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RS 0.741.619.136 Agreement of 17 December 1953 between the Federal Department of Posts and Railways and the Minister of Transport of the Federal Republic of Germany on the professional transport of persons and things by road (with annexes)

Original Language Title: RS 0.741.619.136 Accord du 17 décembre 1953 entre le Département fédéral des postes et des chemins de fer et le ministre des transports de la République fédérale d’Allemagne sur le transport professionnel de personnes et de choses par route (avec annexes)

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0.741.619.136

Translation 1

Agreement

Between the Federal Department of Posts and Railways and the Minister of Transport of the Federal Republic of Germany on the professional transport of persons and things by road

Conclu December 17, 1953
Entered into force on 11 February 1954

The Federal Department of Posts and Railways, on the one hand, and the Minister of Transport of the Federal Republic of Germany, on the other hand,

Agreed on the following concerning the execution of professional transport of persons and things by road:

I. Transport of persons

1 Occasional buses by coach

(1) Occasional bus undertakings which have their seat in one of the two Contracting States do not need special permission to conduct excursion and rental races in the territory of the other State Contracting if the following conditions, as provided for in the Agreement on "Freedom of the Road", are met:

(a)
The same persons are transported by the same vehicle during a circular journey that begins and must be completed in the country of registration of the vehicle.
(b)
The same persons shall be transported by the same vehicle during a journey departing from a seaport or from an airport in the country of registration of the vehicle and having to terminate at another port or airport of the other Contracting State, subject to reservation However, the vehicle returns to a vacuum at the point of departure.

(2) Carriers are only required to have with them a permit from their country of residence which allows them to cross the border to move in the other Contracting State. This permit shall be issued to Swiss carriers only if they personally present all guarantees and ensure the safety and capacity of their operation and to the German carriers only if they are already in favour of the authorisation provided for German legislation.

(3) The period of validity of the permit shall not exceed the end of the calendar year.

(4) The Contracting Parties shall provide each other, upon request, with information on permits issued.

2 Other occasional bus transport

(1) Any other occasional (tourist) transport carried out by a coach which does not comply with the requirements of § 1 shall be subject to the authorisation of the other Contracting State.

(2) The application for an authorization shall be sent by the contractor in duplicate (model in Appendix 1) to the competent authority of the country. Permission may be granted only with the consent of the country of residence.

§ 3 Occasional transport by passenger car (taxis and delivery cars)

(1) The restrictions laid down in § 1, 1st subparagraph, letters a and b shall not apply to passenger cars (taxis and delivery cars). However, transport by taxi and by car shall be permitted only if the carrier is in possession of the permit of his country of residence, as provided for in the second subparagraph of § 1, and if he refrains from taking new passengers in The other Contracting State.

(2) The prohibition on the taking of new passengers in the other Contracting State shall not apply to carriers whose undertakings are established in a zone of 10 km. on both sides of the border, if they are ordered races to be carried out in A radius of 5 km. at most one side and the other of the border and if the passengers are not deposited in the other Contracting State.

§ 4 International Line Traffic (excluding transit traffic)

(1) For international line traffic, carriers need the concession required by the legal provisions of each of the two Contracting States and issued by the competent authorities.

(2) The grant shall be granted only if the Contracting Parties agree on the necessity and desirability of a line and subject to reciprocity. The same applies to the deletion of an existing line.

(3) Applications for the establishment of a line service shall be submitted, for the section situated in the other State, to the competent authority of the country of residence of the applicant; they shall be transmitted immediately to the other Contracting State, with a Notice of the authority which, in the country of residence, is the supreme authority for transport.

§ 5 In-Transit Line Traffic

(1) The carriage of a line in transit, within the meaning of this Agreement, shall be considered as traffic moving from one of the two States to cross the other to a third State without passengers being taken or deposited in the State traversed.

(2) The national legislation of the country crossed shall apply to the granting of authorisations for such traffic in transit. Applications must be submitted to the competent authority of the applicant's country of residence; they shall be transmitted immediately to the other Contracting Party, with prior notice of the authority which, in the country of residence, is the supreme authority in Transport.

§ 6 Application to railways and mail

The provisions of this Agreement shall also apply, on both sides, to the administrations of the railways and posts, without prejudice to the specific legal provisions in force in the Contracting States.

II. Transport of goods

§ 7 International Carriage of Goods in Transit and Others

Transport undertakings which have their seat in one of the two Contracting States need a permit from their country of residence if they carry out, in accordance with the agreement on 'freedom of road', international transport of goods In transit and other.

§ 8 Conditions for the issuance of permits

The permit shall be issued to Swiss carriers only if they personally present all guarantees and ensure the safety and capacity of their operation and to German carriers only if they are already in favour of the authorisation provided for German legislation.

§ 9 Number and type of licences

(1) For each motor vehicle, a special permit shall be established. Such licences shall not exceed a certain quota, which shall be fixed for each Contracting State at 250. Trailers do not need a permit.

(2) Both Contracting States are free to establish such permits:

(a)
On a permanent basis (valid for up to the end of the calendar year);
(b)
For a limited duration (for several trips within a limited period of time during the current calendar year);
(c)
For a single trip.

(3) The number of licences valid at the same time shall not exceed 250 in each Contracting State. A further number may be agreed at any time, as required.

10 § 10 Exceptions to the licence regime

A permit is not required for:

(a)
Moves and transport of corpses in motor vehicles specially adapted for those purposes and used exclusively for such transport;
(b)
The carriage of goods for trade fairs or exhibitions, which are brought back to the country of origin;
(c)
The transportation of racing horses or motor racing vehicles for sporting events.
§ 11 Competent Authorities

Permits are established in Switzerland by the Federal Department of Posts and Railways 1 And in the Federal Republic of Germany by the supreme transport authorities in the various states (Länder). Permits issued by Switzerland and the Federal Republic of Germany shall have as far as possible the same text, following the model reproduced in Annex 2.


1 Currently "Federal Department of Transport, Communications and Energy".

12 § 12 Freight Rates of Goods

When issuing permits, contractors must undertake to respect the freight rates applicable in the Contracting States.

13 Prohibition of inland transport

The carriers of one country are prohibited from taking charge in the other Contracting State of goods intended to be unloaded.

§ 14 Small border traffic

This Agreement shall not apply to motor vehicle transport authorised by the provisions on small border traffic.

III. Common provisions

§ 15 National legislation

Carriers are required to comply with the respective police, road and customs legislation.

§ 16 Withdrawal of permit

The permit may be withdrawn at any time, in particular as a result of breaches of the obligations of this Agreement or of the requirements referred to in § 15.

§ 17 Application in Berlin

This Agreement shall also be valid for the territory of Berlin if, within 3 months of its entry into force, the Minister of Transport of the Federal Republic of Germany shall not deliver to the Federal Department posts and A statement to the contrary.

§ 18 Duration of the Agreement

This Agreement shall enter into force on February 1954. It is valid until 31 December 1954. It will be extended tacitly from year to year, unless terminated by either Contracting Party until September 30.

Bonn, 17 December 1953.

For the Federal Department of Posts and Railways, subject to the approval of the Head of the Department

For the Minister of Transport of the Federal Republic of Germany, subject to his approval

Joseph Haenni

Arthur Pukall

Annex 1

Application and Authorization Form

According to § 2 of the agreement of 17 December 1953 between Switzerland and Germany on the professional transport of persons and things by road.

(company name and headquarters)

Requests authorization to perform,

On (date)

With its vehicle (s)

(trade mark, number, registration)

An excursion/rental race to

Race which, for the following reasons

Does not comply with the conditions of Article 1 of the Agreement, namely

A.
The same persons are transported by the same vehicle during a circular journey that begins and must be completed in the country of registration of the vehicle;
B.
That the same persons are transported by the same vehicle during a journey departing from a seaport or an airport from the country of registration of the vehicle and having to terminate at another port or airport of the other Contracting State, under However, the vehicle will return to a vacuum at the point of departure.

, the 19

(signature of applicant)

Authorization Notification

A.
German authorities for requests from Swiss entrepreneurs:
B.
Swiss authorities for requests from German entrepreneurs:

State 11. July 2006

Annex 2

Licence N O

For the international carriage of goods to or in transit by the Federal Republic of Germany, pursuant to § 7 and following of the Agreement of 17 December 1953 between Switzerland and Germany on the professional transport of persons And things by road.

Vehicle breeder:

To

Truck:

(type of motor vehicle, brand, NI, registration)

Valid from 195 to 195

Special conditions:

1.
The permit is valid only for the above-noted holder and cannot be transferred. It shall only grant the carriage of things to and in transit by the Contracting State. It is forbidden for the carrier to take charge in the other Contracting State of goods intended to be unloaded there.
2.
The permit must accompany the transport for which it is valid. The holder must present it himself at each border crossing and, in addition, to the competent authorities, on their request.
3.
The holder of the permit is required to comply with the respective laws on police, road and customs traffic and to comply with the tariff requirements.
4.
For transit transport, only international routes reserved for this purpose can be used.

5. The permit may be withdrawn at any time.

, the


State 11. July 2006