Operating permit
The approval is the permission of an authority for the operation of motor vehicles and their items of equipment or technical systems , as well as day care centers .
General
Wherever there is a risk of operational hazards that could potentially lead to personal injury or property damage or even death, the legislature requires the operator , vehicle owner or owner to obtain official permission or approval before it is placed on the market , without which the operation of the system is not permitted . It is usually reduced to motor vehicles , but an operating license is also required in particular for railways , technical systems, airports, airplanes or day-care centers.
Legal issues
A permit is generally issued by the competent authority when the operating systems or vehicles are accepted , the safety concept and the principles and procedures for setting up the maintenance program are approved, the company has created an operating manual and system security has been proven.
Technical equipment
The construction and use of technical systems is generally permitted without special permission. However, there are numerous exceptions for systems that require monitoring . These are subject to a permit requirement in accordance with Section 18 (1) BetrSichV , so that the construction, operation and changes to the design or mode of operation that affect the safety of the system require a permit:
- Steam boiler systems ,
- Installations with pressure equipment ;
- Installations, including storage and storage tanks, for filling land, water and air vehicles with flammable gases;
- Rooms or areas including the fixed containers provided in them and other storage facilities for the storage of flammable liquids with a total volume of more than 10,000 liters;
- Fixed installations or installations used permanently at the same location with a handling capacity of more than 1,000 liters per hour for filling transport containers with flammable liquids;
- Fixed systems for refueling land, water and air vehicles with flammable liquids ( filling stations ) or
- Fixed systems or areas on airfields in which aircraft fuel tanks are filled with flammable liquids from hydrant systems (airfield refueling systems).
Systems that work with steam , pressure or flammable liquids are primarily recorded .
Railways
The initial commissioning of a "component of the railway system" (in particular stations , railway signals , rail network , locomotives or trains ) requires approval from the Federal Railway Authority in accordance with Section 8 of the Railway Commissioning Authorization Ordinance .
Genetic engineering plants
The construction and operation of genetic engineering facilities in which genetic engineering work of security level 3 or 4 is to be carried out require approval in accordance with Section 8 GenTG . According to § 3 No. 2 GenTG, genetic engineering work is the generation of genetically modified organisms or the reproduction, storage, destruction or disposal as well as the internal transport of genetically modified organisms as well as their use in other ways, unless a permit for the release or placing on the market for the purpose has yet been obtained later release into the environment.
Day care centers
The support of child care centers need to § 45 Abs. 1 SGB VIII an operating license, when all-day care at their facility children or teenagers or for part of the day. Youth leisure facilities , youth education facilities , youth hostels or school camps do not require any permission .
Motor vehicles
- General
The approval of motor vehicles according to § 19 StVZO , together with any necessary allocation of an official label , part of the approval procedure for motor vehicles on public roads in Germany. In simple terms, it is confirmation that the vehicle or vehicle part complies with the relevant national regulations. It is issued by the Federal Motor Transport Authority (KBA) for series vehicles and series parts . The operating permit is only valid nationally, i.e. in Germany.
The operating license has been partially replaced by the European type approval (= ETG), which is now mandatory for certain types of vehicle (cars, motorcycles, certain tractors). Since April 29, 2009, European type approvals have been issued for all vehicle classes in accordance with Directive 2007/46 / EC . From October 29, 2014, the guideline is binding for all vehicle classes. The exact time schedule for the application of Directive 2007/46 / EC is specified for the various vehicle classes in Annex XIX of this directive. Type approvals are issued in Germany by the KBA and in other European countries by comparable institutions of the European Union .
A distinction is made between:
- General operating permit (ABE) for vehicles or vehicle parts and the
- Individual operating permit (EBE) for vehicles or vehicle parts
- General operating permit for vehicles
Vehicles may only be put into operation on public roads in accordance with Section 3 (1) FZV if they are approved for traffic. Approval is granted on application if the vehicle corresponds to an approved type or an individual approval has been granted and there is a motor vehicle liability insurance in accordance with the compulsory insurance law . Approval takes place by assigning a license plate, stamping the license plate and issuing an approval certificate. Some types of motor vehicle and trailers do not require approval in accordance with Section 3 (2) FZV.
The general operating permit ( § 20 StVZO ) is generally issued to the manufacturer for vehicles to be manufactured or manufactured in series after an inspection carried out at his own expense (i.e. in the form of a type approval). All series vehicles corresponding to this type receive a data confirmation as evidence in accordance with Section 20 Paragraphs 3a and 3b StVZO in conjunction with Model 2d (Section 20) StVZO, by means of which the evidence - required in accordance with Section 6 Paragraph 3 FZV for initial registration - that the vehicle corresponds to a type for which a national type approval exists. If registration-free motor vehicles with a maximum design speed of more than 6 km / h and trailers that are intended for use behind such motor vehicles and for which a registration certificate Part I has not been issued, are driven or carried on public roads, the data confirmation (or the certificate of conformity or the certificate of the individual license) and to hand over to the responsible persons for examination on request. The manufacturer can issue a registration certificate part II (formerly: vehicle registration document ) for vehicles that require registration . The ABE can expire after a set period, e.g. B. in the event of revocation by the Federal Motor Transport Authority or if the approved type no longer complies with the regulations. The operating permit issued for the individual vehicle on the basis of the ABE is basically retained, unless changes are made to the vehicle (for example: shortening the springs, unapproved exhaust system, etc.). In this case, the vehicle's operating license expires (for more information, see Section 19 (2) StVZO).
- Individual operating permit for vehicles
The individual operating permit ( § 21 StVZO) is issued by the locally responsible vehicle registration office for a single vehicle and is only valid for this vehicle. An example of this would be a self-constructed vehicle or the import of a vehicle that has never been homologated in the European Economic Area (EEC) and is to be registered in Germany.
The operating permit is issued on the basis of the expert opinion of an officially recognized TH / Uni (aaS) expert from a technical testing center (TP). The preparation of an expert opinion according to § 21 StVZO is carried out in the old federal states by the Technical Inspection Association (TÜV) and in the new federal states by DEKRA .
- Operating permit for vehicle parts
The national operating license for vehicle parts ( Section 22 StVZO) is issued for a specific component, for example for special wheels such as aluminum rims . If the installation instructions are observed, the vehicle operating license does not expire when it is installed on a vehicle. The installation instructions can, however, make the continued validity of the operating permit dependent on the implementation of an acceptance test in accordance with Section 19 Paragraph 3, Clause 1, Item 3 of the StVZO. The copy of the operating permit for the vehicle part, which is supplied with the purchase , or, if applicable, proof of the acceptance of the modification, must be able to be presented to the police at a traffic control . In addition, the parts have a test mark in a clearly visible place .
In contrast, there is the e-passport or EC operating permit. If an approval mark , the so-called E-mark , is visible on these parts , the vehicle driver does not need a copy of the EC operating license or a copy of the EC operating license in accordance with Section 19 Paragraph 2 StVZO in conjunction with Paragraph 3, Clause 1, Number 2 and Paragraph 4 StVZO the certificate of conformity. However, if the area of application of the part is restricted, the manufacturer must provide information on the restrictions and regulations for installation in accordance with Section 6 (2) EG-FGV .
- Expiry of the operating license
If a vehicle proves not to comply with the regulations according to the FZV, the StVZO or the Small Electric Vehicle Ordinance , the licensing authority can set the owner or keeper a reasonable deadline to remedy the defects or restrict the operation of the vehicle on public roads in accordance with Section 5 (1) FZV or prohibit.
The expiry of the operating license is regulated in Section 19 Paragraph 2 and Paragraph 3 StVZO. According to § 19 Paragraph 2 StVZO, the operating license of a vehicle remains in effect until it is finally decommissioned, if it is not expressly withdrawn.
However, it can expire if one of the following three points is met:
- the vehicle type approved in the operating license is changed or
- a risk to road users is to be expected or
- the exhaust gas or noise behavior deteriorates.
Section 19 (3) StVZO states that the operating license for a vehicle also expires if a component is subject to an installation acceptance requirement, but this has not been met or if installation regulations, restrictions or requirements for technical changes have not been observed.
Driving with or without an operating permit is an administrative offense ( Section 69a, Paragraph 2, Sentence 1, Number 1a, Section 19, Paragraph 5, Sentence 1 of the Road Traffic Licensing Regulations) if an operating license is required for the means of transport , which is subject to a fine and points in Flensburg is punished. In addition, the licensing authority can prohibit operation and cancel the stamp.
Agricultural trailers that are not subject to authorization and that were brought into circulation before July 1, 1961 do not require an operating permit ( Section 50 (1) Vehicle Registration Ordinance (FZV)).
Aircraft and airports
German aircraft allowed under § 2 , Section 1. LuftVG only operate when the air traffic permitted (traffic license), and - to the - to the extent it is required by aircraft register on this day. Airfields ( airports , landing fields and glider airfields ) may only be created or operated with a permit according to Section 6 (1) LuftVG. In the approval procedure for airfields that require planning approval , the environmental compatibility must also be examined according to this provision . The approval of an airport is issued by the aviation authority of the country in which the site is located ( Section 39 (1) LuftVZO ). In contrast to the road and railway planning approval, the operational issues are more in the foreground at airports.
Magnetic levitation trains
A large number of technical and legal requirements had to be met for the authorization of magnetic levitation trains as a means of transport . According to § 5 Abs. 1 AMbG public magnetic levitation trains may not be operated without a permit. The Federal Railway Authority is the supervisory and licensing authority for this ( Section 4 (1) AMbG). According to § 4 MbBO , the entrepreneur may only start running magnetic levitation trains on a route if he has an operating permit to be issued by the Federal Railway Authority for this route.
Others
For most systems there is a legal strict liability (see operating risk ), according to which the operator / keeper / owner of a system or a motor vehicle must be liable for damage , even if he is not at fault . This is an indication that official operating permits are required in order to exclude or at least minimize hazards from the outset. The Federal Court of Justice (BGH) assumes that liability according to Section 7 (1) StVG is, as it were, the price for the approval of the dangers associated with motor vehicle traffic and therefore includes all damage processes influenced by motor vehicle traffic.
Individual evidence
- ↑ Ute Arentzen / Eggert Winter, Gabler Wirtschafts-Lexikon , 1997, p. 540
- ↑ Robert von Landmann / Gustav Rohmer , Comment on Trade Regulations , 1968, Preliminary remark to Section 16, Note 3
- ^ Heike Delbanco, The Change of Airports , 1998, p. 64
- ↑ Franz Büllingen, The Genesis of the Transrapids Magnetic Railway , 1997, p. 198
- ↑ BGHZ 105, 65
