Duty to operate

from Wikipedia, the free encyclopedia
This article or paragraph presents the situation in Germany . Help us to describe the situation in other countries.

Operating obligation , the obligation of the operator of an infrastructure or the holder means a permit to actually carry out the approved or agreed operation.

railroad

According to the German General Railway Act (AEG), the operating obligation arises with the approval according to § 6 AEG. It arises from § 4 AEG, in which the requirements for safe operation are specified, and from § 14 AEG, according to which the railway infrastructure company must grant all railway transport companies non-discriminatory use of its infrastructure (routes, stations, tracks, power supply) . The exemption from the obligation to operate takes place through a decommissioning procedure according to § 11 AEG.

passenger traffic

When the permit for local public transport is granted, there is also the duty of operational management. Traffic once authorized must therefore be carried out during the period of validity of the authorization. The obligation to operate is regulated in Germany in Section 21 of the Passenger Transport Act. It relates to the execution of the authorized traffic.

Obligation to carry

There is an obligation to carry numerous public transport vehicles , for example public rail passenger transport ( Section 10 AEG ) and public road passenger transport ( Section 22 PBefG ). The transport obligation for taxi companies only applies in the compulsory driving area (§ § 47 Paragraph 2, § 51 Paragraph 2 PBefG), they can refuse the transport according to § 13 BOKraft if there are facts that justify the assumption that the person to be transported is a danger for the safety and order of the company or for the passengers. In the air service is in addition to the unreasonableness of a general obligation to carry according to § 21 para. 2 LuftVG . Only in shipping is there no obligation to carry on scheduled services.

This obligation to carry is an obligation to contract because it legally forces the companies concerned to carry passengers if the latter so wish.

Commercial tenancy law

In commercial leasing law, the operating obligation refers to the obligation of the commercial tenant based on contractual agreements to keep the premises of a shopping or service center rented by him open to customers during specified times. This is done under the aspect of ensuring the attractiveness of this location for the benefit of all involved.

aviation

The obligation to operate at airports and airfields according to § 45 LuftVZO prescribes to keep the airport safe condition and operate properly. The opening times during which the airport is open, i.e. available for arriving and departing aircraft , are also covered by the operating obligation.

There is no operating obligation for special landing sites and glider airfields . Their opening times are set by the airport operator, and the PPR regulation often applies .