Everything over passenger traffic in Germany
The duty to obtain a permit of tariffs in the OEPNV
Tariff sovereignty and tariff licensing procedure in the OEPNV
© Uwe Losse last updating 2006-10-17
Agreement of the authorizing agency with tariff amendments in the OEPNV
Obligation for the publication of the tariffs in the OEPNV
Which authorizing agency is responsible person?
The prices of transportation (transport-repay) and the tariff conditions and transport conditions can be specified by the enterprises independently, had the enterprises the tariff sovereignty for that licensed line way. For that Road passenger traffic are the legal Basic conditions (traffic with streetcars, Overhead line buses and force buses) in Transportation of human beings law defines. Thus those Nevertheless to be arbitrarily specified, the legislator in §39 does not have prices of transportation of the Transportation of human beings law (PBefG) that Licensing procedure for the tariff specified. Light signal plants (LSA, or Traffic light control) support of computer-aided operating control systems (RBL) communication between vehicle and directing center control and control of smart card systems seizing tank data electronic travel book and a lot of more.
After §39 (the transport-repaid (prices of transportation) and their changes the agreement of the authorizing agency require 1) PBefG. With the agreement are those Transport-repay generally obligatorily. That is called the Verkehrsunternehmer is obligated also to the application of the tariff. This becomes in §39 (3) PBefG again underlined, which transport-repays may is not over or is fallen below; they are to be used evenly. Reductions, which do not benefit under same conditions everyone, are forbidden and futile.
The authorizing agency (§39 (2) PBefG examines in particular whether the transport-repaid under Consideration of the economic situation of the Entrepreneur, sufficient interest charges and Repayment of the capital investment and the necessary are appropriate for technical development. That is called the authorizing agency has the order, both superelevated tariff-repays to fail and To prevent Dumpingpreise.
The authorizing agency has the right, a given permission for the raising of the tariff after §39 (4) too recalled, if the determining circumstances changed for education the transport-repaid substantially. The authorizing agency can do those Transport-repay after hearing of the entrepreneur otherwise determine.
With these legal basic conditions the authorizing agency can exert influence on the ÖPNV and exert pressure on the transporting enterprises. E.G. with establishments of group so the policy can steering intervene, around possible obstacles up To eliminate entrepreneur side.
If a tariff were approved by the authorizing agency, the tariff of the Verkehrsunternehmer must make local well-known. The proclamation is in intended the areas for the stay of the passengers to put out (§39 (7) PBefG). An increase that Transport-repay comes into force at the earliest 7 days after the publication (§39 (5) PBefG).
That transportation of human beings (PBefG) is in Federal law. The competence for permission became in the PBefG on the individual Lands of the Federal Republic transferred. The Lands of the Federal Republic for their part determine the authorizing agency in the respective federal state law. For the road passenger traffic is those Authorizing agency mostly the governmental district and/or the district government. Here the Lands of the Federal Republic yield both in the naming and in that Competence from each other off. The procedure in principle is however identical, since the Lands of the Federal Republic must convert the PBefG equally.
In §11 PBefG becomes the competence that Authorizing agency in so far defines that those Authorizing agency is responsible, in whose district traffic is to be operated exclusive. Differently than in opportunity traffic is thus not the seat of the Enterprise decisive, but those Alignment. If a line way leads by different districts of a country, then the district is determining, from which the line begins. If the line leads by several Lands of the Federal Republic, then the country is responsible for the permission, in which the line begins. Become the Lands of the Federal Republic do not unite among themselves, then the responsible person decides upon the request of a highest national transport authority Federal Ministry.