General Railway Act (AEG)
The General Railway Act (abbreviated AEG) is the central federal law of the Federal Republic of Germany, which comprehensively regulates the legal framework for the construction and operation of railways as well as railway infrastructure. The law is fundamental for all railway operations within German territory and serves to ensure the safety, economic efficiency, and performance of the railway system.
1. Background and Objectives
The General Railway Act was first enacted on March 29, 1951 and has since been amended multiple times. It was created as part of the liberalization and restructuring of the railway sector in Germany. The AEG implements both national and European rail regulations and thus creates a legal framework for non-discriminatory access, competition, and safety in railway transport.
1.1 Scope of Application
The AEG applies to public and non-public railways, to railway infrastructure companies as well as to railway transport companies within German territory. Special regulations apply to cross-border traffic in accordance with European requirements.
2. Key Regulatory Contents
The General Railway Act comprehensively regulates all essential aspects of railway operations. These include:
2.1 Licensing and Supervision
The AEG defines the licensing requirements for railway undertakings (EVU) and railway infrastructure companies (EIU). The competent licensing and supervisory authority is the Federal Railway Authority. Licensing under the AEG requires the fulfillment of certain criteria for reliability, professional suitability, performance, insurance, and compliance with technical standards. For certain types of railways and for the operation of railway infrastructure, additional regulations, such as track licensing, are decisive.
2.2 Safety of Railway Operations
A core area is the guarantee of safety. To this end, the AEG requires extensive measures for hazard prevention, safety management systems, as well as ongoing monitoring and reporting of safety-relevant incidents. It also stipulates that railways must be operated in a traffic-safe condition and comply with technical standards.
2.3 Infrastructure and Access
A key element of the AEG is the regulation of access to railway infrastructure according to the principle of non-discrimination. Infrastructure operators are obligated to grant competitors access to tracks, stations, and service facilities. The law standardizes procedures for route allocation, regulates principles of charges, and provides for mediation mechanisms to resolve conflicts regarding access disputes.
2.4 Charges and Funding Principles
The AEG contains detailed provisions regarding the charging regulations for the use of railway infrastructure. These charges must be calculated transparently, without discrimination, and based on business management principles. The monitoring of the charges is carried out by the Federal Railway Authority, which is also authorized to enforce the regulations.
2.5 Liability and Compensation
The law regulates railway liability in the event of damages (in particular for personal injury, property, and environmental damage), with liability rules partly based on specific provisions in the Civil Code and supplementary special laws. An important aspect is the obligation to maintain adequate liability insurance.
2.6 Monitoring and Sanctions
The General Railway Act provides for a wide range of monitoring and enforcement mechanisms. The Federal Railway Authority may, upon identification of violations, issue orders, impose operating restrictions, or penalize administrative offenses with fines. In the case of serious violations, withdrawal of the license or the closure of facilities may also occur.
3. Relationship to Other Legal Sources and EU Law
3.1 Interaction with Other Laws
The AEG is closely linked to other national regulations, in particular the Railway Regulation Act (ERegG), the Insurance Supervision Act, as well as the relevant environmental and occupational health and safety laws. In addition, numerous technical requirements are specified in supplementary ordinances, in particular the Railway Construction and Operating Ordinance (EBO) and the Railway Signal Ordinance (ESO).
3.2 Implementation of European Directives
As part of the European railway packages (including the 1st to 4th Railway Package), numerous provisions from directives and regulations of the European Union have been transposed into German law. Thus, the AEG also serves to implement and apply EU law with the aim of a unified, liberalized European railway market.
4. Organization and Responsibilities of Supervisory Authorities
The central supervisory and licensing authority under the AEG is the Federal Railway Authority, which has nationwide competence. In addition, the regional railway supervisory authorities perform tasks in areas not owned by the federal government. The authorities are responsible for monitoring operations, ensuring compliance with safety regulations, and enforcing legal provisions.
5. Historical Development and Reforms
The General Railway Act has been repeatedly adapted to changing political, economic, and technical conditions. Major reforms took place as part of the 1994 railway reform (establishment of Deutsche Bahn AG, separation of operation and infrastructure), with the implementation of EU legislation for liberalization, and the introduction of the Railway Regulation Act (2016). These innovations targeted increased competition, efficiency, and European integration of railway transport.
6. Practical Significance
The General Railway Act forms the essential legal basis for all railway companies and thus for both passenger and freight rail transport. It ensures the legal requirements for safe, efficient, and non-discriminatory railway operations and is a key regulatory instrument for all stakeholders in the railway market.
7. Further Regulations and Literature
Central regulations under the AEG include:
- Railway Construction and Operating Ordinance (EBO)
- Railway Construction and Operating Ordinance for Narrow-Gauge Railways (ESBO)
- Railway Signal Ordinance (ESO)
- Railway Regulation Act (ERegG)
Further specialist literature, commentaries, and current legal texts offer in-depth information on detailed questions.
8. Conclusion
The General Railway Act is at the center of railway regulation in Germany. It establishes a comprehensive regulatory framework to ensure safety, performance, competition, environmental protection, and consumer protection in railway transport. The continuous adaptation of the law to both national and European developments underscores the outstanding importance of this legislation for rail transport and transport policy in Germany.
Frequently Asked Questions
Which authorities are responsible for enforcing the General Railway Act (AEG)?
In Germany, various authorities are responsible for enforcing the General Railway Act (AEG), depending on the subject area and the affected railway infrastructure or railway undertakings. The central authority at the federal level is the Federal Railway Authority (EBA), which is particularly responsible for overseeing safety, issuing and monitoring operating licenses, conducting licensing procedures, and enforcing technical and operational regulations. State authorities may also be responsible when it comes to non-federal railways. In addition, supervisory authorities work closely with other bodies such as the Federal Ministry of Digital Affairs and Transport (BMDV), the Federal Network Agency (regarding regulated access and charge issues), and the state ministries. Responsibilities are specified in the AEG as well as in supplementary ordinances and administrative regulations. In the event of disputes about responsibility, the Federal Railway Authority generally decides, unless a specific legal regulation takes precedence.
To what extent does the AEG regulate liability in the event of accidents in railway operations?
The General Railway Act contains specific rules on liability in the event of accidents, in particular in §§ 1 ff. and §§ 14 ff. AEG. In principle, the railway undertaking is liable irrespective of fault (strict liability) for damages caused by the operation of a railway to the life, body, or health of persons, as well as to property. However, this liability is limited under certain conditions, for example if the accident was caused by force majeure, fault of the injured party, or a third party, which cannot be attributed to operations. There are also special provisions for the carriage of dangerous goods or in the event of collisions. In addition to the immediate liability regulations, the AEG also refers to the Civil Code (BGB) and other special laws, such as the Liability Act, unless they provide for different or more specific rules. Liability issues are often specified in supplementary regulations, including the Railway Operating Ordinance (EBO).
What role does the AEG play in the liberalization of the railway market in Germany?
The General Railway Act is the central set of rules that establishes and secures the legal framework for the liberalization and opening of the railway market in Germany. It implements the requirements of extensive European directive packages (including the railway packages) into national law, thus creating the legal basis for non-discriminatory access to the rail network. To this end, the AEG obliges both federally owned and non-federally owned infrastructure operators to make railway lines available to other railway companies for a fee. The AEG also regulates the conditions for track allocation, capacity management, as well as charge regulation and provides a competition law-like prohibition of discrimination (§§ 10 ff. AEG). The Federal Network Agency particularly monitors compliance with these regulations. In this way, the AEG ensures open competition and the prevention of monopolistic structures in the railway transport market.
How is access to railway infrastructure regulated under the AEG?
Access to railway infrastructure is detailed in the AEG in §§ 10 ff. Railway infrastructure companies are obligated to grant railway undertakings non-discriminatory access to their rail networks and, in certain cases, also to service facilities (e.g. stations, workshops). The usual requirement is that the applying railway company holds the necessary operating license and the required safety certificate. The processes for route allocation, determination of charges, and coordination of access conditions are specified in the AEG and in associated ordinances, such as the Railway Infrastructure Usage Ordinance (EIBV). The Federal Network Agency acts as the regulatory authority and decides on disputes or complaints regarding access or charges. The law thereby ensures that no arbitrary or discriminatory access barriers exist.
In which cases does the AEG require permits for railway infrastructure and operations?
The AEG differentiates between permits for the construction and operation of railway infrastructures as well as for railway undertakings. For the construction and operation of railway infrastructure (rail networks, stations, etc.), a planning approval or planning permit is required under § 6 AEG. For the commencement and operation of railway transport services, § 6 (1) AEG provides for an operating license requirement. For this, the company must particularly demonstrate reliability, capability, and financial standing. In addition, for passenger and freight operations, a safety certificate according to § 7a is required. In the case of significant changes or extensions to existing infrastructure or operations, a new or supplementary permit must also be obtained. The granting of permits is mandatorily tied to legally defined requirements and is monitored by the Federal Railway Authority and the competent state authorities.
What special obligations do railway infrastructure companies have under the AEG?
Railway infrastructure companies are subject to numerous obligations under the AEG, covering both operational safety and market organization aspects. They are required to keep the infrastructure functional, maintained, and safe, as well as to grant non-discriminatory access to third parties (§ 10 ff. AEG). This particularly includes the transparent publication of terms of use and charge regulations, immediate notification of capacity bottlenecks, as well as cooperation with operators of neighboring networks. Furthermore, infrastructure companies are required, in the event of capacity shortages, to carry out non-discriminatory capacity management and to provide the Federal Network Agency with extensive information. They also have a duty to cooperate in governmental inspections and investigations. If these obligations are violated, the AEG provides for extensive sanctions and remedial measures.
