.
there are no facts which represent the unreliability of the applicant as an entreponator or the persons appointed for the management of the business,
3.
the applicant as an entreprer or the person ordered for the management of the business is subject to technical suitability and
4.
the applicant and the operators responsible for carrying out transport services shall have their registered office or establishment within the meaning of domestic commercial law.
The professional competence referred to in the first sentence of paragraph 3 shall be proved by an appropriate activity in a company of the road passenger transport or by the filing of an examination. (1a) By way of derogation from paragraph 1, in the case of transport by bus or coach, the Authorisation shall be granted only if the requirements laid down in Article 3 (1) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 May 2009 are met. 1 October 2009 establishing common rules for the admission to the occupation of road transport operator and repealing Council Directive 96 /26/EC (OJ L 327, 28.12.1996, p. 51). (2) In the case of road, trolleybus and regular services with motor vehicles, the authorisation to refuse shall be granted if:
1.
traffic is to be carried out on roads which are not suitable for reasons of road safety or because of their construction status;
2.
the transport requested is infringed by an exclusive right within the meaning of Article 2 (f) of Regulation (EC) No 1370/2007, which is the competent authority referred to in Article 8a (1) of a public service contract referred to in Article 3 (1) of the Regulation (EC) No 1370/2007, having regard to the conditions laid down in Article 8a (8) thereof,
3.
public transport interests are adversely affected by the traffic requested, in particular:
a)
the traffic can be handled satisfactorily by means of existing means of transport,
b)
that the transport requested should be carried out without any substantial improvement in the operation of the transport service, which is already being carried out by existing undertakings or railways,
c)
the undertakings or railways available for the operation of this transport, the necessary design of the transport within a period to be determined by the approval authority and, in so far as it concerns public transport , under the conditions set out in Article 8 (3) itself, or
d)
the requested traffic would trigger single, single-use lines or a sub-network from an existing transport network or from a line of lines defined in the local transport plan within the meaning of Article 8 (3).
Paragraph 2 (2) and (3) shall not apply to long-distance passenger transport (Section 42a, sentence 1). (2a) In public transport, authorisation may be denied if the requested traffic is not in conformity with a local transport plan within the meaning of Article 8 (3). is. The authorisation shall be refused if a request within the period laid down in § 12 (6) does not meet the requirements set out in the preliminary announcement or relates only to partial benefits, unless the competent authority is granted agreement with the approval authority on the derogations applied for. The authorisation shall be granted if the traffic requested and legally binding in its components is at least equivalent to the previous transport offer and, in addition, shall be subject to the further notice described in the preliminary notice. Requirements to ensure sufficient traffic control only insignificantly different. As a matter of principle, deviations from requirements relating to the route and stops, to the frequency of operation and the operating period, to the coordination of the timetables and to the accessibility of the accessibility are generally applicable. The same shall apply to the requirements for the application of related transport tariffs and conditions of carriage for which compensation is to be paid in accordance with Regulation (EC) No 1370/2007. Where these derogations relate to requirements which go beyond the existing transport supply, they shall be essential only if the operator who has so far operated the transport has been consulted on this and those requirements for the (2b) If a number of applications are made in local public transport which are wholly or partly related to the same or essentially the same transport performance, the selection of the To carry out the best transport service to the operator afterwards. In particular, the provisions of a local transport plan within the meaning of Section 8 (3) shall be taken into account. (2c) At the request of the task carrier, the approval authority shall be obliged to fulfil the requirements of paragraphs 1, 1a and 2, first sentence 1, point 1 (3) Where a movement has been operated by an entreprenter for years in a manner corresponding to the public transport interest, the following conditions shall apply: this circumstance, in public transport under the conditions laid down in § 8 (4) In the case of traffic with taxis, the authorisation should be refused if the public transport interests are adversely affected by the exercise of the the local taxing industry is threatened in its operational capacity. In this connection, account shall be taken, in particular, of the licensing authority's
1.
the demand for transport orders in the taxis,
2.
the amount of tax-density,
3.
the development of the earnings and cost situation, including the time of use,
4.
the number and causes of the business tasks.
In order to determine the impact of previously granted authorisations on public transport interests, the approval authority shall establish an observation period prior to the decision on new applications. The period of observation shall not exceed one year from the date of the last grant of a permit. (5) In the case of the granting of the permits for the traffic on the taxis, new entrants and existing entrepreneurs shall be duly taken into account. Within the groups the applicants are to be taken into account in the chronological order of receipt of the applications. An applicant shall be subject to subordinated treatment irrespective of the date on which the application is submitted, if:
1.
the taxing sector does not intend to operate as a main occupation,
2.
its undertaking has not operated as a main activity or has wholly or in part sold or leased within the last eight years, or
3.
its operating duty has not been properly complied with.
Only one authorisation may be granted to an applicant, provided that no more permits can be issued than the applicant is present. The authorisation shall be granted to new entrants for a period of two years; the rights and obligations arising from the authorisation shall not be transferred during this period. (6) In the case of legal persons governed by public law, the rights and obligations of the legal persons shall be subject to the following conditions: The conditions of approval referred to in paragraph 1 shall be deemed to have been granted. (7) In the case of approval in the cases referred to in § 2 (2) (2) and (3), paragraphs 2, 4 and 5, sentences 1, 2, 4, and 5 shall not apply. Unofficial table of contents

§ 13a (omitted)

Unofficial table of contents

Section 14 Hearing procedure

(1) Before the decision on the application for authorisation for the carriage of persons using trams, trolleybuses or with motor vehicles on scheduled services, the approval authority shall:
1.
listen to the operators operating in the catchment area of the transport requested by rail, tramway, trolleybus or regular service with motor vehicles;
2.
the opinions of the municipalities located in the catchment area of the traffic requested, in the case of county municipalities also of the counties, the task carriers and the collective organisations, insofar as these tasks are to be carried out for the task carrier or contractor , the local authorities responsible for the road construction load, the planning authorities responsible under national law and the authorities responsible for inspecting the road and other authorities whose tasks will be affected by the application;
3.
the chambers of commerce and industry, the trade unions concerned and the professional associations of the transport drivers, who can also hear further posts.
In the case of an application for a permit for road transport, trolleybuses, trolleybuses or motor vehicles on a regular basis, the consultation procedure shall not be taken until after the expiry of the period of application of Article 12 (5) or (6) of the application. (2) Before the decision on the application for a permit for the carriage of persons with motor vehicles in occasional traffic, the approval authority shall have the municipality in whose territory the company's registered office is situated. , the authority responsible for the inspection of the trade and industry, and the industry and The Chamber of Commerce, the trade unions and transport associations to hear the opinions of the trade unions. It may also hear further posts. (3) The approval authority may depart from the conduct of the consultation procedure if it does not wish to comply with the application on its own knowledge of the facts or in the cases of § 2 para. 2 the implementation of the hearing procedure. Consultation procedure is not required for clarification of the facts. Where there is a request for a vehicle exchange in the case of occasional traffic with motor vehicles (4) The persons and entities referred to in paragraphs 1 and 2 may submit a written statement to the approval authority. Opinions shall be taken into account if they are received by the Authority within two weeks after the Authority has notified the aforementioned of the application. (5) In the case of applications for authorisation for cross-border applications, the Authority shall take the necessary measures to ensure that: The provisions of paragraphs 1 to 4 shall not apply to transit traffic or to transit traffic. In the case of applications for authorisation for long-distance passenger transport (Section 42a, first sentence), only the entrepreneurs whose rights may be affected in accordance with Article 13 (2) shall be heard in accordance with the first sentence of paragraph 1 of the first sentence of paragraph 1; the first sentence of paragraph 1, point 3, shall not apply. Unofficial table of contents

§ 15 Grant and approval of the authorisation

(1) The decision on the application shall be made in writing; it shall be notified to the applicants and, in so far as these objections have been raised, to the persons and entities referred to in § 14 (1) (1) and (2). The application shall be decided within three months of receipt by the approval authority. If the examination of the application cannot be completed during that period, the period before its expiry shall be extended in an interim notification to be submitted to the applicants for the period of time necessary to complete the examination. The extension of the period referred to in the second sentence may not exceed three months. The authorisation shall be deemed to have been granted if it is not failed within the time limit. The time limit for a decision on an application for a permit for a road, trolleybus or motor vehicle in regular service shall begin at the earliest with the first calendar day following the expiry of the application period in § 12 Paragraph 5 or 6. (2) If the decision on the application has become indisputable, an approval certificate shall be issued to the applicant. A legal person may not be given the certificate of approval until the registration has been registered in the register. (3) The authorisation may be granted subject to conditions and conditions, provided that these secondary provisions are within the scope of the of the law and of the legal regulations adopted pursuant to this Act. If further components within the meaning of Article 12 (1a) have been added to the application for a permit, their compliance must be secured by means of a requirement for approval, in the control of which the competent authority may be involved in their request. (4) The Approval may not be granted on a provisional basis or with a reservation of revocation. (5) The approval authority shall inform the competent professional association of the granting of the authorisation. Unofficial table of contents

Section 16 Duration of authorisation

(1) The period of validity of the permit for tramway and trolleybus transport shall not exceed 15 years. It may be laid down for a longer period under the conditions laid down in the second sentence of Article 4 (3) and in paragraph 4 of Regulation (EC) No 1370/2007. In the case of the re-issuing of authorisation, the period of validity shall be calculated in such a way as to comply with the approval of agreements and decisions on the use of public roads in accordance with Article 31 (2) and (5). If the transport service requested is the subject of a public service contract within the meaning of Article 3 (1) of Regulation (EC) No 1370/2007, the period of validity of the authorisation may be the duration of the public service contract (2) The period of validity of the permit for regular services with motor vehicles shall be calculated taking into account the public transport interests. It shall not exceed ten years. The authorisation may be laid down for a longer period under the conditions laid down in the second sentence of Article 4 (3) of Regulation (EC) No 1370/2007. If the transport service requested is the subject of a public service contract within the meaning of Article 3 (1) of Regulation (EC) No 1370/2007, the period of validity of the authorisation may be the duration of the public service contract do not exceed. § 8 (3) must be taken into account in local public transport. (3) A request for a permit for commercial traffic in the local public transport sector is significantly reduced from the previous transport offer and secures the competent authority. the approval authority shall grant the award of a public service contract corresponding to the previous transport offer, the period of validity of the authorisation shall be such that it shall end at the time the competent authority is deemed to have been awarded the contract. The date of the planned uptake of the traffic to be guaranteed. If the competent authority does not implement its assurance, the period of validity of the authorisation shall be redefined in accordance with paragraphs 1 and 2. (4) The period of validity of the licences for occasional transport by bus and coach shall not exceed ten years and for other occasional traffic with motor vehicles for a maximum period of five years. Unofficial table of contents

§ 17 Approval Certificate

(1) The approval certificate shall contain:
1.
Name, residence and residence of the entrepre,
2.
the name of the type of transport for which the permit is granted, in the case of occasional services with passenger cars, the form of transport,
3.
the period of validity of the permit,
4.
any conditions and conditions,
5.
the name of the supervisory authority,
6.
in the case of tramway or trolleybus traffic, the route and, in the case of section 28 (4), an indication of the reservation,
7.
In the case of regular services with motor vehicles, the line
8.
in the case of occasional services with passenger cars, the official registration plates of the motor vehicles to be used.
(2) In the case of an exchange of motor vehicles in occasional services with passenger cars, the contractor shall submit the approval certificate to the approval authority for supplementing it. The same shall apply if the trader no longer uses a motor vehicle in occasional transport with passenger cars. (3) The granting of the authorisation may only be granted by the approval certificate or by an official copy or in the case of the Occasional transport by bus and coach by means of a certified copy of the Community licence referred to in Article 4 of Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 December 2009. 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 which includes the addition of "Gilt also as a permit for carriage in intra-German occasional transport". (4) In occasional traffic with motor vehicles, the approval certificate or a -certified official copy or a certified copy of the Community licence during the journey and, at the request of the person responsible, for the examination of the certificate. In the case of regular services with motor vehicles, the first sentence shall apply only if the certificate of approval contains a corresponding edition. (5) If a permit has become invalid in contrast to the expiry of the expiry date, the certificate of approval shall be drawn up without delay. If this is not possible, it shall be declared powerless at the expense of the entrepre. Unofficial table of contents

Section 18 Information on the approval authority

The approval authority shall, at the end of each calendar year, in the Official Journal of the European Communities, have a list of all authorisations intended for public transport by road, trolleybuses, trolleybuses or motor vehicles on scheduled services. To make the European Union aware of it. The notice shall contain the following information:
1.
line guidance,
2.
the period of validity,
3.
an indication that the application for authorisation for the continued operation of the transport may be made in the time limits set out in the first sentence of Article 12 (5) or the first sentence of paragraph 6.
(2) The notice referred to in paragraph 1 may include the information required by Article 7 (2) of Regulation (EC) No 1370/2007 and the information required by the competent authority pursuant to Article 8a (2) sentence 2 of this Act. In this case, the three-month time limit for the application for the authorisation of a transport shall be laid down in particular by way of derogation from the first sentence of Article 12 (6). Unofficial table of contents

§ 19 Death of the entrepre

(1) After the death of the entrepellant, the heir may provisionally carry out the holding or transfer that power to a third party; the same shall apply to the executor of the executor, the estate manager or the administrator of the estate during a period of a (2) The power shall lapse if not the heir or the third party within three months of the expiry of the period laid down for the expiry of the succession, or the second subparagraph of paragraph 1, second subparagraph of Article 1 (2) of the Persons referred to in half-sentence within three months of the date of acceptance of their office or of the appointment of the Authorisation has been requested; a period of time spent in the person of the heir will also have an effect on the administrator of the estate. § 13 (2) and (4) do not apply in the examination of the permit application. If the application is accepted, the date on which the approval of the legal forerunner would have expired shall be determined as the date of the expiry of the authorisation. (3) In the case of entrepreneurs who have a duty to work pursuant to § 21, the approval authority shall have to ensure that the holding is not interrupted. If the operation of the persons referred to in paragraph 1 is not continued on a provisional basis, the approval authority may, for the transitional period to maintain the holding, grant a temporary permit pursuant to § 20 to another. (4) In the case of The acquisition or business incapacity of the entrepre or the person appointed for the management of the business may carry a third party to the enterprise for up to one year. In duly substantiated special cases, this period may be extended by six months. Unofficial table of contents

Section 20 Inauguration Permit

(1) Where an immediate establishment, extension or substantial modification of a regular service with motor vehicles is in the public transport interest, the approval authority in whose district the traffic is to be operated shall be entitled to: The applicant shall grant a revocable convoy, and the conditions set out in Article 13 (1) or (1a) must be fulfilled. The grant shall also be disclosed to the entrepreneurs referred to in § 14 (1) (1) (1). (2) The temporary permit shall be issued in writing. It must contain
1.
the reference to this provision, with the addition that the single authorisation does not give rise to a right to be granted a permit,
2.
Name, residence and residence of the entrepre,
3.
Duration,
4.
any conditions and conditions,
5.
Line guide.
(3) The one-time permit shall be issued after six months, unless it is revoked in advance. In the cases referred to in Article 5 (5) of Regulation (EC) No 1370/2007, the temporary authorisation may be limited to a period of up to two years. It shall not be entitled to an authorisation. Section 15 (3) and (5) shall apply accordingly. (4) § 17 (3), (4) and (5) shall apply accordingly. Unofficial table of contents

§ 20a

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Section 21 Operating duty

(1) The trader shall be obliged to commend the operation approved to him and to maintain the public transport interests and the state of the art accordingly during the period of validity of the permit. The subject of the obligation to operate is all components of the approval and the components of the permit application which are guaranteed in accordance with Section 12 (1a). (2) The approval authority may set a time limit for the operator to commend the operation. (3) In the Local public transport may require the approval authority to extend or amend the transport operated by it if the public transport interests require it and the operator takes account of it its economic situation, a sufficient rate of return and repayment of the Investment capital and the necessary technical development can be expected. Articles 14, 15 and 17 shall apply in accordance with the procedure laid down in Articles 14, 15 and 17. (4) The approval authority may, on his application, temporarily or temporarily apply the obligation referred to in paragraph 1 for the whole or part of the traffic which it operates. If the fulfilment of the obligation to work is no longer possible, or in the light of its economic situation, sufficient interest and repayment of the investment capital and the necessary technical development, it shall be subject to the obligation to pay the service. can no longer be put to the test. In addition, the obligation to pay for part of the transport operated by the trader under paragraph 1 may, as a general rule, be carried out only if the public transport interest does not prevent it. For components of the permit application, which have been guaranteed by the contractor in accordance with § 12 paragraph 1a, the fulfillment of the operating duty remains as a rule reasonable. Until the decision on the application is made, the trader shall maintain the traffic. The approval authority shall inform the competent authority of an intended release in sufficient time for it to take an emergency measure pursuant to Article 5 (5) of Regulation (EC) No 1370/2007. (5) In the field of long-distance passenger transport (§ 42a, first sentence) the trader may, without prejudice to paragraph 4, indicate to the approval authority that he intends to stop the traffic. In this case, the operating obligation shall end three months after the notification has been received by the approval authority. Unofficial table of contents

Section 22 Transport duty

The trader shall be obliged to transport if:
1.
the conditions of carriage are complied with,
2.
the transport is possible with the regularly used means of transport, and
3.
the transport is not prevented by circumstances which the trader cannot avoid and which he or she cannot remedy.
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§ 23 Liability for property damage

The trader can only exclude liability for damage to property in relation to any person carried by the person in so far as the damage exceeds EUR 1,000 and is not based on intent or gross negligence. Unofficial table of contents

§ 24

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Section 25 Revocation of authorisation

(1) The approval authority shall revoke the authorisation if:
1.
no longer have all the conditions laid down in Article 13 (1), first sentence, points 1 to 3,
2.
in the case of self-economic operations, the operating obligations are not met in a sustainable manner, or
3.
in the case of a return pursuant to Article 8a (1) sentence 2 in conjunction with Article 3 (1) of Regulation (EC) No 1370/2007, after the competent authority has been established, there is no longer any effective public service contract.
In particular, the required reliability of the operator is no longer provided if, in spite of a written warning, its transport undertaking does not comply with the rules on road safety or the obligations under which it is based. The approval authority may revoke the authorisation if the conditions set out in § 13 (1), first sentence, of the first sentence of the first sentence of the first sentence of paragraph 1 of this Act are met. Number 4 is no longer available, or the entrepre is the legal person who is legally responsible (3) At the request of the approval authority, the competent authority has not complied with any of the tax obligations arising out of the law. (3) To demonstrate that the conditions set out in Article 13 (1) (1) (4) are met and that the obligations otherwise specified in paragraph 2 are fulfilled. The financial authorities may notify the approval authorities of the repeated non-performance of the tax obligations arising from the undertaking or the delivery of the property information in accordance with § 284 of the tax code. (3a) To the extent that, in the case of bus and coach transport, an authorisation is not to be withdrawn in accordance with Article 13 (3) of Regulation (EC) No 1071/2009, the competent authority shall revoke the authorisation if the facts are retrospected in order to prevent the use of such bus or bus. would have had to lead to professional qualifications. Article 13 (1) of Regulation (EC) No 1071/2009 shall apply accordingly. (4) Paragraphs 1 to 3a shall apply mutatily to the revocation of the authorisation for the transfer of the management of the plant. Unofficial table of contents

Section 25a Undertaking of passenger transport transactions

Where a situation justifies the assumption that, in the case of transport by bus and coach, the operator or the transport manager does not meet the requirements for the reliability referred to in Article 6 of Regulation (EC) No 1071/2009, the trader may: or the head of transport shall not be allowed to take the lead from road passenger transport operations. The submission procedure may be carried out independently of a procedure for revocation of the authorisation. At the request of the trader or the transport manager, the management of road passenger transport operations shall be allowed again by the authority which has prohibited the management of road passenger transport operations if the facts justify the adoption of such a transaction: there is no longer any unreliability in the sense of sentence 1. The resumption of the management of road passenger transport operations may be permitted only if there are special reasons for this before the end of a year following the validity of the submission of the subsac. Unofficial table of contents

§ 26 Erasing of authorisation

The authorisation shall be issued
1.
in the case of a tramway, trolleybus or regular service with motor vehicles and a taxi service, if the trader
a)
the operation has not been received by the approval authority within the time limit set by the approval authority; or
b)
is permanently released from the obligation to maintain the entire traffic that has been authorised;
2.
in the case of taxi traffic, if the operator transfers his/her registered office to another municipality.
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§ 27 Forced Measures

As far as this law is carried out by the authorities of the Länder, the compulsory administrative procedure shall be governed by the provisions of the national law.

III.
Special provisions for the various modes of transport

A.
Trams

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Section 28 Plan determination

(1) Trams for trams may be constructed only if the plan is previously identified. When determining the plan, the public and private concerns, including environmental compatibility, which are in contact with the project must be taken into account in the context of the assessment. (1a) A plan approval may be replaced by a plan approval decision. shall be granted if:
1.
the project is not a project for which an environmental impact assessment must be carried out in accordance with the Environmental Impact Assessment Act,
2.
with the institutions of public interest whose remit is to be affected, and
3.
The rights of others are not or are not significantly affected, or the persons concerned have agreed to the use of their property or another right in writing.
The planning authorisation shall have the legal effects of the plan determination and shall not apply the rules relating to the planning of the planning procedure. Section 75 (4) of the Administrative Procedure Act and the relevant national provisions apply accordingly. Prior to the imposition of an administrative court action, no investigation is required in a preliminary procedure. (2) Plan determination and planning approval are of insignificant importance in the event of changes and extensions. Cases of insignificant importance shall be provided where:
1.
it is not a change or extension for which an environmental impact assessment must be carried out in accordance with the Environmental Impact Assessment Act,
2.
other public concerns are not affected or where the necessary administrative decisions are available and they do not conflict with the plan; and
3.
The rights of others are not affected, or the relevant agreements are concluded with those affected by the plan.
(3) Construction plans in accordance with § 9 of the Construction Code shall replace the planning approval in accordance with paragraph 1 and the planning approval pursuant to paragraph 1a, provided that the plant has been designated operating systems for trams. If an extension of the operating facilities is necessary, a development plan is incomplete or should be deviated from the fixing of the development plan, the plan determination must be carried out in this respect. § § 40 and 43 (1), (2), (4) and (5) as well as § 44 (1) to (4) of the Construction Code are applicable. Section 29 (3) shall not apply. (4) An authorisation pursuant to section 9 (1) (1) may only be granted subject to a planning approval required under paragraphs 1 to 3 or to a plan approval or subject to a consent given in accordance with paragraph 2 (2). The planning procedure may be carried out at the same time as the approval procedure. Unofficial table of contents

Section 28a Amendment block, pre-emption law

(1) As soon as the plan is interpreted or otherwise given the opportunity to see the plan, the areas affected by the plan, until they are used, shall be allowed to significantly increase the value of the land or the planned construction measures. Changes are not made (change lock). Changes which have been initiated in a legally permissible manner beforehand, maintenance work and the continuation of a previously exercised use will not be affected by this. Inadmissible changes are not taken into account in the arrangement of arrangements and facilities and in the compensation procedure. (2) Dauert the change lock over four years, the owners can for the resulting asset disadvantage (3) In the cases referred to in the first sentence of paragraph 1, the trader shall be entitled to a right of pre-emption on the areas concerned. Unofficial table of contents

Section 29 Planning Authority

(1) Planning authority shall be the approval authority in accordance with § 11. Pursuant to Section 28 (1) of the Administrative Procedure Act, the planning permission shall be granted in accordance with Section 28 (1) (1a) or shall take the decision pursuant to Section 28 (2) (1a) of the Administrative Procedure Act with the following measures:
1.
Consultation of the opinions of the authorities whose remit is affected by the project and the interpretation of the plan in the municipalities in which the project is likely to have an impact shall be taken by the Hearing Authority within a period of Month after the institution of the project has submitted the plan to it.
2.
The authorities whose remit shall be affected shall deliver their opinions within a time limit to be set by the Hearing Authority, which shall not exceed three months.
3.
The municipalities shall issue the plan within three weeks of access. They make the design known locally.
4.
The discussion in accordance with Section 73 (6) of the Administrative Procedure Act shall complete the hearing authority within three months of the end of the application period. It shall deliver its opinion in accordance with Section 73 (9) of the Administrative Procedure Act within one month of the conclusion of the discussion.
5.
In the event of a change of an operating system for trams, a formal discussion within the meaning of Section 73 (6) of the Administrative Procedure Act and Section 9 (1) sentence 2 of the Act on Environmental Impact Assessment (EIA) may be waiver. Before the completion of the planning procedure, the users shall be given the opportunity to express their views. The opinion of the Hearing Authority pursuant to Section 73 (9) of the Administrative Procedure Law shall be submitted within six weeks of the end of the application period.
The measures shall apply accordingly if the procedure is governed by an administrative procedure law. (2) If objections are raised against the plan on the basis that public interests in the field of federal authorities or by Authorities acting on behalf of the Federal Government are affected and an agreement between the planning authority and the aforementioned authorities is not reached, the planning authority decides in consultation with the Federal Ministry for Economic Cooperation and Development (BMWB). for transport and digital infrastructure. (3) An agreement is reached on In the case of non-national railways or of cable companies, the planning authority has to obtain the decision of the authority determined by the Land government and to base the plan determination on the basis of the plan. (4) Objections to the plan, which will be levied at the end of the application period, shall be excluded. This shall be indicated in the notice of interpretation or the period of application of the application. Opinions received by the authorities after the date of discussion shall not be taken into account when the plan is established, except where public concerns of the planning authority submitted by a public authority shall not be taken into consideration. (5) The decision on the determination of the plan is to be notified to those who have decided to grant the right to appeal; the provisions of the Administrative Procedure Act on the disclosure shall remain unaffected. (6) Before a survey is carried out An administrative court action against a plan-determination decision or a planning permission for the construction or the modification of operating facilities for trams does not require an investigation in a preliminary proceedings. The action against a plan-determination decision or a planning permission for the construction or the modification of operating systems for trams does not have a suspensive effect. The request for an order for the postponement action to be taken against a decision on the planning of a decision or a planning permission pursuant to § 80 (5) sentence 1 of the Administrative Court order can only be made within one month after the date of delivery of the Planning approval decision or planning permission shall be provided and justified. If facts later arise which justify the arrangement of the suspenseding effect, the application for the planning permission or the planning permission can be based on a request based on this request in accordance with § 80 (5) sentence 1 of the Administrative court order within a period of one month. The time limit shall begin at the time when the complain becomes aware of the facts. (7) The plaintiff shall, within a period of six weeks, indicate the facts and evidence serving to justify his action. § 87b (3) and (§ 128a) of the Administrative Court apply accordingly. (8) deficiencies in the consideration of public and private matters touched upon by the project are only significant if they appear to have an obvious influence on the result of the assessment of influence. have been. Significant defects in the weighing or infringement of procedural or formal requirements only lead to the termination of the planning approval decision or to the planning permission if it is not due to a plan supplement or a supplementary procedure. § § 45 and 46 of the Administrative Procedure Act and the corresponding national provisions remain unaffected. Unofficial table of contents

§ 29a Premature possession of the property

(1) If the immediate start of construction work is necessary and the owner or owner refuses to possess a land required for the construction or modification of a tramway plant, subject to agreement, subject to all In the case of compensation claims, the expropriation authority shall have the trader in possession upon request for the determination of the plan or the granting of the planning permission. The plan-setting decision or the planning permission must be fully enforceable. Further conditions are not required. (2) The expropriation authority has to negotiate orally with the parties at the latest six weeks after the receipt of the application for possession of the property. To this end, the contractor and the interested parties are to be invited. In so doing, the person concerned must be informed of the request for possession. The charge period shall be three weeks. With the summons, the persons concerned shall be asked to submit any objections to the application before the oral proceedings with the expropriation authority. They must also be pointed out that, even in the case of non-appearance, the application for possession of the property and other applications to be made in the proceedings can be decided. (3) Where the condition of the land is of importance, the The expropriation authority shall establish it in a minutes until the beginning of the oral proceedings, or be determined by an expert. A copy of the minutes or the result of the investigation must be sent to the parties concerned. (4) The decision on the possession of the property must be sent to the trader and the person concerned no later than two weeks after the oral proceedings. The transfer of possessions shall take effect in the date referred to by the expropriation authority. This date shall be set at a maximum of two weeks after the date of notification of the pre-possession order to the immediate owner. The owner of the property is removed from the possession of the property and the owner of the property is owner. The contractor may carry out the construction project, which is referred to in the application for possession of the property, and take the necessary measures. (5) The entreprender has to do so for the purpose of the advance possession of the property. In so far as the disadvantages are not compensated for by the interest in compensation for the deprivation or restriction of property or other law, compensation shall be paid. The nature and amount of the compensation shall be determined by the expropriation authority in a decision. (6) If the identified plan or the planning permission is removed, the early possession of the property shall also be lifted and the previous owner shall be returned to the to possess the property. The trader has to pay compensation for all the special disadvantages caused by the possession of the property. (7) An appeal against an early possession of the property does not have a suspensive effect. The request for an order for the postponing effect pursuant to § 80 (5) sentence 1 of the Administrative Court order can only be filed and justified within one month after the notification of the possession-in-order decision has been made. Unofficial table of contents

§ 30 Enpropriation

The expropriation shall be permitted insofar as it is necessary for the execution of a construction project established or approved in accordance with § § 28, 29. The plan or plan approval shall be based on the expropriation procedure and shall be binding on the expropriation authority. Moreover, the expropriation laws of the Länder apply. Unofficial table of contents

§ 30a Compensation procedure

To the extent that the trader is obliged, on the basis of a planning decision or a planning authorisation, to pay compensation in cash and, by way of the amount of the compensation, no agreement between the person concerned and the trader , at the request of one of the parties, a decision shall be taken by the competent authority in accordance with the law of the country; the laws of expropriation of the countries shall apply in accordance with the procedure and the legal proceedings. Unofficial table of contents

Section 31 Use of public roads

(1) The trader shall have the consent of the carrier to be attached to the road construction load if:
1.
a public road is to be used by the tram,
2.
Operating systems of trams cross a public road.
(2) Agreements on the amount of a pay for the use of a public road require the approval of the approval authority. Existing contracts between the trader and the carrier of the road-building load remain unaffected. (3) If a public road used by a tram is extended or moved, the carrier of the road-building load may be extended by the trader require a contribution to the cost of extending or laying the roads. It must be taken into account whether and to what extent the extension or route of the road is caused by road, other road transport or other reasons. The second sentence of paragraph 2 shall apply. (4) At the request of the carrier of the road building load, the trader shall, at the end of the permit, remove the operating facilities of the tram and restore the road. (5) In the cases referred to in paragraph 1, (6) The contractor's agreements with the carrier of the road load on the use of public roads shall be subject to the decision of the plan, or in the Planning permission to be noted. Unofficial table of contents

§ 32 Third Party Dulduty Obligations

(1) have owners or other users
1.
to tolerate measurements, soil and groundwater tests, including the temporary affixing of marks and other preparatory work necessary for the planning of operational facilities and trams, if the the approval authority shall agree to this work,
2.
To tolerate the installation or erassion of holding devices for electrical lines, signals and stops by the operator or by the representative of the person concerned. Working, operating or business premises may only be entered with the consent of the owner of the housing during the respective working hours or business hours, and only during the respective working hours or in the business hours. The intention to carry out preliminary work shall be communicated to the owner or other authorized user at least two weeks in advance immediately and in the municipalities in whose territory preparatory work is to be carried out in a local manner.
(2) The approval of the approval authority for the preliminary work shall not constitute a claim for the granting of the authorisation pursuant to § 9 para. 1 no. 1. (3) An obligation to pay the technical equipment referred to in paragraph 1 (2) shall be decided upon in the course of the planning procedure for the construction of new trams for trams. Otherwise, the approval authority shall decide. (4) In the case of damage caused by preparatory work, the installation, setting up or removal of technical equipment, the contractor shall pay compensation. Section 31 (5) shall apply accordingly. For the assertion of compensation claims, the ordinary legal path is given. Unofficial table of contents

§ § 33 to 35 (omitted)

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Section 36 Building and maintenance obligations

(1) The entrepre shall be obliged to build the trams approved to him for trams and, during the period of validity of the permit, to maintain the public transport interests and the state of the art accordingly. (2) The approval authority may set a time limit for the operator within which the operating facilities are to be built. Unofficial table of contents

Section 37 intake of the holding

Authorisation to commend the operation of the trams shall be granted by the approval authority, in agreement with the authority responsible for technical supervision. Unofficial table of contents

§ 38

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Section 39 Transport charges and conditions

(1) Transport charges and their modification shall be subject to the approval of the approval authority. With the consent, the transport charges are generally binding. In so far as the transport charges are the subject of a public service contract, the competent authority of the approval authority shall indicate this; in such case, the approval shall be deemed to have been granted. (2) The approval authority shall have the following: Transport charges shall, in particular, examine whether they are appropriate in the light of the economic situation of the entreprenchment, a sufficient return and repayment of the investment capital and the necessary technical development. The consent to a change in the rates of transport is generally not granted if it is contrary to a binding assurance pursuant to Section 12 (1a). (3) The rates of transport as determined in accordance with paragraph 1 shall not be allowed to be over-or shall be subject to a uniform application. Reductions which do not benefit everyone under the same conditions shall be prohibited and void. (4) The approval of the transport charges may be revoked by the approval authority after consultation of the entreponent, if the In this case, the approval authority may, after consulting the operator, otherwise fix the transport charges. (5) An increase in the rates of transport shall enter into force at the earliest on the seventh day following the date of publication. (6) Conditions of carriage must be submitted for approval before the approval authority has been introduced, insofar as they differ from the General Conditions of Carriage (Section 57 (1) (5)) for the company in individual cases (Special Conditions for Transport). Transport conditions). The same applies to changes in the specific transport conditions. The second sentence of paragraph 1 and the second sentence of paragraph 2 shall apply mutaly. The approval authority may require a modification of the conditions of carriage if the circumstances in which it is set have changed substantially or if the improvement of transport in an area is new to the , which may be taken into account by a modification of the special conditions of carriage. (7) The transport charges and the special conditions of carriage shall be made known by the trader prior to their introduction; the Notice shall be published in the rooms designated for the stay of the passengers to hang out. Unofficial table of contents

Section 40 Travel plans

(1) The timetable shall include the guidance of the line, its exit and end points, and the stops and driving times. (2) Timetables and their modifications shall require the approval of the approval authority. The changes to the timetable are excluded, which are carried out due to temporary disturbances on the holding or on special occasions and which are valid for a period of no more than one month, as well as other minor changes in the timetable. If changes in the timetable affect the interests of other transport undertakings, they shall be heard before the consent is given. The timetable changes referred to in the second sentence shall be notified to the approval authority. The approval authority may object to the changes in the timetable displayed within a period of two weeks if the conditions set out in the second sentence are not met; the changes in the timetable may then not enter into force. To the extent that the timetables are the subject of a public service contract, the competent authority shall notify it to the approval authority. In this case, consent shall be deemed to be granted. (2a) The approval of a change in the timetable shall not normally be granted if it is contrary to a binding assurance pursuant to Section 12 (1a). (3) The approval authority may apply for a change of timetable. Economic transport changes to the road map if the relevant circumstances have changed substantially or if the improvement of transport in an area results in new points of view which may be caused by a change in the road transport system. Road map can be taken into account. The approval authority shall refrain from this if the changes are not made to the trader, taking account of its economic situation, a sufficient return on the investment capital and the necessary technical development. (4) roadmaps and timetable changes are to be made public by the operator. In addition, the valid timetables shall be affixed to the rooms intended for the passengers ' stay. At least the departure times are to be displayed at the stops. The contractor shall be obliged to provide the approval authority with the travel schedule in a suitable electronic format for checking compliance with the driving schedule requirements and for the use in cross-company to provide information systems on a timely and free basis.

B.
Traffic with Obussen

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Section 41 According to applicable regulations

(1) The provisions of § § 28 to 30 and § § 32, 36 and 37 shall apply accordingly to the erection of construction and operating facilities for the trolleybus traffic. (2) For the erection of construction and operating facilities on public roads, the (3) In addition, the provisions of § § 39 and 40 are to be applied accordingly to the trolleybus traffic.

C.
Line transport with motor vehicles

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Section 42Definition of the definition of regular services

Regular traffic is a regular traffic connection established between certain exit points and end points, where passengers can get in and out at certain stops. It does not presuppose that there is a timetable with certain departure and arrival times, or that intermediate stops are established. Unofficial table of contents

§ 42a long-distance passenger transport

Long-distance passenger transport is the regular service with motor vehicles, which is not part of the public transport of passengers within the meaning of Article 8 (1), and is not part of the special forms of regular service pursuant to section 43. The carriage of persons between two holding points shall be prohibited if:
1.
the distance between these stops is not more than 50 km, or
2.
between these stops, rail passenger transport with a travel time of up to one hour is operated.
Derogations shall be granted in the permit, upon request, for individual partial routes, where:
1.
there is no adequate supply of local transport services, or
2.
the passenger potential of existing transport services is not significantly affected.
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Section 42b Technical requirements

Bus and coach buses used in long-distance passenger transport must comply with the requirements of Annex VII to Directive 2001 /85/EC of the European Parliament and of the Council of 20 November 2001 on special provisions for vehicles Passenger transport with more than eight seats in addition to the driver's seat and amending Directives 70 /156/EEC and 97 /27/EC (OJ L 206, 22.7.1997, p. 1) shall be in accordance with the version in force at the time of the first authorisation of each bus and shall be equipped with at least two parking spaces for wheelchair users. Unofficial table of contents

Section 43 Special forms of regular transport

As a regular service, no matter who determines the course of the journey, the traffic which, with the exclusion of other passengers, is subject to the regular transport of
1.
Working people between the home and the workplace (professional transport),
2.
Pupils between the home and the educational institution (school trips),
3.
persons to visit markets (market trips),
4.
Theatre visitors
is used. The regularity is not ruled out by adapting the course of the journeys to the changing needs of the parties involved. Unofficial table of contents

Section 44

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Section 45 Other provisions

(1) § 32, insofar as this provision relates to the affixing or setting-up of holding marks, shall apply mutatis merly to the regular services of motor vehicles; the approval authority shall decide without any obligation on the obligation to pay the right to pay the right to pay. (2) § § § 39 and 40 shall be applied to the regular services of motor vehicles, with the following measures:
1.
Section 39 (1) to (5) and (7) shall not apply to long-distance passenger transport;
2.
Section 40 (3) shall not apply to long-distance passenger transport; by way of derogation from the first sentence of Article 40 (2), the approval authority shall be subject to an indication in the case of changes in the timetable for long-distance passenger transport; provided that the approval authority is subject to changes to the timetable indicated within a period of one month, they shall not enter into force.
(3) In the case of the forms of transport according to § 43, the approval authority may comply with the provisions relating to the duty to operate (§ 21), the obligation to transport (§ 22), the transport charges and conditions (§ 39) and the timetables (§ 40). or partially dispense. In the case of the special forms of regular services (§ 43), Section 13 (2), first sentence, points 2 and 3 shall apply in such a way that account shall be taken, in particular, of the concerns of professionals and employers, as well as of pupils and educational institutions.

D.
Compensation

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§ 45a Compensation obligation

(1) In the traffic with trams and trolleybuses, as well as in regular services with motor vehicles in accordance with Articles 42 and 43 (2), the trader shall be compensated for the carriage of persons with the time-travel arrangements of the training transport on request, in accordance with the conditions laid down in of paragraph 2, if and to the extent that:
1.
the yield from the transport charges authorized for such promotions is not sufficient to cover the costs to be calculated in accordance with the second sentence of paragraph 2, and
2.
the trader has requested, within a reasonable period of time, the agreement to adapt the transport charges levied in the abovementioned forms of transport to the conditions of return and the costs.
(2) In the form of compensation, 50% of the difference between the yield obtained in the forms of transport referred to in paragraph 1 for the transport of persons with the time-travel arrangements of the training sector shall be granted, and the amount of the compensation shall be equal to 50% of the difference between the yield and the amount of the difference between the yield Product from the passenger kilometers provided in this traffic and the average transport-specific costs. The average transport-specific costs within the meaning of this provision shall be the rates of cost per person-kilometre, determined by the national governments or by the authorities authorised by them by means of a decree-law, by means of a regulation Average values of individual representative enterprises, which are economical and efficient, are defined in a flat-rate manner. In this case, different cost rates for the rail and non-rail transport as well as various transport regions. The compensatory amount resulting from the application of the first sentence shall be reduced by 4 per cent for 2004, 8 per cent for 2005 and 12 per cent each year from 2006. (3) The compensation referred to in paragraphs 1 and 2 shall be granted by the country, in the territory of which the traffic is operated. If the traffic also extends to the territory of another country, the compensation shall be based on the part of the benefits provided in the country concerned. (4) The approval authority shall decide on the compensation, or the compensation shall be taken by the State Government designated authority. The decision may be accompanied by conditions intended to improve the economic results of the services provided in the forms of transport referred to in paragraph 1. If the contractor does not comply with such conditions or does not fully comply with such conditions, compensation shall be granted only to the extent that it would have been calculated in the event of compliance with the conditions. (5)

E.
Occasional transport by motor vehicles

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Section 46 Forms of occasional transport

(1) occasional transport is the carriage of persons with motor vehicles which are not regular services in accordance with § § 42, 42a and 43. (2) As forms of occasional transport, only permitted forms of transport are permitted.
1.
Traffic with taxis (§ 47),
2.
Excursions and holiday destination-travel (§ 48),
3.
Transport by bus and coach and by car (§ 49).
(3) In places with more than 50 000 inhabitants or in the places of less than 50 000 inhabitants designated by the higher administrative authority, a permit for the carriage of taxis and car rental may not be granted for the same passenger car. Unofficial table of contents

Section 47 Transport with taxis

(1) Transport with taxis is the transport of persons with passenger cars, which the trader holds at official authorised points and with which he carries out journeys to a destination determined by the passenger. The trader may also receive transport orders during a journey or at the place of business. (2) Taxation may only be kept in the municipality in which the entrepre has its registered office. Trips to previous orders may also be carried out by other municipalities. The approval authority may, in agreement with other approval authorities, permit the holding of authorities approved by the authorities outside the operating parish and establish a larger district. (3) The State Government shall be authorized to: by means of a legal regulation the scope of the duty to regulate the order at taxis, as well as details of the service operation. It may delegate the authorisation by means of a legal regulation. In particular, provisions may be adopted in the regulation on:
1.
the holding of taxis in special cases, including on-call time,
2.
the adoption and execution of distance-oral driving orders;
3.
the driving and radio operation,
4.
the promotion of disabled persons and
5.
the transport of the sick, in so far as these are not promotions in accordance with § 1 para. 2 no. 2.
(4) The obligation to transport consists only of journeys within the scope of the transport charges (compulsory driving range) fixed in accordance with § 51 (1) sentence 1 and 2 and 2 (2) sentence 1. (5) The rental of taxis to self-drivers is prohibited. Unofficial table of contents

§ 48 Excursion Trips and Holiday Destination-Travel

(1) Cruises are journeys made by the entrepre person by bus and coach or by passenger cars according to a particular plan drawn up by him and to a common purpose for all participants and for the purpose of a common excursion. The journey must be returned to the starting point. Passengers must be in possession of a ticket valid for the entire journey, which shall show the route and the transport charge. In the case of excursions which are carried out as package tours, the indication of the total fee in place of the transport fee is sufficient in the ticket. (2) Holiday destination-trips are trips to recovery visits, which the entreptite with bus or coach or bus A passenger car, according to a specific plan drawn up by him, offers and carries out a total fee for transport and accommodation with or without food. Only return tickets and these can only be issued on the name of the passenger. The passengers shall be brought to a destination of the same destination for all participants and shall be returned to the starting point of the journey. On the return journey, only passengers who have brought the entreptier to the destination may be transported. (3) (omitted) (4) The provisions of § § 21 and 22 shall not apply. Unofficial table of contents

Section 49 Transport with rental buses and rental cars

(1) Transport by bus and coach is the carriage of passengers by bus and coach, which are only rented for transport purposes and with which the trader carries out journeys whose purpose, destination and expiry of the tenants is determined. The participants must agree on a related group of people and on the destination and the course of the journey. (2) The conditions set out in the first sentence of paragraph 1 shall not be met if journeys are mediated with indication of the driving destination. Rental buses are not allowed to be offered on public roads or squares. (3) The requirements of § § 21 and 22 are not applicable. (4) Transport with a rental car is the carriage of persons with passenger cars, which only in the whole of the transport, and by means of which the contractor carries out journeys whose purpose, destination and expiry of the tenants are determined and which are not traffic with taxis in accordance with § 47. In the case of a car, only transport orders received at the place of business or in the accommodation of the entreprenter may be carried out. Once the contract has been carried out, the rental car shall return immediately to the place of use, unless it has a new transport order before the journey from its registered office or apartment or during the journey. . The receipt of the contract of transport at the place of business or in the apartment shall be recorded in the accounts of the rental car operator and the recording shall be kept for one year. The acceptance, placement and execution of transport orders, the holding of the rental car as well as the advertising of car rental services must not be suitable, either alone or in connection with the vehicle, for a change in the amount of the taxi traffic. Signs and characteristics reserved for taxis may not be used for rental cars. § § 21 and 22 are not to be applied.

Footnote

§ 49 (4) sentence 3: In accordance with the decision formula, compatible with the GG, BVerfGE v. 14.11.1989; 1990 I 108-1 BvL 14/85, 1 BvR 1276/84-
§ 49 (4) sentence 4: In accordance with the decision formula, compatible with the GG, BVerfGE v. 14.11.1989; 1990 I 108-1 BvL 14/85, 1 BvR 1276/84-
Section 49 (4) sentence 5: In accordance with the decision-making formula, compatible with the GG, BVerfGE v. 8.11.1983; 1984 I 105-1 BvL 8/81- Unofficial table of contents

§ 50

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Section 51 Transport fees and conditions in the taxen transport

(1) The Land Government shall be authorized to fix transport charges and conditions for the carriage of taxis by means of a regulation. The Regulation may, in particular, provide for rules on:
1.
Basic prices, mileage prices and time prices,
2.
Surcharges,
3.
advance payments,
4.
the accounting,
5.
the payment method and
6.
the admissibility of special agreements for the compulsory driving range.
The State Government may transfer the authorisation by means of a regulation. (2) Special agreements for the compulsory driving range shall be permitted only if:
1.
a certain period of time, a minimum number of passengers or a minimum turnover per month,
2.
an order of the transport market is not disturbed,
3.
the transport charges and conditions are agreed in writing; and
4.
is a requirement for authorisation or notification in the regulation.
(3) In the determination of the rates and conditions of transport, Articles 14 (2) and (3) and 39 (2) shall apply accordingly. (4) The authorized bodies may be responsible for an area which is the responsibility of one of the transport charges and (5) In order to apply the rates and conditions of transport, § 39 (3) shall apply accordingly. Unofficial table of contents

§ 51a

-

IV.
Foreign transport

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Section 52 Cross-border traffic

(1) For the carriage of persons in international traffic with motor vehicles by entrepreneurs who have their registered office in Germany or abroad, unless otherwise specified, the provisions of this Act and the provisions of this Act shall apply. Legal provisions adopted. Companies that have their registered office abroad are not to be applied
1.
Section 13 (1), first sentence, point 4; and
2.
Article 13 (1a), in so far as Article 3 (1) (a) of Regulation (EC) No 1071/2009 is to be complied with.
(2) The authorisation of international scheduled services required by this Act shall be granted for the German subsection by the authority designated by the Land Government in consultation with the Federal Ministry of Transport and Digital Infrastructure. Section 11 (2) to (4) shall apply accordingly. During the production of the Benehmens, the time limit for the decision on the application pursuant to § 15 (1) sentence 2 to 5. (3) of a permit for the cross-border occasional traffic of entrepreneurs who have their registered office abroad, shall be subject to the following conditions: It does not require, as far as appropriate agreements exist with foreign countries. If such an agreement does not exist or is to be carried out by way of derogation from the terms of the Convention on cross-border occasional traffic, the Federal Ministry of Transport and Digital Infrastructure may, or one of its competent authority shall grant appropriate applications. For the German section, the permit for cross-border holiday destinations shall be granted to the authority designated by the Land Government, in the territory of which the holiday destination is to be completed. By way of derogation from Article 9 (1) (4), the authorisation for cross-border occasional transport by coach and coach shall also be granted for the form of occasional transport. (4) The border police and customs offices at the borders shall be entitled to: To reject motor vehicles unless the necessary authorisation is submitted, the co-management of which is required. The Federal Ministry of Transport and Digital Infrastructure may, in the event of repeated or serious violations of the provisions of this law and the law based on this law, be entitled to a company with a registered office outside the scope of this Act. Regulations and regulations of the Regulations of the European Communities and of the International Conventions on Cross-border Transport Permanently or temporarily from the traffic in or through the Federal Republic of Germany excluding. Unofficial table of contents

§ 53 Transit-(transit) traffic

(1) For the carriage of persons in transit (transit) with motor vehicles which is in contact with the territory of the scope of this Act with the exclusion of inter-German intermediate traffic, unless otherwise specified, the Provisions of this Act and the legal regulations adopted for this purpose. Do not apply
1.
Section 13 (1), first sentence, point 4; and
2.
Article 13 (1a), in so far as Article 3 (1) (a) of Regulation (EC) No 1071/2009 is to be complied with.
(2) The authorisation of a transit route shall issue the authority designated by the Land Government, in whose territory the first border crossing takes place at the time of entry, in consultation with the Federal Ministry of Transport and Digital Infrastructure. § 11 (3) and (4) must be applied accordingly. (3) § 52 (3) applies to the occasional transport from abroad by the territory of the scope of this law, however, in the case of holiday destinations, it is the national government competent authority in whose territory the first border crossing takes place at the entrance. Section 52 (4) shall apply accordingly.

V.
Supervision, audit powers

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Section 54 Supervision

(1) The trader shall be subject to the provisions of this Act and to the legal regulations adopted for this purpose and to compliance with the obligations imposed by the authorisation (conditions, conditions) of the supervision of the Approval authority. The authority designated by the provincial government may authorise the approval authority to transfer the supervision of the carriage of lines and occasional vehicles with motor vehicles to subsequent authorities. The technical supervision of trams and trolleybus companies is exercised by the authority designated by the Land Government. Technical supervision may be delegated by the State Government to other bodies by means of a legal regulation. Exceptions to this are the tasks in accordance with § 9 (1) of the tramway construction and operating order of 11 December 1987 (BGBl. 2648) and in accordance with Section 8 (1) and Section 9 (1) of the Road Railway Operations Manager Examination Ordinance of 29 July 1988 (BGBl. I p. 1554). To the extent that the technical supervision is transferred to another body, it must not act on its own behalf in accordance with Article 5 (2) of the Road Rail Construction and Operating Regulations. (2) The Supervisory Authority may be subject to any of its responsibilities. Inform the institutions and actions of the entreprenter. The operator shall immediately notify the supervisory authority of any significant changes without request. By way of derogation from the second sentence, the operator shall notify the supervisory authority of any changes to the data referred to in points (a) to (d) of the first subparagraph of Article 16 (2) of Regulation (EC) No 1071/2009 within 28 days of the movement of buses and coaches. (3) The supervisory authority may encourage undertakings operating a bus and/or coach station to regulate the use of line and occasional traffic with motor vehicles and the holding in such a way as to ensure that the traffic is properly handled and that the obligations of the competent authorities are fulfilled. Section 39 (7) and section 40 (4) can be satisfied. Unofficial table of contents

Section 54a Examination authority of the approval authority

(1) The approval authority may carry out the necessary investigations in order to carry out the supervision and preparation of its decisions by agents, in particular:
1.
Take a look at the books and business papers,
2.
Request information from the contractor and the persons involved in the business. The person responsible for providing the information may refuse to provide information on such matters, the answer to which he or she himself or one of the members of the risk of criminal prosecution referred to in § 383 (1) to (3) of the Civil Procedure Code or a procedure under the Law on Administrative Offences.
For the purposes set out in the first sentence, the premises and premises used for business operations may be entered within the usual business hours and hours of work. The contractor and the persons involved in the business operations shall provide the authorized representative of the approval authority with the necessary tools and provide the necessary ancillary services in the investigation. (2) The provisions of paragraph 1 shall apply also for the authority empowered to determine the cost rates in accordance with section 45a (2). Unofficial table of contents

§ 54b Risk classification

The supervisory authorities shall set up a risk classification system within the meaning of the third sentence of Article 12 (1) of Regulation (EC) No 1071/2009. The frequency and intensity of the checks shall be based on the number and extent of the infringements, as specified in the implementing rules for Article 6 (2) (b) of Regulation (EC) No 1071/2009. Unofficial table of contents

§ 54c Transport company file

In the transport company file according to § 15 of the German Road Transport Act, all commercial freight and commercial passenger transport companies established in Germany will be operated by bus and coach.

VI.
Redress procedures and fees

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§ 55 Pre-trial procedure for the challenge of administrative acts

A preliminary procedure shall also be required if an administrative act is challenged, which has been issued by a top national transport authority or by the Federal Ministry of Transport and Digital Infrastructure. Section 29 (6) sentence 1 shall remain unaffected. Unofficial table of contents

§ 56 Fees

The acts adopted pursuant to this Act and the legislation based on this Act, as well as regulations or legislation implementing directives of the Council or of the Commission of the European Communities shall be subject to the following conditions: costs (fees and expenses) to the person who arranges the act of office or for the benefit of which it is carried out. The creditor is the legal entity whose authority carries out the act of office, and also the legal entity with whose authority the expenses have been incurred. In addition, the Administrative Costing Act shall apply in the version valid until 14 August 2013.

VII.
Adoption of legal regulations and general administrative provisions

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Section 57 Legal Regulations

(1) The Federal Ministry of Transport and Digital Infrastructure shall, with the consent of the Federal Council, adopt by means of a legislative decree the implementation of this Act, international agreements and the regulations of the Council or the Commission of the Rules required by the European Communities
1.
on trams and trolleybuses; these rules
a)
the requirements for the construction and facilities of the operating facilities and vehicles and their operating mode,
b)
the safety and order of the holding and the protection of the operating facilities and vehicles against damage and disturbance;
2.
on the operation of road transport undertakings in the field of passenger transport;
a)
the requirements for the construction and facilities of the vehicles used in these undertakings,
b)
the safety and order of the holding;
3.
on requirements relating to the competence, suitability and behaviour of the operating staff and the appointment, confirmation and verification of plant managers and their duties and powers;
4.
the proof of the conditions for the approval referred to in Article 13 (1) or (1), and in particular the conditions under which a holding must be considered to be capable of performing, the reliability of the any person or person appointed for the management of the business, and the conditions under which an activity is appropriate, the examination material, the examination committee and the examination procedure; in addition, it may be determined that: the cases of operators, holders of certificates for State-recognised training occupations and graduates of high-and technical schools are exempted from the proof of adequate activity or the filing of an examination;
5.
on uniform General Conditions of Carriage for Road and Trolleybus Services and for scheduled services with motor vehicles and, subject to the first sentence of Article 51 (1), for occasional transport by motor vehicles;
6.
on the order of international transport and transit, the organisation, including the clarification of competing responsibilities, the procedure and means of control and the exemption of undertakings with a registered office in the Abroad from the permit requirement for occasional services or from compliance with other regulatory provisions of this Act, to the extent that reciprocity is guaranteed;
7.
(dropped)
8.
the general exemption from the provisions of this law is granted for certain transport cases, which are not particularly important in the context of the overall transport;
9.
which determine who is the trainee within the meaning of Article 45a (1), which cost components should be taken into account in calculating the compensation, which procedure is to be used for the granting of the compensation, which information the application has to the granting of the compensation and the determination of the yield and the kilometre of persons;
10.
which determine the chargeable event in scheduled services and occasional services, and fix fixed rates or sets of fees. The charges may not exceed EUR 2 500 on scheduled services, EUR 1 500 for occasional services;
11.
for the description of the facts which may be punished as an administrative offence pursuant to Section 61 (1) (5).
(2) The legal regulations referred to in paragraph 1 (1) may also contain provisions for protection against harmful environmental effects within the meaning of the Federal Immission Control Act (Bundesimmissionsschutzgesetz), where emission limit values may be taken into consideration in the light of technical developments shall also be fixed at a time after the entry into force of the Regulation. Regulations according to the first sentence are issued by the Federal Ministry of Transport and Digital Infrastructure and by the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety. The authorization provided for in the first sentence shall not apply, in so far as § 43 of the Federal Immission Control Act applies. (3) Legal orders referred to in paragraph 1 (1) may also determine how to provide proof of compliance with these provisions, (4) In so far as it requires public safety, individual provisions of the legal regulation adopted pursuant to paragraph 1 (2) may be applied to: be extended to be exempted pursuant to § 2 of the permit requirement or for which (6) The Federal Ministry of Transport and Digital Infrastructure shall exercise the authorization referred to in paragraph 1 (10) in the area of the fees of the State authorities. the basis of an application or an opinion from at least five countries at the Federal Ministry of Transport, Building and Urban Development. The application or the opinion shall be justified by an estimate of the personnel and material costs. The Federal Ministry of Transport and Digital Infrastructure may also provide the other countries with an estimate of the staff and personnel costs. Ask for any kind of effort. Unofficial table of contents

§ 58 General administrative provisions

The general administrative provisions necessary for the implementation of this Act shall be adopted by the Federal Government with the consent of the Federal Council. Unofficial table of contents

§ § 59 and 59a (omitted)

VIII.
Fines

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§ § 60 and 60a (omitted)

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§ 61 Administrative Offences

(1) Contrary to the law, those who intentionally or negligently act
1.
Persons with trams, trolleybuses or motor vehicles without the authorization required under this Act, or the constipation, or the conditions of approval or consant permission or conditions in a decision in accordance with § 45a, paragraph 4, sentence 2;
2.
operate a tramway, trolleybus or a regular service with motor vehicles, without the approval of the transport charges or timetables required by this Act being granted by the approval authority;
3.
the provisions of this Act on
a)
the obligation to provide communication in the event of malfunctions in the transport sector resulting in the temporary use of motor vehicles (Article 2 (5) sentence 2);
b)
the carrying and handing out of documents (§ 17 para. 4, § 20 para. 4),
c)
Compliance with the obligation to transport (§ 22) or the transport charges (§ 39 para. 3, § 41 para. 3, § 45 para. 2, § 51),
d)
the announcement of the transport charges, the special conditions of carriage and the valid timetables (§ 39 para. 7, § 40 (4), § 41 (3), § 45 (3)),
e)
the traffic with taxis (§ 47 para. 2 sentence 1 or para. 5),
f)
Excursions and holiday destination-travel (§ 48 para. 1 to 3) or
g)
Bus and coach transport and rental cars (§ 49 para. 2 sentence 2 and para. 4)
shall be contrary;
3a.
does not make a communication, not correct, not complete or timely, contrary to Article 54 (2) sentence 3,
3b.
Contrary to Section 54a (1), the information is not provided, inaccurate, incomplete or not in time, does not submit the books or business documents, does not submit them in full or in due time, or refuses to carry out checks;
4.
a legal provision or a full written provision which has been adopted under this law or by legislation based on that law, to the extent that the law and the enforceable expressly refer to this provision, or
5.
of a directly applicable provision in European Community acts which are subject to a content of
a)
Point 1 or
b)
Number 2, 3 or 3b
(2) In the cases referred to in paragraph 1 (1) and (5) (a), the administrative offence may, in the cases referred to in paragraph 1 (1) and (5) (a), correspond to the provisions of the provisions of the provisions of the provisions of the provisions of the provisions of the provisions of the provisions of the provisions of a fine of up to twenty thousand euros, in the other cases with a fine of up to ten thousand euros. (3) Administrative authority within the meaning of section 36 (1) (1) of the Code of Administrative Offences is the approval authority or the authority designated by the provincial government. The provincial government may transfer the authorisation to the competent supreme state authority. In the cases of Section 52 (3) sentence 2, the Federal Office for the Transport of Goods is the administrative authority within the meaning of Section 36 (1) (1) of the Law on Administrative Offences. (4) In the cases referred to in paragraph 1, the administrative offence may be based on and after International agreements shall also be punished if they are committed in the area of common border handling facilities outside the territorial scope of this law.

IX.
Transitional and final provisions

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Section 62 Transitional provisions

(1) Public service contracts within the meaning of Article 3 (1) of Regulation (EC) No 1370/2007 may, by way of derogation from Article 5 (2) to (4) of Regulation (EC) No 1370/2007, be awarded until 31 December 2013. Authorisations granted prior to 1 January 2013 shall remain effective until the expiry of the period of validity contained in the approval certificate. The validity and effectiveness of other legal relationships, in particular public service contracts within the meaning of Regulation (EC) No 1370/2007, which have been concluded before 1 January 2013, shall not be amended by the amendment of the law. (2) In so far as this is demonstrably essential for technical or economic reasons, the Member States may, by way of derogation, determine the date referred to in the third sentence of Article 8 (3) and determine the collection of exception stocks, which shall be subject to a restriction of the (3) § 42b applies from 1 January 2016 to: Buses which are for the first time approved for transport and after the end of 31 December 2019 for all buses and coaches. Unofficial table of contents

Section 63 Exclusion of national law

The following provisions of the administrative procedure cannot be deviated by national law:
1.
§ § 5, 8a (2) sentence 2, § § 9, 12, 15, 16, 17 (1) and (2), § § 20, 25 and 29 (1);
2.
The first sentence of Article 52 (1) and the first sentence of Article 53 (1), in conjunction with the provisions of point 1;
3.
Section 29 (2), § 52 (2), first sentence, and § 53 (2) sentence 1;
4.
§ 11 (4), § 52 (2) sentence 2 and § 53 (2) sentence 2, respectively in conjunction with Section 11 (4), § 52 (3) sentence 3 and § 53 (3) sentence 1.
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Section 64 Other laws

(1) The provisions of this Act shall:
1.
of the Road Traffic Act of 19 December 1952 (BGBl. 837), as well as the provisions adopted pursuant to this Act,
2.
of the Liability Law as amended by the Notice of 4 January 1978 (BGBl. 145),
3.
(dropped)
4.
The Law on compulsory insurance for motor vehicle holders of 5 April 1965 (BGBl. 213) and
5.
The law on civil liability insurance for foreign motor vehicles and their trailers of 24 July 1956 (BGBl. I p. 667)
(2) The provisions of the Act concerning measures to maintain the operation of public transport railway undertakings of 7 March 1934 (RGBl. 91), as amended by Section 9 (4) of the General Railway Act of 29 March 1951 (BGBl. 225) shall be applied on trams and on trolleybus undertakings, subject to the proviso that the competent supervisory authority within the meaning of the aforementioned law is the licensing authority designated by the Land Government, and that, where a Tram or trolleybus company affecting the territory of several countries, the approval authority designated by the provincial government, its decision in agreement with the approval authority determined by the provincial government of the participating country meets. Unofficial table of contents

§ 64a Replacement of federal legal provisions by national law

The Länder may, with effect from 1 January 2007 § 45a and § 57 (1) No. 9, as well as the provisions for which Article 57 (1) no. 9 are authorized to enact, replace them with national law. Unofficial table of contents

Section 65 Exceptions to trams

For trams within the meaning of § 4 (1) and (2), the following guidelines shall not apply:
1.
Council Directive 95 /18/EC of 19 June 1995 on the licensing of railway undertakings (OJ L 134, 30.4.1995, p. OJ L 143, 27.6.1995, p. 70);
2.
Directive 2001 /14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure (OJ L 197, 21.7.2001, p. 29), which was last amended by Directive 2007 /58/EC (OJ L 327, 30.12.2007, p. OJ L 315, 3.12.2007, p.44);
3.
Directive 2004 /49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways and amending Council Directive 95 /18/EC on the licensing of railway undertakings and of the Directive 2001 /14/EC on the allocation of railway infrastructure capacity, the levying of charges for the use of railway infrastructure and the safety certificate ('Railway Safety Directive ') (OJ L 197, 21.7.2001, p. 44), which was last amended by Directive 2009 /149/EC (OJ L 164, 30.4.2009, p. OJ L 313, 28.11.2009, p.65);
4.
Directive 2007 /59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating locomotives and trains on the rail system in the Community (OJ L 327, 27.12.2007, p. OJ L 315, 3.12.2007, p.51);
5.
Directive 2008 /57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system in the Community (recast) (OJ L 378, 27.9.2008, p. 1), as last amended by Directive 2011 /18/EU (OJ L 327, 18.12.2011, p. OJ L 57, 2.3.2011, p. 21).
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§ 66 Reporting obligation

The Federal Ministry of Transport and Digital Infrastructure shall submit a report to the German Bundestag by 1 January 2017 on whether the provisions of the law amending the law on passenger transport of 14 December 2012 (Federal Law Gazette) (BGBl). 2598), and the impact of the opening up of the market on long-distance passenger transport, including in terms of social and working conditions for mobile workers. Unofficial table of contents

Annex EV Excerpt from EinigVtr Annex I, Chapter XI, Area B, Section III
(BGBl. II 1990, 889, 1105)
-measures in respect of the territory which has been acceded (Art. 3 Unification)-

Section III
Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:
...
15.
Passenger Law in the version of the Notice of 8 August 1990 (BGBl. 1690), with the following measures:
a)
Section 13 (4), § § 46, 48, 49, 51 (3) and (5) shall enter into force on 1 January 1993.
b)
Until 31 December 1991, the provisions of the annex to section 2 (2) of the Regulation on the repeal or repeal of the Regulation shall apply. Maintenance of legislation in the field of prices of 25 June 1990 (GBl. No 37 p. 472), the state-of-the-art price arrangements for road, O-Bus and scheduled services with motor vehicles as authorised transport charges within the meaning of Article 39 (1).
c)
Section 45a shall enter into force on 1 January 1992.
d)
For undertakings which are entitled to carry out the transport operations which are subject to authorisation by the date of accession, the approval shall be deemed to have been granted until 31 December 1991. The continuation of the company after that date shall require the timely collection of the authorisation under the Passenger Transport Act.
e)
Authorisations granted by companies pursuant to § 3 of the Regulation on commercial passenger transport of 20 June 1990 (GBl). No 40 p. 574) shall continue to apply until the expiry of the period of validity.
f)
Authorisations for the carriage of goods pursuant to § 1 (1) in conjunction with § 2 of the Ordination on the Commercial Passenger Transport of 20 June 1990 (GBl. No 40 p. 574) shall be considered as authorisations for special forms of regular service pursuant to § 2 para. 1 no. 3 in conjunction with § 43, insofar as they are not based on the exemption regulation of 30 August 1962 (BGBl. 601), as last amended by the Regulation of 30 June 1989 (BGBl I). 1273), are exempted from the provisions of the Passenger Transport Act.
g)
Pending procedures for the construction or modification of trams for trams in the area referred to in Article 3 shall be completed in accordance with the law on the carriage of passengers, if a final decision on the facts of the matter before the entry into force of the accession to the European Union has not yet been received.
...