Non-federally owned railroads; application for railroad licenses and permits, implementation of planning approval or plan approval procedures
You can apply for a company license for the operation of a railroad in public transport in accordance with Section 6 of the General Railway Act (AEG) or a planning approval in accordance with Section 18 AEG for the construction or modification of railroad operating facilities.
Description
The approval criteria include
- Planning approval, planning authorization
- Company license in accordance with Section 6 of the General Railway Act (AEG) for the provision of rail transport services, the operation of a railroad infrastructure or for independent participation in rail transport with railroad vehicles
- Permission to open operations
- Confirmation of the appointment of railroad operations managers
The Bavarian State Ministry for Housing, Construction and Transport is the competent authority for company licenses in accordance with Section 6 AEG. Otherwise, the governments of Middle Franconia (for railroads based in Middle Franconia, Upper Franconia, Upper Palatinate or Lower Franconia) or the government of Upper Bavaria (for railroads based in Lower Bavaria, Upper Bavaria or Swabia) are responsible for licenses and ongoing monitoring (railroad supervision), as well as for planning approval procedures.
Prerequisites
The company license is granted if the applicant as a company and the persons appointed to manage the business are reliable, competent and financially capable and thus the operation of a railroad can be managed safely. The requirements for proving the licensing prerequisites are regulated in more detail in §§ 6 to 6h AEG.
Planning approval / planning permission for the construction or modification of railroad operating facilities can be granted if mandatory statutory provisions do not conflict with the project and conflicting public or private interests can be weighed up and overcome.
Permission to open operations is granted if other public law requirements for railroads are met, in particular if the contractor has appointed railroad operations managers to the required extent and the appointment has been confirmed by the supervisory authority, and if the operating facilities and/or railroad vehicles are in proper condition.
Fees
- Planning approval/ plan approval: rate per thousand depending on the investment costs
- Other official acts in the context of railroad supervision and approvals: €50 to €12,000
Status:07.11.2023
Responsible for editing:Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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- Form, Bavaria-wide
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- Legal bases, Bavaria-wide
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- Fees, Bavaria-wide
- Fees, locally limited
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