Non-federally owned railroads; application for railroad permits and authorizations, implementation of planning approval or plan approval procedures
You can apply for a company permit to operate a railroad in public traffic in accordance with Section 6 of the General Railway Act (AEG) or for a planning approval in accordance with Section 18 of the AEG for the new construction or modification of railroad operating facilities.
Description
The approval criteria include:
- Planning approval, planning permission
- Company approval in accordance with § 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 operation managers
The competent authority for company licenses in accordance with Section 6 of the AEG is the Bavarian State Ministry of Housing, Construction and Transport. Otherwise, the Governments of Central Franconia (for railroads based in Central Franconia, Upper Franconia, the Upper Palatinate or Lower Franconia) or the Government of Upper Bavaria (for railroads based in Lower Bavaria, Upper Bavaria or Swabia) are responsible for permits and ongoing supervision (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.
A planning approval / planning permit 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 overcome in the course of a balancing process.
Permission to open operations is granted if other public law requirements for railroads are met, in particular if the entrepreneur 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
- Plan approval/ plan approval: per mille rate depending on investment costs
- Other official acts within the scope of railroad supervision and approvals: € 50 to 12,000
Status:16.11.2022
Responsible for editing:Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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