Passenger Transport Law

Original Language Title: Personenbeförderungsgesetz

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Passenger Promotion Act (PBefG)

Non-official table of contents

PBefG

Date of issue: 21.03.1961

Full quote:

" Passenger Transport Act of 21. March 1961 (BGBl. 241), as defined by Article 482 of the Regulation of 31 December 2008. August 2015 (BGBl. I p. 1474) "

:Recaught by Bek. v. 8.8.1990 I 1690; last amended by Art. 2 para. 147 G v. 7.8.2013 I 3154
Note:Change by Art. 482 V v. 31.8.2015 I 1474 (No 35) to be found in the text, not yet finished in documentary

See the Notes
menu for details on how to stand.

Footnote

(+ + + Text proof from: 1.10.1983 + + +)
(+ + + measures due to the EinigVtr cf. PBefG Attachment EV + + +)

I.
General Rules

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§ 1 Scope of application

(1) The provisions of this law are subject to the pay or business Transport of persons with trams, trolleybuses (trolleybuses) and with motor vehicles. As a remuneration, economic advantages may also be considered, which are determined indirectly for the economic viability of a gainful employment in this way.(2) This law shall not be subject to carriage
1.
with passenger cars, if they are free of charge or the total fee does not exceed the operating costs of the journey;
2.
with ambulance, if it is sick, injured or other persons in need of assistance for the purpose of carrying out a medical treatment or the special equipment of the ambulance, or where such a car is to be expected on the basis of its condition.
Sentence 1 (1) shall also apply where: Promotions are business. Non-official table of contents

§ 2 Approval requirement

(1) Any person within the meaning of § 1 (1) (1) (1) style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
with tramways,
2.
with Obussen,
3.
with motor vehicles (§ § 42 and 43) or
4.
with motor vehicles in occasional transport (§ 46)
People must be in possession of a permit. He is an entrepre in the sense of this law.(2) The approval also requires
1.
any extension or substantial change of the Company,
2.
the transfer of rights and obligations under approval (approval transfer) as well as
3.
the transfer of the management to another.
(3) By way of derogation from paragraph 2, point 2, the rights and obligations arising from the authorisation may only be used in traffic with taxis. , if at the same time the whole undertaking or substantial self-employed and demarcable parts of the undertaking are transferred.(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 this is in the public sector Whereas it is necessary to ensure transport interest and is economically justifiable with regard to existing public transport services;(5) An authorisation shall not be required for 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, scope 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), but clearly expresses to the participants that the promotions are not from him It must not be in possession of a permit, but by a certain employer who is the holder of a permit under this law.(6) In the case of a transport which does not fulfil all the characteristics of a mode of transport or form of transport, authorisation may be granted in place of the refusal of authorisation in accordance with the provisions of that law to which such transport is to be carried out on the to the extent that public transport interests are not in conflict.(7) For the practical testing of new modes of transport or means of transport, the approval authority may, on request, in individual cases, derogations from the provisions of this Act or of provisions adopted pursuant to this Act for the duration of a maximum of four years to the extent that public transport interests are not in conflict. Non-official table of contents

§ 3 Entrepreneurs

(1) The approval is granted to the trader for a particular traffic (§ 9) and for his person. (natural or legal person).(2) The trader or the person to whom the management has been transferred shall operate the traffic on his own behalf, on his own responsibility and on his own account. In individual cases, the authority designated by the provincial government may allow for exceptions.(3) If trams are to be built by a trader other than the trader, the authorisation for their construction and for the management of the lines (section 9 (1) (1)) may be granted to the other; the rules of the operator in force for the trader The law and the legal regulations adopted pursuant to the law shall apply accordingly. Non-official table of contents

§ 4 trams, trolleybuses, motor vehicles

(1) Trams are rail tracks that are
1.
Use the traffic space of public roads and with their construction and operational In their mode of operation, the equipment and, in its mode of operation, shall be adapted to the nature of road transport, or
2.
shall have a special railway body and shall, in the manner of operation, be the one under
and exclusively or primarily for the carriage of persons in the area of the Orts or Neighbours.(2) Trams which are designed or constructed as high-and sub-trams, suspension tracks or similar lines of special design shall also apply exclusively or primarily to the transport of persons in the place or place of the ordeal; Adjacent areas are not mountain railways or cable cars.(3) In the sense of this law, trolleybuses are electrically driven road vehicles not tied to rails, which take their drive energy from a driving line.(4) Motor vehicles within the meaning of this Act are road vehicles which are moved by their own machine power without being tied to rails or a direction of travel, and that is
1.
Passenger cars: motor vehicles that are designed and equipped for the transport of no more as nine persons (including guides) are suitable and intended,
2.
coaches: motor vehicles which, according to their design and equipment, are used to transport more than Nine persons (including guides) are suitable and determined,
3.
lorries: motor vehicles according to their design and equipment for the carriage of goods
(5) Trailers which are carried by the vehicles referred to in paragraphs 1 to 4 for the carriage of passengers shall be treated as vehicles on the same footing as those moving on the road. (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

permits, confirmations and certificates, or their revocation under this law, or after a legal regulation or a 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. Non-official table of contents

§ 6 Prohibition Of Circumcession

The obligations of the entreprenchment under this Act shall be made by legal business or It does not affect company-law designs or dummy facts that are suitable for circumventing the provisions of the law. Non-official table of contents

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

(1) Passenger transport, which is subject to authorisation under this Act, may not be used for lorries and trailers of any kind, behind lorries or behind tractors.(2) The approval authority may, in individual cases, allow for exceptions. Non-official table of contents

§ 8 Promotion of traffic control and compensation for transport interests in local public transport services

(1) Local public transport for the purposes 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, suburb, or regional transport. This is in doubt the case where, in the majority of transport cases, the total travel distance does not exceed 50 kilometres or the total travel time does not exceed one hour.(2) Public transport services shall also be used for the use of taxis or rental cars, which shall replace, supplement or condense one of the modes of transport referred to in paragraph 1.(3) The authorities designated by the countries (task carriers) shall be responsible for ensuring that the public transport services are adequately operated in the public transport sector. 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 mobility or sensory impairment with the aim of using public transport services up to 1. January 2022 is a complete barrier-free access. The time limit referred to in the third sentence shall not apply, provided that exceptions 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 will be able to provide further details on the preparation and content of the local transport plans.(3a) The approval authority shall, within the limits of its powers under this Act, and having regard to the interest in an economic transport organisation, have an effect on the performance of the task assigned to the task holder in accordance with the first sentence of paragraph 3. It shall 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) In the case of agreements concluded by transport undertakings and for decisions and recommendations of associations of such undertakings, Section 1 of the Law on Competition Restrictions does not apply to the extent to which they serve the purpose of integration of the local transport service, in particular for transport cooperation, for the coordination or 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. A cartel authority which has such agreements, decisions or recommendations shall be notified in consultation with the competent licensing authority.(4) Transport services in local public transport are to be performed in a self-economic way. 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. Non-official table of contents

§ 8a Procurement of public service contracts

(1) As far as a sufficient traffic control is required for a total performance in accordance with Section 8a (2) sentence 4 or for a partial benefit is not possible in accordance with Section 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 in accordance with Section 8 (3).(2) Public service contracts within the meaning of Regulation (EC) No 1370/2007 for the transport of trams, trolleybuses or motor vehicles are at the same time public contracts within the meaning of Section 99 of the Act against restrictions on competition; the fourth part of the law against 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. It is possible to 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 shall be authorised, under the conditions laid down in Regulation (EC) No 1370/2007, to provide transport services on local transport as referred to in Article 5 (2) of Regulation (EC) No 1370/2007 itself or in accordance with Article 5 (2) and (2) of Regulation (EC) No 1370/2007. 4 of Regulation (EC) No 1370/2007.(4) In the award of a public service contract in accordance with Article 5 (3) and (4) of Regulation (EC) No 1370/2007 for the transport of trams, trolleybuses or motor vehicles, the interests of small and medium-sized enterprises are appropriate. shall be considered. In the case of the award of a public service contract in accordance with Article 5 (3) of Regulation (EC) No 1370/2007, benefits are to be allocated in a split-up form.(5) Where the competent authority intends to provide transport services on its own behalf or directly award it pursuant to Article 5 (2) or (4) of Regulation (EC) No 1370/2007, it shall have interested contractors, on request, on the reasons for the the proposed decision. The request shall be submitted within a period of six months from the date of the preliminary notice.(6) Companies 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 second and third sections of the investigation of the Fourth Part of the Law on Competition Restrictions. The examination possibilities of the supervisory authority of the competent authority shall remain unaffected.(8) The competent authority within the meaning of Regulation (EC) No 1370/2007 may, in the public service contract, grant 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. Non-official table of contents

§ 8b Competition award procedure

(1) A competitive procurement procedure as referred to in Article 5 (3) of the Regulation (EC) No 1370/2007 must comply with the requirements laid down in paragraphs 2 to 7.(2) Notice of competitive tendering procedure shall be open to all tenderers concerned. It can be published on the website www.bund.de. The 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 process,
2.
the certificate of the certificate, Reliability and performance (proof of suitability),
3.
Requirements for transmission of documents as well as
4.
award criteria including their intended weight.
(3) The services are to be described in a clear and comprehensive way so that all eligible bidders the description must be understood in the same sense and comparable offers can be expected. Time limits shall be appropriate, taking into account the complexity of the services provided.(4) The participants in the competitive tendering procedure shall be treated equally. The contract shall be awarded on the basis of the most economical offer, taking into account all the circumstances.(5) If subcontracting is authorised, it may be specified that the transfer of subcontracting shall be carried out in accordance with the principles of competition.(6) The award procedure shall be documented from the beginning on an ongoing basis. All essential decisions must be justified.(7) The task carrier shall immediately inform the unconsidered tenderer of the name of the selected company, of the reasons for its failure to take into account and of the earliest date of the assignment. § § 101a and 101b of the Act against Competition Restrictions apply accordingly.

II.
Approval

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§ 9 Scope of Approval

(1) The approval is granted
1.
in a traffic with trams for construction, operation and line guidance,
2.
on a traffic with trolleybuses for the construction, operation and line management,
3.
on a regular service with motor vehicles for the installation, the lines and the Operation,
4.
for an occasional carriage of buses and coaches for operation,
5.
at occasional transport by passenger cars for the form of occasional transport and the operation of certain motor vehicles, indicating their official registration plates.
(2) In so far as the objective of § 8 is required, it may in the cases of paragraph 1 (1) to (3) shall be authorised for a line or for several lines.(3) (dropped) (4) (omitted) Unofficial table of contents

§ 10 Decision in doubt

If the person concerned is subject to the provisions of this Act, or what type of transport or form of transport is a subject of transport, or who is an entreponent within the meaning of Article 3 (1) and (2), the person responsible for the registered office of the entreprent shall decide State Government designated authority. Non-official table of contents

§ 11 Approval Authorities

(1) The approval grants the authority designated by the state government.(2) Zuconstantly is
1.
for a tramway, trolleybus, or a regular service with motor vehicles, the Approval authority in whose district the traffic is to be operated exclusively,
2.
in the case of occasional traffic with motor vehicles, the approval authority, in the district of which the trader has its registered office or establishment within the meaning of commercial law.
(3) A tramway, trolleybus or a regular service with motor vehicles in the districts of several approval authorities in the same country , the approval authority is responsible, in whose district the line has 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) In order to operate a tramway, trolleybus or regular service with motor vehicles in a number of countries, the first and third sentences of paragraph 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. 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 reach agreement between the highest national transport authorities can be. Non-official table of contents

§ 12 Application

(1) The application for approval is to contain
1.
in all cases
a)
Applicant's name and place of residence and place of residence, also birthday and place of birth for natural persons,
b)
whether the applicant already has or has possessed approval for a mode of transport,
c)
a presentation of the measures to achieve the most extensive barrier-free use of the requested traffic according to the statements in the local transport plan (§ 8 para. 3 sentence 3),
d)
Start and end of the period of validity requested,
e)
if necessary, proof on a public service contract within the meaning of Article 3 (1) of Regulation (EC) No 1370/2007
2.
for a tramway or trolleybus traffic
a)
an overview map in which the requested route with stops and all in the traffic area already existing rail tracks, trolleybus lines, motor vehicle lines and shipping lines, the latter as far as they are used for professional transport,
b)
Carriage charges and roadmap,
c)
at the request of the approval authority a construction plan with Cost estimate and description of the installation, information on the highest and lowest position of the contact wire, longitudinal and cross-sections, as well as plans for necessary changes to public roads, description of the vehicles, including the circuit diagrams, and Mode of operation;
3.
on a regular service with motor vehicles
a)
a summary card in the form described in point 2 (a),
b)
the length of the line, Sub-route operation also of the sections, in kilometers,
c)
Details of the number, type and capacity (seat and standing places) of the Vehicles,
d)
Transport charges and schedule;
4.
at a Occasional transport with motor vehicles
a)
Transport form of occasional transport (§ 46),
b)
Details of the number, type and capacity (seats) of the vehicles to be used
the case of a long-distance passenger service (§ 42a, sentence 1) by way of derogation from the first sentence of point 3 (a), an overview 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 be sufficient to cover the route.(1a) In order to ensure that certain standards of the transport requested are binding, the applicant may add further elements to the application for authorisation, which are to be described as binding assurances.(2) Documents shall be accompanied by the application enabling a judgment to be given on the reliability of the applicant and the safety and efficiency of the establishment.(3) The approval authority may require further information and documents, in particular the presentation of a police certificate. In the event of a request for the approval of scheduled or occasional transport by motor vehicles, the Commission has requested the Federal Motor Transport Authority to request information on the applicant.(4) In the case of Section 3 (3), the authorisation procedure is to be initiated only if the application for the authorisation for the operation is also available. The methods are to be combined, if possible, with one another.(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 of commencement 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 shall be admissible only if they have been suggested by the approval authority in the public transport interest.(6) Where the competent authority intends to award a public service contract in accordance with Article 5 (2) to (4) of Regulation (EC) No 1370/2007, or in accordance with the fourth part of the Law on Competition Restrictions, the application shall apply to: To issue a permit for road transport on the road, trolleybuses or motor vehicles on scheduled services no later than three months after the advance notice. 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 the first sentence of Article 8a (2) of the third sentence of the preliminary announcement.(7) The application for a permit for the carriage of trams, 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 submitted no later than six months. months before the date of commencement of the period of validity requested. The approval authority may, upon request, shorten the time limit.(8) Paragraphs 5 and 6 shall not apply to long-distance passenger transport (Section 42a, sentence 1). Non-official table of contents

§ 13 Approval requirement

(1) The approval may only be granted if
1.
The security and performance of the operation are guaranteed
2.
There are no facts to do with the unreliability of the applicant as an entreprender or the person appointed to manage the business,
3.
the applicant as an entreprentee or the person ordered to manage the business is technically suitable and
4.
the applicant and the entreprender who is responsible for carrying out transport services, their registered office or their establishment in the sense of domestic commercial law '.
The professional competence referred to in the first sentence of the first sentence shall be demonstrated by an appropriate activity in a road passenger transport undertaking or by the filing of an audit.By way of derogation from paragraph 1, in the case of bus and coach transport, authorisation may 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. OJ L 300, 14.11.2009, p.51).(2) In the case of road, trolleybus, and scheduled services with motor vehicles, the approval shall be refused if
1.
The traffic is to be carried out on roads that are not suitable for reasons of traffic safety or because of their construction condition,
2.
the requested traffic is infringing an exclusive right within the meaning of Article 2 (f) of Regulation (EC) No 1370/2007, which is submitted by the competent authority in accordance with Article 8a (1) of a public service contract referred to in Article 3 (1) of Regulation (EC) No 1370/2007, having regard to the conditions referred to in Article 8a (8),
3.
due to the requested traffic, the public transport interests are impaired, especially
a)
The traffic can be serviced satisfactorily by existing means of transport,
b)
the requested Transport without a significant improvement of the transport operation should carry out transport tasks already perceiving existing companies or railways,
c)
the for the operation of such transport undertakings or railway undertakings, the necessary design of transport within a period to be determined by the approval authority and, in the case of local public transport, , under the conditions set out in Article 8 (3) itself, or
d)
the traffic applied for is a single-use line or a sub-network of a
2) and (3) does not apply to long-distance passenger transport (§ 42a, sentence 1). (2a) In the public sector, the following shall be considered: Local passenger transport may be denied authorisation if the transport requested is not in accordance with a local transport plan within the meaning of Article 8 (3). The authorisation shall be refused if a request in 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, from the further afield 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 under 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 sufficient traffic control is required.(2b) Where a number of applications are made in local public transport which are wholly or partly related to the same or substantially the same transport performance, the choice of the entrepre shall be made as to who is the best Traffic control offers. 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 holder, the approval authority shall be obliged to examine the fulfilment of the conditions set out in paragraphs 1, 1a and 2, first sentence, point 1, already in the procedure for the award of a public service contract.(3) If a traffic has been operated by an entrepre for years in a manner corresponding to the public transport interest, this circumstance, in the public transport sector under the conditions of section 8 (3), is appropriate to shall be taken into account, including in the case of paragraph 2 (3).(4) In the case of traffic with taxis, the authorisation should be refused if the public transport interests are affected by the fact that the use of the transport requested is a threat to the functional capacity of the local taxing industry. In this case, the district of the approval authority shall take into account in particular
1.
the demand for Transport orders in the taxi traffic,
2.
the tax-density,
3.
the development of the The income and cost situation, including the time of use,
4.
the number and causes of business tasks.
To determine the impact of earlier times, the Authorisations for public transport interests should be used by the approval authority for a period of observation before deciding 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 he
1.
The taxing industry does not intend to operate as a main occupation,
2.
its enterprise has not operated as a main occupation or within the last eight years. has been sold or leased in whole or in part, or if
3.
has not properly complied with its obligation to operate.
One applicant shall be entitled to Authorisation shall be granted, provided that no more permits can be issued, as applicants. The authorisation shall be granted to new entrants for a period of two years, and 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 conditions of approval referred to in paragraph 1 shall be deemed to have been fulfilled(7) In the case of approval in the cases of § 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)

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§ 14 Hearing procedure

(1) Prior to the decision on the application for authorisation for the carriage of persons with trams, trolleybuses or with motor vehicles on scheduled services, the Approval authority
1.
the entrepreneurs who are in the catchment area of the requested transport railway, Road, trolleybus or regular traffic with motor vehicles, to be heard;
2.
the opinions of the traffic requested in the catchment area of the traffic requested Municipalities, in the case of county municipalities also of the counties, the task carriers and the collective organizations, insofar as these tasks are carried out for the task carriers or entrepreneurs, the locally responsible carrier of the road construction load, which after National law competent planning authorities and the authorities responsible for industrial inspection and other authorities whose tasks are affected by the application;
3.
The chambers of industry and commerce, the affected trade unions and the professional associations of the traffic drivers to hear; it can also listen to more jobs.
an application for a permit for self-economic transport with trams, trolleybuses or motor vehicles on scheduled services shall be subject to the hearing procedure only after the expiry of the application period in § 12 (5) or (6).(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 registered office of the undertaking is situated, which shall, after the date of application, be the National law for the commercial inspection authority, the Chamber of Industry and Commerce, the trade unions and transport associations to hear the opinions of the experts. She can also hear more 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 if it does not, in the cases referred to in section 2 (2), do not comply with the hearings procedure. Clarification of the facts of the matter. If there is a request for an exchange of vehicles in the case of occasional traffic with motor vehicles, it is to be seen.The persons and entities referred to in paragraphs 1 and 2 may submit a written statement to the approval authority on the application. 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) Paragraphs 1 to 4 shall not apply in the case of applications for authorisation for cross-border occasional transport or for 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. Non-official table of contents

§ 15 Grant and approval of the approval

(1) The decision on the application is made in writing; it is the Applicants and, in so far as these objections have been raised, also to the persons and entities referred to in § 14 (1) (1) and (2). The application shall be made to the approval authority within 3 months of receipt. 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 (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 shown 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 law and 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 shall be secured by a requirement for approval, in the control of which the competent authority may be involved in their request.(4) The authorisation may not be granted on a provisional basis or subject to a reservation of withdrawal.(5) The approval authority shall inform the competent professional association of the granting of the authorisation. Non-official table of contents

§ 16 Approval period of validity

(1) The validity of the permit for tramway and trolleybus traffic is at most 15 years. It may be laid down for a longer period under the conditions set out 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 do not exceed.(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 observed in local public transport.(3) In the case of local public transport, an application for authorisation for self-economic transport is significantly reduced from the previous transport offer and ensures that the competent authority of the approval authority is awarded one of the previous In the case of a public service contract relating to transport, the period of validity of the authorisation shall be such that it shall end at the time when the competent authority is responsible for the date of the planned uptake of the public service contract. Traffic. If the competent authority does not implement its assurance, the period of validity of the authorisation shall be redefined in accordance with the provisions of paragraphs 1 and 2.(4) The period of validity of licences for occasional transport by bus and coach shall not exceed 10 years, and for other occasional transport by motor vehicles not more than five years. Non-official table of contents

§ 17 Approval Certificate

(1) The approval certificate must contain:
1.
entreprente's name, home and operating seat,
2.
Label of the type of traffic for which approval is granted, in occasional traffic with passenger cars, also the form of transport,
3.
Approval period,
4.
any conditions and constraints,
5.
Label of the regulator,
6.
for tramway or trolleybus traffic the lines and in case of traffic Section 28 (4), an indication of the reservation,
7.
on scheduled services with motor vehicles, the lines,
8.
in the case of occasional traffic 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 the The operator must submit the certificate of approval of the approval authority to the approval authority to supplement 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 means of the approval certificate or an official copy or, in the case of occasional transport by bus and coach, by 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 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 'Applies also as a permit for transport in intra-German occasional transport'.(4) In the case of occasional traffic with motor vehicles, the certificate of approval or a shortened official copy or a certified copy of the Community licence shall be carried on during the journey and, at the request of the competent person, for examination to be handed out. 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 an authorisation has become invalid in contrast to the expiry date of the deadline, 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. Non-official table of contents

§ 18 Approval Authority information obligation

(1) The approval authority has a list of all the permits that are public transport by road, trolleybuses, trolleybuses or motor vehicles, to be published in the Official Journal of the European Union at the end of each calendar year. The notice must contain the following information:
1.
the line guide,
2.
the period of validity,
3.
an indication that the request for approval for the continued operation of the
(2) In the notice referred to in paragraph 1, the notice referred to in Article 7 (2) of Regulation (EC) No 1370/2007 and the second sentence of Article 8a (2) of Regulation (EC) No 1370/2007 may be included in the notice referred to in Article 7 (2) of Regulation (EC) No 1370/2007. Law shall be recorded by the competent authority. In this case, the three-month period 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). Non-official table of contents

§ 19 death of the entrepre

(1) After the entrepre's death, the heir may provisionally continue the operation or Power shall be conferred on a third party; the same shall apply to the executor of the executor, the estate of the estate or the estate manager during the execution of the wills, the estate of the estate or the administration of the estate.(2) The power shall lapse unless 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 persons referred to in paragraph 1, second half-sentence, within three months of the date of the adoption of the The Office or its appointment have requested authorisation; a period of expiry, which has become effective in the person of the heir, shall also be effective against 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 worker would have expired shall be determined as the date of the expiry of the authorisation.(3) In the case of entrepreneurs with an obligation to operate according to § 21, the approval authority shall 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 section 20 to another.(4) In the event of the entreprity or incapacity of the entrepre or the person appointed for the management of the business, a third party may continue the business up to one year. In duly substantiated special cases this period may be extended by six months. Non-official table of contents

§ 20 Invocation permission

(1) If an immediate setup, extension, or substantial change of a In the case of regular services with motor vehicles in the public transport interest, the approval authority in whose district the traffic is to be operated may grant the applicant a revocable, subdued licence; the conditions of the § § 13 (1) or (1a) must be available. The grant shall also be disclosed to the entrepreneurs referred to in section 14 (1) (1).(2) The inconsant permit shall be issued in writing. It must contain
1.
the reference to this provision, with the addition that the inconsant permit a right to grant a permit is not justified,
2.
entrepre's name, residence and operating seat,
3.
Period of validity,
4.
any conditions and constraints,
5.
Line guide.
(3) The inversion permit is issued after six months, unless it is revoked previously. 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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§ 21 Operating duty

(1) The contractor is obliged to take up the operation approved for it and, during the period of validity of the permit, the public transport interests and the state of the art accordingly. shall be maintained. The subject of the operating obligation shall be all components of the approval and the components of the permit application as guaranteed in accordance with Section 12 (1a).(2) The approval authority may set a time limit for the operator to take up the holding.(3) In the case of local public transport, the approval authority may impose an obligation on the trader to extend or amend the transport operated by him if the public transport interests so require and that the operator takes account of the transport its economic situation, sufficient interest and repayment of the investment capital and the necessary technical development. § § 14, 15 and 17 apply accordingly for the procedure.The approval authority may temporarily or permanently release the trader on his request from the obligation referred to in paragraph 1 for the whole or part of the transport it operates if he is responsible for the fulfilment of the duty to operate is no longer possible, or can no longer be allowed to do so in the light of its economic situation, sufficient interest and repayment of the investment capital and the necessary technical development. 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, the trader has to maintain the traffic. The approval authority shall inform the competent authority of an intended decommitment in sufficient time for it to take an emergency measure pursuant to Article 5 (5) of Regulation (EC) No 1370/2007.(5) In the case of long-distance passenger transport (Section 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 receipt of the notification by the approval authority. Non-official table of contents

§ 22 Transport obligation

The operator is obliged to transport if
1.
Terms of transport are met,
2.
carriage with the regularly used means of transport is possible and
3.
the promotion is not prevented by circumstances that the entrepre does not devote to and which he cannot remedy as well.
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§ 23 Liability for property damage

The contractor can only exclude liability for damage to property in relation to any person carried, only insofar as the damage exceeds 1,000 euros and is not based on intent or gross negligence. unofficial table of contents

§ 24

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§ 25 Revocation of Approval

(1) The approval authority has to revoke the approval if
1.
no longer all the requirements of § 13 Paragraph 1 Set 1 Number 1 to 3 exist,
2.
In the case of non-profit-making 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.
The required reliability of the operator is no longer given, in particular, where the operator is responsible for the In spite of written warning, transport undertakings shall not be subject to the provisions of road safety or shall be contrary to the obligations imposed on the trader under this law or in accordance with the provisions of this Act shall be subject to the provisions adopted.(2) The approval authority may revoke the authorisation if the conditions of Section 13 (1), first sentence, point 4 no longer exist or if the entreptier has the labour law, social law or which he or she is legally responsible for the employment of the employer. The company has repeatedly failed to comply with tax obligations or has seriously infringed its obligations.(3) At the request of the approval authority, the contractor must demonstrate that the conditions set out in Article 13 (1), first sentence, point 4, are fulfilled 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 filing of the property information in accordance with § 284 of the tax code.(3a) Where a permit is not to be withdrawn under Article 13 (3) of Regulation (EC) No 1071/2009 in the case of bus and coach transport, the competent authority shall revoke the authorisation if the facts are retrospected in the light of the facts which have been made. Failure to do so should have led to a failure to do so. Article 13 (1) of Regulation (EC) No 1071/2009 shall apply accordingly. The second sentence of paragraph 3 shall apply accordingly.(4) Paragraphs 1 to 3a shall apply mutas to the revocation of the authorisation for the transfer of the operational management. Non-official table of contents

§ 25a Disclaimer of passenger transport transactions

Justify the assumption that in the case of traffic with If the operator or the transport manager does not fulfil the conditions for the reliability referred to in Article 6 of Regulation (EC) No 1071/2009, the operator or the transport manager shall be able to take the lead in Passenger transport operations are prohibited. 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 order for the submission of the subsainy. unofficial table of contents

§ 26 Erdelete approval

The approval is deleted
1.
for road, trolleybus or scheduled services with motor vehicles and a taxi service if: the operator
a)
does not operate within the time limit set by the approval authority , or
b)
is permanently released from the obligation to maintain all traffic authorized to it,
2.
in taxi traffic, when the entreprender moves his company seat to another community.
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§ 27 coercive measures

The administrative forcible procedure is governed by the national law of the country's authorities, to the extent that this law is carried out by the authorities of the federal states. Rules.

III.
Special provisions for each mode of transport

A.
Trams

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§ 28 Plan determination

(1) Trams for trams must be built only if the plan is previously determined. 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) In place of a plan determination decision, a plan approval may be granted if
1.
it the project is not a project for which an environmental impact assessment is to be carried out under the Environmental Impact Assessment Act,
2.
with public-interest groups whose role is touched, the behavior has been made, and
3.
The rights of others are not or are not significantly impaired or the affected parties agree to the use of their property or any other right in writing
The planning permission has the legal effects of the plan determination; the rules on the planning procedure do not apply to the planning permission. Section 75 (4) of the Administrative Procedure Act and the corresponding national provisions apply accordingly. Prior to the imposition of an administrative judicial action, no investigation shall be required in a preliminary proceedings.(2) Plan determination and planning approval are of no importance in the event of changes and extensions. Cases of insignificant importance are available if
1.
it is not a change or extension for which an environmental impact assessment is to be carried out under the Environmental Impact Assessment Act,
2.
other public concerns are not affected or the necessary regulatory decisions, and do not conflict with the plan and
3.
do not affect the rights of others, or with the
inwith Section 9 of the Construction Code, the planning approval in accordance with paragraph 1 and the planning permission referred to in paragraph 1a shall be replaced by the plan approval in accordance with paragraph 1, provided that there are operating facilities for trams. are shown. 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. Non-official table of contents

§ 28a Change lock, pre-purchase right

(1) As soon as the plan is designed or otherwise provided, the plan , the areas affected by the plan shall not be subject to significant changes in value or the planned construction measures which are significantly aggravated by the plan (change barrier) until they are used. 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 installations and in the compensation procedure.(2) Dauert shall be entitled to claim compensation for the resulting loss of assets over a period of four years.(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. Non-official table of contents

§ 29 Planning Authority

(1) Planning authority is the approval authority in accordance with § 11. This shall determine the plan pursuant to section 28 (1), grant the planning permission in accordance with Section 28 (1a) or shall take the decision in accordance with Section 28 (2).(1a) In the case of the hearing procedure, Section 73 of the Administrative Procedure Act shall apply with the following measures:
1.
The The hearing authority shall, within one month, request 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, the institution of the project has submitted the plan to it.
2.
The authorities whose remit is affected have their opinions within one of the The hearing authority must not be allowed to exceed three months.
3.
The municipalities shall issue the plan within three weeks of access. They make the interpretation known locally.
4.
The discussion in accordance with § 73 (6) of the Administrative Procedure Act has the hearing authority within three months after the end of the period of application. 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 in the An operating system for trams may be subject to 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. 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 after the expiry of the period of application.
The measures shall apply accordingly if the proceedings are governed by a national law by a The Administrative Procedures Act is governed by the law.(2) Where objections are raised against the plan on the grounds that public interests are adversely affected by the federal authorities or by public authorities acting on behalf of the Confederation, and an agreement is reached between the The planning authority and the authorities in question do not decide whether or not to establish the planning authority in consultation with the Federal Ministry of Transport and Digital Infrastructure (BMWB).(3) If agreement is not reached on the objections of non-national railways or of cable companies, the planning authority shall obtain the decision of the authority designated by the Land government and the plan setting on the basis of the(4) objections to the plan, which are levied after the expiry of the application period, shall be excluded. This shall be indicated in the notice of interpretation or by the time limit for application. After the date of discussion, the comments received by the authorities must not be taken into account when the plan is established; this does not apply if public concerns of the planning authority submitted by a public authority subsequently are not included in the plan Claims are known or should have been known.(5) The decision to determine the plan is to be awarded to those who have decided to make an appeal with a right of appeal; the provisions of the Administrative Procedure Act concerning the announcement shall remain unaffected.(6) Prior to the imposition of an administrative judicial action against a plan-determination decision or against a planning permission for the construction or modification of operating facilities for trams, there is no need for an investigation in a preliminary procedure. 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 applicant shall, within a period of six weeks, specify the facts and evidence to be used in the statement of the reasons for his action. § 87b (3) and (§ 128a) of the Administrative Court of Justice shall apply accordingly.(8) deficiencies in the balancing of public and private matters which are in contact with the project are only significant if they have been apparent and have been influenced by the results of the assessment. 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. Non-official table of contents

§ 29a Premature property statement

(1) The immediate start of construction work is offered and the owner refuses to be or the owner of the property of a land required for the construction or modification of a tramway operating system, by agreement, subject to all claims for compensation, the expropriation authority shall have the contractor Request the application for the determination of the plan or grant of the planning permission in the possession. The plan-setting decision or the planning permission must be fully enforceable. Further requirements do not need to be met.(2) The expropriation authority shall negotiate orally with the parties concerned at the latest six weeks after the date of receipt of the application for possession of the possession. 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 of a 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 at the expropriation authority. They should also be pointed out that, even in the case of non-appearance, the application for possession of a possession and other applications to be made in the proceedings may be decided.(3) In so far as the condition of the land is of importance, the expropriation authority shall establish it in a minutes until the beginning of the oral proceedings, or shall have it 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 transfer of possessions shall 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) In so far as the disadvantages are not caused by the interest in compensation for the deprivation or restriction of property, the entreprency shall be entitled to compensation for the financial disadvantages arising from the early possession of the property, or of another right. 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 regain possession. The trader shall pay compensation for all the special disadvantages resulting from the possession of the property.(7) An appeal against an early possession of the property has no 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 Expropriation

The expropriation is permitted as far as it is used to execute a procedure determined in accordance with § § 28, 29 or approved construction project. 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. Non-official table of contents

§ 30a Decompensation Procedure

To the extent that the entrepre is due to a plan determination decision or a Planning permission is required to provide compensation in cash and the amount of the compensation does not come to an agreement between the person concerned and the trader, decides upon the request of one of the parties, according to the law of the country. competent authority; the laws of expropriation of the countries shall apply mutagenicly to the proceedings and to the legal action. Non-official table of contents

§ 31 Use of public roads

(1) The trader has the consent of the carrier of the road construction load if
1.
a public road is used by the tram
2.
Trams of trams cross a public road.
(2) Agreements on the amount of a pay for the use of a trackway Public road must be approved by the approval authority. Existing contracts between the trader and the carrier of the road construction load shall remain unaffected.(3) If a public road used by a tram is extended or moved, the carrier of the road construction load may require the trader to contribute to the costs of the extension or laying of 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 accordingly.(4) At the request of the carrier of the road load, the trader shall, upon expiry of the permit, remove the operating facilities of the tramway and restore the road.(5) If an agreement is not reached in the cases referred to in paragraphs 1 and 3, the authorities designated by the State Government shall decide.(6) The contractor's agreements with the carrier of the road load on the use of public roads shall be indicated in the plan-setting decision or in the planning permission. Non-official table of contents

§ 32 Third Party Duldobligations

(1) Owners or other persons entitled to use
1.
Measurements, soil and groundwater investigations including the temporary attachment of Marking marks and other preparatory work necessary for the planning of operating systems and trams, if the approval authority agrees to this work,
2.
The attachment or errants of holding devices for electrical lines, signals and stop signs by the entreprender or by him authorized to tolerate. 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 business hours. The intention to carry out preparatory 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 preliminary work is to be carried out.
(2) Approval of the approval authority for the preliminary work does 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. Moreover, 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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§ 36 Construction and maintenance obligations

(1) The entreprender is obliged to build the trams approved to him and during the The period of validity of the permit shall be maintained in accordance with the public transport interests and the state of the art.(2) The approval authority may set a time limit within which the operating facilities are to be built. Non-official table of contents

§ 37 intake of the operating system

The approval authority for the operation of the trams shall be granted by the approval authority in the Agreement with the authority responsible for technical supervision. unofficial table of contents

§ 38

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§ 39 Transport charges and conditions

(1) Transport fees 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 transport charges are the subject of a public service contract, the competent authority of the approval authority shall indicate this, in which case the agreement shall be deemed to have been granted.The approval authority shall, in particular, examine the transport charges in order to determine whether, taking into account the economic situation of the entreprenchment, sufficient interest and repayment of the investment capital and the necessary Technical development is appropriate. 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).The transport charges referred to in paragraph 1 shall not be exceeded or fallen below; they shall be applied uniformly. Reductions which do not benefit everyone under the same conditions shall be prohibited and void.(4) The consent to the transport charges may be revoked by the approval authority after consulting the operator if the circumstances governing the formation of transport charges have substantially changed; in this case, the approval authority, after consulting the operator, otherwise fix the transport charges.(5) An increase in transport charges shall enter into force at the earliest on the seventh day following the publication.(6) The 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 Terms and Conditions). Transport conditions). The same applies to changes in the specific transport conditions. The third sentence of paragraph 1 and the second sentence of paragraph 2 shall apply mutatily. 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) Transport charges and special conditions of carriage shall be made known by the trader prior to their introduction; the contract notice shall be suspended in the rooms designated for the purpose of their stay. unofficial table of contents

§ 40 timetables

(1) The timetable must be used to guide the line, its exit and end points, and the stops and stops. Travel times included.(2) roadmaps and their amendments shall be subject to 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, and the changes in the timetable shall 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 have been granted.(2a) The consent to 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 require changes to the road map for internal transport if the relevant circumstances have substantially changed or if the improvement of transport in an area is new. Points of view which may be taken into account by a change in the road map. 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. can be added.(4) roadmaps and timetable changes are to be made public by the entreprenter. 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 Providing information systems in a timely and free way.

B.
Traffic with Obussen

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§ 41 Accordingly applicable regulations

(1) The provisions of § § 28 to 30 and § § 32, 36 and 37 are applicable to the construction of construction and operating facilities for to apply the trolleybus traffic accordingly.(2) In order to set up construction and operating facilities on public roads, the contractor shall require the consent of the carrier of the road building load; § 31 (1), (2), (4) to (6) shall apply accordingly.(3) In addition, the provisions of § § 39 and 40 are to be applied accordingly to the trolleybus traffic.

C.
scheduled services with motor vehicles

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§ 42 definition of scheduled services

regular traffic is a regular traffic connection between certain exit and end points, on which 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. Non-official table of contents

§ 42a long-distance passenger transport

Passenger transport is the regular service with motor vehicles, which is not a public transport system. Local passenger transport within the meaning of Section 8 (1) and not part of the special forms of regular services according to § 43. The carriage of persons between two stops is not allowed if
1.
is the distance between These stops are not more than 50 km or
2.
between these stops, rail passenger transport with a travel time of up to one hour operated
In the approval, exceptions must be granted upon request for individual partial routes if
1.
there is no sufficient local transport offer or
2.
the passenger potential of the existing Transport offers are not significantly affected.
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§ 42b Technical requirements

bus and coach buses, which are used in the The use of long-distance passenger transport shall be subject to the provisions of Annex VII to Directive 2001 /85/EC of the European Parliament and of the Council of 20 June 2001 on the November 2001 laying down special provisions for vehicles intended for the carriage of passengers comprising more than eight seats in addition to the driver's seat and amending Directives 70 /156/EEC and 97 /27/EC (OJ L 197, 21.7.1997, p. 1) shall be in accordance with the version in force at the time of the initial authorisation of the respective bus and shall be equipped with at least two parking spaces for wheelchair users. Non-official table of contents

§ 43 Special forms of regular service

As a regular service, no matter who determines the course of the journey, the following shall also be considered: the traffic that is subject to the exclusion of other passengers of the regular transport of
1.
between home and work place (professional transport),
2.
pupils between the home and the school (school trips),
3.
People to visit markets (market trips),
4.
theater visitors
. 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

§ 44

(omitted) unofficial Table of contents

§ 45 Other provisions

(1) In the case of motor vehicles, § 32, to the extent that this provision relates to the affixing or setting up of holding marks, shall be applied accordingly; The approval authority shall decide without any planning procedures for the approval of the debt.(2) § § § 39 and 40 shall apply to regular services with motor vehicles, with the following measures:
1.
§ 39 (1) to (5) and (7) shall not apply to long-distance passenger transport,
2.
§ 40 (3) shall not apply to long-distance passenger transport; by way of derogation from Article 40 (2), first sentence, it shall be sufficient to: Changes in the timetable for long-distance passenger transport shall be displayed at the approval authority; if the approval authority opposes the displayed timetable changes within one month, they shall not enter into force.
(3) In accordance with § 43, the approval authority can comply with the regulations concerning the obligation to operate (§ 21), the obligation to transport (§ 22), the transport charges and conditions (§ 39) as well as the timetables (§ 40), all or all of the transport forms. in some cases. 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. name="BJNR002410961BJNG000701305 " />

D.
compensation payments

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§ 45a compensation obligation

(1) Transport by trams and trolleybuses, as well as in regular services with motor vehicles in accordance with Articles 42 and 43 (2), shall be compensated for by the trader for the carriage of persons with time-travel arrangements in the course of training on request, in accordance with the conditions laid down in , paragraph 2, if and to the extent
1.
the yield from the approved for these promotions. Transport charges shall not be sufficient to cover the costs to be calculated in accordance with the second sentence of paragraph 2, and
2.
the trader shall, within a reasonable period of time, Agreement to adjust the transport charges levied in the abovementioned forms of transport to the income and cost situation.
(2) As compensation shall be granted 50% of the difference between the yield to be paid in the form of a the forms of transport referred to in paragraph 1 have been obtained for the carriage of persons with the time-travel arrangements of the training sector, and the product of the person-kilometres and the average number of persons in that traffic Transport-specific costs. The average transport-specific costs within the meaning of this provision shall be the rates 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 economically efficient and capable of performing, are defined in a flat-rate manner; in this case, different cost rates for the rail and non-rail transport as well as for different transport regions. The compensatory amount resulting from the application of the first sentence will be reduced by 4 per cent for 2004, 8 per cent for 2005 and 12 per cent in 2006.The compensation referred to in paragraphs 1 and 2 shall be granted to the country in whose territory the traffic is operated. Where 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 compensation shall be decided by the approval authority or by the authority designated by the Land Government. 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 traffic with motor vehicles

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§ 46 forms of Occasional

(1) occasional transport is the carriage of persons with motor vehicles which is not scheduled to be scheduled in accordance with § § 42, 42a and 43.(2) Only permitted forms of occasional traffic are
1.
Traffic with taxis (§ 47),
2.
Excursion Trips and Holiday Destination-Travel (§ 48),
3.
Transport with rental buses and rental cars (§ 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 the carriage of vehicles shall not be allowed for the same passenger car shall be granted. Non-official table of contents

§ 47 Transport with taxis

(1) Transport with taxis is the carriage of persons with passenger cars, which the trader in the case of official authorized bodies and carrying out journeys to a destination determined by the passenger. The trader may also accept transport orders during a journey or at the place of business.(2) Taxes 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 Land Government is empowered to regulate the extent of the duty to operate, the order on taxis, as well as details of the service operation by means of a decree law. It may delegate the authorisation by means of a legal regulation. In particular, regulations can be made in the legal regulation on
1.
Taxen in special cases, including a standby service,
2.
the acceptance and execution of distance oral orders,
3.
the driving and radio operation,
4.
the disabled transport and
5.
the ambulance, unless it is a promotion according to § 1 para. 2 no. 2.
(4) The obligation to transport is only valid for journeys within the scope of application (5) The renting of taxis to self-proponents is prohibited. Non-official table of contents

§ 48 Excursions and holiday destinations

(1) Excursion trips are trips made by the entreprentier with bus or coach or bus. A passenger car according to a specific plan drawn up by him and offered and carried out for all participants of the same and jointly persecuted excursion purpose. 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 ticket is sufficient to indicate the total fee in place of the transport fee.(2) Ferienziel-Reisen is a holiday destination for those who are travelling by bus or coach, in accordance with a specific plan drawn up by him, for a total charge for transport and accommodation with or without food. offers and executes. Only return tickets may be issued and they may only be issued on the passenger's name. 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. Non-official table of contents

§ 49 Transport with rental buses and rental cars

(1) Transport by coach and coach is the carriage of passengers by bus or coach. Bus and coach buses, which are only rented for transport purposes and with which the trader carries out journeys, whose purpose, destination and expiry of the tenants are 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 by indication of the driving destination. Buses and coaches must not be offered on public roads or squares.(3) The provisions of § § 21 and 22 shall not apply.(4) Transport by car is the carriage of persons with passenger cars which are rented only throughout the journey and with which the trader carries out journeys whose purpose, destination and expiry of the tenants is determined and which does not include the transport of the goods by road. Taxen according to § 47 are. 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: According to 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: According to 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 5: According to the decision formula, compatible with the GG, BVerfGE v. 8.11.1983; 1984 I 105-1 BvL 8/81- Non-official table of contents

§ 50

(omitted) Non-official table of contents

§ 51 Transport charges and conditions in the taxi traffic

(1) The state government is empowered to use legal regulation to enact transport charges and conditions. in the case of taxing. In particular, the legal regulation may provide for rules on
1.
Basic prices, mileage prices and Time Prices,
2.
Advice,
3.
Prepayments,
4.
accounting,
5.
the payment method and
6.
the admissibility of special agreements for the mandatory driving range.
The state government can transfer the empowerment by means of a legal regulation.(2) Special agreements for the mandatory driving range are only allowed if
1.
a specified period of time, a minimum number of passengers or a minimum turnover per month,
2.
an order of the transport market will not be disturbed,
3.
The transport fees and terms and conditions are agreed in writing and
4.
in the legal regulation a duty of approval or notification is provided for.
(3) In determining the rates and conditions of transport, § 14 (2) and (3) and section 39 (2) shall apply accordingly.(4) The authorised bodies may, by mutual agreement, agree on uniform transport rates and conditions for an area which exceeds the competence of a body which is subject to the transport rates and conditions agree.(5) § 39 (3) applies to the application of the rates of transport and conditions of transport. Non-official table of contents

§ 51a

-

IV.
outbound traffic

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§ 52 Cross-border Traffic

(1) For the carriage of persons in international traffic with motor vehicles shall be subject to the provisions of this Act and to the legal regulations adopted for that purpose by entrepreneurs who have their registered office in Germany or abroad, unless otherwise specified. Companies that have their registered office abroad are not to be applied
1.
§ 13 (1) sentence 1 Point 4 and
2.
§ 13 (1a), in so far as Article 3 (1) (a) of Regulation (EC) No 1071/2009 is to be complied with.
(2) The required For the German section, the authority designated by the state government in consultation with the Federal Ministry of Transport and Digital Infrastructure shall be granted the approval of a regular international scheduled service. 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 shall be given.(3) A permit for the cross-border occasional transport of entrepreneurs who have their registered office abroad is not required, provided that such 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 may not be able to execute any such agreement. competent authority shall grant appropriate applications. For the German section, the permit for cross-border holiday destination travel grants the authority designated by the Land government, in whose territory the holiday destination travel ends. 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 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. Non-official table of contents

§ 53 Transit (transit) traffic

(1) For the carriage of persons in transit (transit) with Motor vehicles which are in contact with the territory of the scope of this Act with the exclusion of inter-German intermediate traffic shall apply, unless otherwise specified, the provisions of this Act and the legal regulations adopted for this purpose. Do not apply
1.
§ 13 paragraph 1 sentence 1 number 4 and
2.
§ 13 paragraph 1a, to the extent that Article 3 (1) (a) of Regulation (EC) No 1071/2009 is to be complied with.
(2) The approval of a transit line traffic shall be granted by the State government designated authority, in whose territory the first border crossing takes place at the entrance, in consultation with the Federal Ministry of Transport and Digital Infrastructure. Section 11 (3) and (4) shall apply accordingly.(3) § 52 (3) applies to the occasional transport from abroad by the territory of the scope of this law, but in the case of holiday destinations, the authority designated by the Land Government is the authority in whose territory the first Border crossing takes place at the entrance. § 52 (4) applies accordingly.

V.
Supervision, Auditing powers

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§ 54 Supervision

(1) The contractor is subject to the provisions of this Act and the legal regulations issued for this purpose and the compliance with the provisions of the law imposed by the authorization. Obligations (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. Excluded from this are the tasks in accordance with § 9 (1) of the tramway construction and operating regulations of 11. December 1987 (BGBl. 2648) as well as 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 authority, it shall not be allowed to commission itself pursuant to § 5 (2) of the road-rail construction and operating regulations.(2) The supervisory authority may inform itself of any of the institutions and actions of the entreprtier that are under its responsibility. 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 transport by bus and coach.3. The supervisory authority may encourage undertakings operating a bus and/or coach station to regulate the use of motor vehicles and the holding by means of line and occasional services in such a way as to ensure that the traffic is properly managed and that the obligations of the competent authorities are in accordance with § 39 (7) and 40 (4). Non-official table of contents

§ 54a Approval authority's powers of examination

(1) The approval authority may be responsible for the supervision and the Prepare your decisions by appoiners to carry out the necessary investigations, in particular
1.
See the books and business papers,
2.
from the business owner and the business enterprise are required to request information. 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 in accordance with the Law on Administrative Offences.
For the purposes set out in the first sentence, the land and premises serving 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 authorised 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 also apply in accordance with the authority empowered pursuant to Article 45a (2) to determine the cost rates. Non-official table of contents

§ 54b Risk classification

The supervisory authorities shall provide 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. Non-official table of contents

§ 54c Traffic company file

In the traffic company file according to § 15 of the Road Transport Act, all of the Domestically established commercial freight and commercial passenger transport companies with buses and coaches.

VI.
Legal remedies and charges

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§ 55 Pre-procedure for the challenge of administrative acts

A preliminary procedure also requires an administrative act is challenged by a supreme state transport authority or by the Federal Ministry of Transport and Digital Infrastructure. Section 29 (6) sentence 1 shall remain unaffected. Non-official table of contents

§ 56 Fees

For the official acts in accordance with this law and the legislation based on this law, and after Regulations or legislation implementing directives of the Council or of the Commission of the European Communities shall be borne by the person who arranges the act of office or for the benefit of that act (fees and charges and Deposits). 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 takes place in the up to 14 years.

VII.
Decree of legal regulations and general administrative provisions

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§ 57 Legal Regulations

(1) The Federal Ministry of Transport and Digital Infrastructure, with the consent of the Federal Council, shall adopt the relevant provisions of the law by means of a legal regulation. Implementation of this law, international agreements and the regulations of the Council or of the Commission of the European Communities
1.
about trams and obuses; these rules
a)
Requirements for the construction and facilities of the operating systems and vehicles, as well as their operating mode,
b)
the safety and order of the operation as well as the protection of the operating equipment and vehicles against damage and faults;
2.
about the operation of motor vehicles in passenger traffic; these rules
a)
Requirements for the construction and facilities of the vehicles used in these companies,
b)
the Safety and order of operations;
3.
about the requirements for the ability, suitability and behavior of the operating staff and the order, Confirmation and verification of plant managers and their duties and powers;
4.
on the proof of the conditions of approval pursuant to § 13 (1) or (1a;) may, in particular, contain provisions relating to the conditions under which a holding is to be regarded as capable of performing, the reliability of the entrepru or the persons appointed for the management of the business, and the conditions under which an establishment is to be regarded as being capable of The conditions under which an activity is appropriate, the examination material, the examination committee and the examination procedure; in addition, it may be determined in which cases entrepreneurs, holders of final 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.
about uniform General conditions of carriage for road and trolleybus services and for regular services with motor vehicles and, subject to the first sentence of Article 51 (1), for occasional traffic with motor vehicles;
6.
about the order of international traffic and transit traffic, the organization including the clarification of competing responsibilities, the procedure and the means of Control and the exemption of undertakings with a registered office abroad from the obligation to permit occasional services or to comply with other provisions of this law, to the extent that reciprocity is guaranteed is;
7.
(dropped)
8.
not due to the for certain total traffic
9.
which determine who is to be a trainee in the sense of the § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § 45a (1), which cost components should be taken into account in the calculation of the compensation, which procedure should be used for the granting of the compensation, which information must be included in the request for compensation, and how the compensation must be provided for the compensation. Income and persons-kilometre to be determined;
10.
which determine the chargeable facts in regular and occasional traffic and fixed Set the rates or sets of rules. The charges may not exceed EUR 2 500 for regular services, EUR 1 500 for occasional services;
11.
for the description of the facts, which shall be deemed to be an administrative offence. § 61 (1) no. 5 may be punished.
(2) Legal orders 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 (Federal Immission Control Act); in so doing, immission limit values may be shall also be fixed at a time after the entry into force of the Regulation, taking account of technical developments. 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 to the extent that § 43 of the Federal Immission Control Act applies.(3) Legal orders referred to in paragraph 1 (1) may also determine how to provide evidence of compliance with those provisions, in particular the necessary tests, detentions, permits, consents or certificates.(4) In so far as it requires public safety, individual provisions of the legal regulation adopted pursuant to paragraph 1 (2) may be extended to transport operations which, in accordance with § 2, are exempted from the permit requirement or for which the provisions of the following are applicable: Article 8 (1) (8) is granted exemption.(5) (omitted) (6) In the area of fees payable by the national authorities, the Federal Ministry of Transport and Digital Infrastructure shall exercise the authorisation referred to in paragraph 1, point 10, on the basis of a request or an opinion of 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. Non-official table of contents

§ 58 General administrative provisions

The general rules required for the implementation of this law The Federal Government shall issue administrative provisions with the consent of the Federal Council. Non-official table of contents

§ § 59 and 59a (omitted)

VIII.
fines rules

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§ § 60 and 60a (omitted)

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§ 61 Administrative Offences

(1) Contrary to the law, who intentionally or negligently
1.
People with tramways, trolleybuses, or motor vehicles without the required by this law Permission or an inversion of the authorization or the conditions of the approval or the instipable permit or conditions in a decision in accordance with § 45a (4) sentence 2;
2.
a traffic with trams, trolleybuses, or a regular service with motor vehicles, without the consent required under this law to the transport charges or timetables issued by the approval authority;
3.
the provisions of this law on
a)
the duty to share in traffic disruptions, which are the temporary use of As a result (§ 2 para. 5 sentence 2),
b)
the carrying and the handing out of documents (§ 17 para. 4, § 20 para. 4),
c)
the observance of 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 transport conditions and the valid timetables (§ 39 para. 7, § 40 para. 4, § 41 para. 3, § 45 para. 3),
e)
the traffic with taxis (§ 47 para. 2 sentence 1 or para. 5),
f)
excursion trips and holiday destination-trips (§ 48 1 to 3) or
g)
the traffic with rents and rental cars (§ 49 para. 2 sentence 2 and para. 4)
is contrary;
3a.
contrary to § 54, paragraph 2, sentence 3, a notice is not, not correct, not complete, or not timely,
3b.
contrary to § 54a, paragraph 1, the information is not, inaccurate, incomplete or not provided within the stipulated period, the books or business documents are not, not complete or not within the time limit ,
4.
shall be contrary to a legal provision or a fully-fledgable written offer which is due to this law or to the law of the have been enacted on the basis of legislation based on this law, to the extent that the law and the enforceable written disposition expressly refer to that provision or
5.
an immediate provision in legal acts of the European Community, which is content one in
a)
Number 1 or
b)
Number 2, 3, or 3b
, or a ban, if any Pursuant to Section 57 (1) No. 11 of the Law on the Rights of the Law of the European Union, this provision refers to this fine.(2) In the cases referred to in paragraph 1 (1) and (5) (a), the administrative offence may be punishable by a fine of up to 20 000 euro and, in the other cases, with a fine of up to ten thousand euros.(3) The administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences shall be the approval authority or the authority designated by the Land Government. The provincial government may transfer the authorisation to the competent supreme state authority. In the cases of § 52 (3) sentence 2, the Federal Office of Goods Transport is the administrative authority within the meaning of Section 36 (1) (1) of the Act on Administrative Offences.(4) In the cases referred to in paragraph 1, the administrative offence may be punishable on the basis of and in accordance with international agreements even if, in the field of common border handling installations, it is outside the territorial scope of application of the of this law.

IX.
Transient and Final Provisions

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§ 62 Transitional provisions

(1) Public service contracts within the meaning of Article 3 (1) of Regulation (EC) No 1370/2007 shall be permitted up to 31 December 2007. By way of derogation from the provisions of Article 5 (2) to (4) of Regulation (EC) No 1370/2007. Authorisations granted before the 1. Until the expiry of the period of validity contained in the approval certificate, effective January 2013 shall remain effective. The validity and effectiveness of other legal relationships, in particular public service contracts within the meaning of Regulation (EC) No 1370/2007, which are before the 1. The amendment of the law will not affect January 2013.(2) Where it is proven that this is unavoidable for technical or economic reasons, the countries may set the date referred to in Article 8 (3), third sentence, as well as determine the collection of exception stocks, which shall be subject to a restriction of the Barrier-free justification.(3) § 42b shall apply from 1. January 2016 for buses and coaches, which will be admitted to the market for the first time and after the end of the 31. December 2019 for all buses and coaches. Non-official table of contents

§ 63 Exclusion of national law

The following rules of the administrative procedure cannot be carried out by national law. are deviated:
1.
§ § 5, 8a paragraph 2 sentence 2, § § 9, 12, 15, 16, 17 paragraphs 1 and 2, § § 20, 25 and 29 Paragraph 1a;
2.
§ 52 (1) sentence 1 and § 53 (1), first sentence, each in conjunction with the regulations in point 1;
3.
§ 29 Paragraph 2, § 52 Paragraph 2 sentence 1 and § 53 Paragraph 2 sentence 1;
4.
§ 11 Paragraph 4, § 52 Paragraph 2 sentence 2 and § 53 (2) sentence 2, in conjunction with § 11 (4), § 52 (3) sentence 3 and § 53 (3) sentence 1.
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§ 64 Other laws

(1) By this law, the rules
1.
of the Road Traffic Act of the 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. I p. 145),
3.
(dropped)
4.
of the law on compulsory insurance for Motor vehicle holder of 5. April 1965 (BGBl. 213) and
5.
of the Law on Liability Insurance for Foreign Motor Vehicles and Motor Vehicle Hangers of 24 June 2009. July 1956 (BGBl. I p. 667)
shall not be affected unless otherwise indicated in § 23.(2) The provisions of the law on measures to maintain the operation of railway undertakings in the public transport sector of the European Union of 7. March 1934 (RGBl. 91), as amended by Section 9 (4) of the General Railways 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. Non-official table of contents

§ 64a Replacement of federal regulations by national law

The countries may have effect from the first one. § 45a and § 57 (1) no. 9 as well as the provisions for which the provisions of Section 57 (1) (9) are authorized to replace them by national law. Non-official table of contents

§ 65 Exceptions for trams

For trams within the meaning of § 4 (1) and (2), the following guidelines apply not:
1.
Council Directive 95 /18/EC of 19. June 1995 on the granting of licences to railway undertakings (OJ L 327, 31.12.1995, p. OJ L 143, 27.6.1995, p. 70);
2.
Directive 2001 /14/EC of the European Parliament and of the Council of 26 June 1995. February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure (OJ L 327, 28.11.2001, p. 29), which was last amended by Directive 2007 /58/EC (OJ L 327, 30.12.2007, p. 44);
3.
Directive 2004 /49/EC of the European Parliament and of the Council of 29 June 2007 on the implementation of the European Parliament and of the Council of the European Communities. Council Directive 95 /18/EC on the granting of authorisations for railway undertakings and 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 327, 28.4.2002, p. 44), as last amended by Directive 2009 /149/EC (OJ L 164, 30.4.2009, p. 65);
4.
Directive 2007 /59/EC of the European Parliament and of the Council of 23 June 2007, of the European Parliament and of the Council of the European Parliament and of the Council of the European Communities, 1 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. 51);
5.
Directive 2008 /57/EC of the European Parliament and of the Council of 17 May 2007, p. On the interoperability of the rail system in the Community (recast) (OJ L 327, 27.4.2008, p. 1), as last amended by Directive 2011 /18/EU (OJ L 327, 18.12.2011, p. 21).
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§ 66 Reporting obligation

The Federal Ministry of Transport and Tourism digital infrastructure sets up to 1. January 2017 to the German Bundestag (German Bundestag) a report on whether the law amending the law on the amendment of the law on passenger transport of 14. December 2012 (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

appendix EV Excerpt from EinigVtr Appendix I, Chapter XI, Sachgebiet B, Section III,
(BGBl. II 1990, 889, 1105)
-measures for the territory that has been enclosed (Art. 3 Pur.Vtr)-

Section III
Federal law shall enter into force in the area referred to in Article 3 of the Treaty with the following measures:
...
15.
Passenger Promotion Act as amended by the 8. August 1990 (BGBl. 1690) with the following measures:
a)
§ 13 para. 4, § § 46, 48, 49, 51 para. 3 and 5 occur on the 1. January 1993 in force.
b)
Up to 31. In December 1991, 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 Section 39 (1).
c)
§ 45a occurs on 1. January 1992 in force.
d)
For companies that are entitled to carry out promotions subject to approval when they become effective, the approval shall be valid until the longest period of time. 31. It was granted in December 1991. The continuation of the company after that date requires the timely collection of the authorisation under the Passenger Transport Act.
e)
Approvals which are Enterprises according to § 3 of the Regulation on the commercial passenger transport of 20. June 1990 (GBl. I n ° 40 p. 574) remain valid until the expiry of their validity.
f)
Authorisations for contract transport pursuant to § 1 para. 1 in conjunction with § 2 of the Regulation 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 (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 Regulation of 30 June 2008. June 1989 (BGBl. 1273), are exempted from the provisions of the Passenger Transport Act.
g)
Pending procedures for the construction or modification of trams for trams the territory referred to in Article 3 shall be brought to an end in accordance with the provisions of the Act on the Promotion of Persons, if a final substantive decision before the date of entry into effect has not yet been issued.

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