Railway building and operating regulations

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Basic data
Title: Railway building and operating regulations
Abbreviation: EBO
Type: Federal Ordinance
Scope: Federal Republic of Germany            
Legal matter: Railway law , traffic law
References : 933-10
Original version from: November 4, 1904
( RGBl. P. 387)
Entry into force on: May 1, 1905
Last revision from: May 8, 1967
( BGBl. II p. 1563 )
Entry into force of the
new version on: 		May 28, 1967
Last change by: Art. 2 VO of April 5, 2019
( Federal Law Gazette I p. 479, 480 )
Effective date of the
last change: 		August 1, 2019
(Art. 3 of April 5, 2019)
Please note the note on the applicable legal version.
Transition between tram and railway operations in Bad Wildbad

The Eisenbahn-Bau- und Betriebsordnung (EBO) is a regulation for the construction and operation of regular-gauge railways in Germany . Within the rail infrastructure, the EBO operating regulations in 2013 covered a route length of 37,860 kilometers.

The EBO does not apply to the construction, operation or use of the railway facilities of a non-public railway infrastructure company .

For narrow-gauge railways, the Railway Construction and Operating Regulations for Narrow- Gauge Railways (ESBO) apply with comparable tasks. Railway signals are subject to the Railway Signal Regulations .

content

The aim of the ordinance is generally to ensure that railway systems and vehicles are designed in such a way that they meet the requirements of safety and order . These requirements are deemed to have been met if the railway systems and vehicles comply with the provisions of the ordinance and, unless it contains any express provisions, the recognized rules of technology .

Principles

The railway building and operating regulations

  • differentiates between main and branch lines ,
  • defines numerous terms for railway systems,
  • specifies limit values ​​and construction guidelines for the superstructure ,
  • regulates the construction and operation of numerous other railway facilities such as platforms , level crossings , signals , switches , route block facilities , telecommunications systems, etc.,
  • sets the minimum requirements that full-line vehicles must meet (e.g. continuous, self-acting brakes ),
  • regulates the technical monitoring system for railway vehicles,
  • regulates railway operations,
  • contains simplified regulations for tracks on which only city trains run,
  • defines the (e.g. health) requirements for staff in operations v. a. m.

Unlike for regulation on the construction and operation of the trams (BOStrab) powered trams , the trains run at EBO operated gauge railways in general or at speeds greater than 40 km / principle h not by sight, but in the space distance (distance between the Zugfolgestellen ) .

Rules for passengers

The EBO is important for the passenger insofar as it regulates “safety and order in the area of ​​the railway facilities” in Section 6. This includes with § 62 EBO "entering and using the railway facilities and vehicles" and with § 63 EBO "behavior in the area of ​​railway facilities". With § 64b EBO "administrative offenses" acts like z. B. getting in and out of vehicles on the wrong side or not designated places as an administrative offense . The same applies to opening doors while vehicles are moving, contaminating railway systems and vehicles, etc.

Exceptions

Example of an exceptional approval: In 1995, the Federal Ministry of Transport allowed the ICE 1 to run at speeds of up to 280 km / h , in deviation from a mandatory maximum speed of 250 km / h defined in the EBO

Exceptions can be made to the EBO regulations: To take account of special circumstances, the Federal Ministry of Transport and Digital Infrastructure (BMVI) can permit exceptions to all EBO regulations for federal railways ; For non -federal railways (NE railways), this can be done by the competent state authority. Insofar as exceptions are expressly provided for in the EBO, these are issued by the Federal Railway Authority (EBA) for federal railways and the relevant supervisory authority for non-ferrous railways.

Permits

If approvals are provided for in the EBO, these are issued by the EBA for federal railways and the competent state authority for NE railways.

history

background

In the early days of the railway in Germany, the railway administrations and associations issued their own regulations for regulating railway operations. In view of the growing diversity of railway companies, technical agreements were made in 1850 . Due to the imperial constitution of April 16, 1871 , uniform operating and railway police regulations were introduced for the German railways. On July 5, 1892, operating regulations for the main railways in Germany replaced these regulations. At the same time, standards for the construction, operation and equipment of the German railways and a railroad regulation for branch lines were issued.

BO from 1904

First railway building and operating regulations from 1904

The first Railway Building and Operating Regulations ( BO ) of November 4, 1904 came into force on May 1, 1905. It replaced the norms and regulations of 1892. Today's EBO is based on this ordinance, which was issued by the then Reich Chancellor Prince Bernhard von Bülow following a corresponding resolution by the then Federal Council .

The regulation replaced

It comprised four systems: delimitation of the clear space (A), bridge traffic load (B), delimitation of vehicles (C) and wheels (D).

BO from 1928

The BO from 1904 was replaced by a new BO on October 1, 1928 . The BO was included in the regulations of the Deutsche Reichsbahn as DV 300.

Between 1928 and 1967 it was changed a total of 15 times by legal ordinances, whereby changes after 1945 (correct: since the last version from 1943 ) only affected the area of ​​the then Federal Republic, but not West Berlin and the area of ​​the then German Democratic Republic . Since then, separate historical developments have also applied to the areas that fell to Poland after 1945 or were returned to Austria or France.

On the territory of the then Federal Republic of Germany (after 1949)

Reform 1957

The most important reform of the regulations after the Second World War was the version of September 1, 1957. Among other things, it made substantial changes to test measures and standards due to higher speeds. In 1958 the permissible speed was increased to 140 km / h.

Technical progress and new knowledge in the railway industry led to numerous exceptional approvals. In addition to individual changes that were absolutely necessary, an overall revision of the BO became inevitable.

EBO from 1967

With the fundamental revision of the regulation now known as EBO on May 8, 1967 in the area of ​​the then Federal Republic of Germany (in the GDR the version from 1943 continued unchanged until 1990), technical developments in particular were taken into account. It came into force on May 28, 1967. The abbreviation EBO was chosen based on the Railway Signal Regulations (ESO).

With the new version, among other things, the recognized rules of technology found their way into the EBO. This general clause took account of the fact that in the more than 100-year history of the German railways, state regulations no longer met the rapidly advancing technical development in the railway sector. 16 paragraphs of the previous BO were omitted without replacement. Regulations on water supply systems, turntables and transfer platforms were outdated and therefore removed . Other regulations, for example about the width of the track and the formation of the substructure, were not adopted because they had to comply with the rules of technology anyway and did not require any special regulation by EBO. As a result of increasing road traffic, the regulations on level crossings have also been tightened.

The new version also took into account the new constitutional conditions. It was issued by the Federal Minister of Transport in accordance with Section 3 of the  AEG and was the result of several years of discussions between representatives of the federal states, the DB and the Federal Association of German Railways.

With the introduction of the EBO, it should also be possible to revoke an unclear number of exemptions. Exemptions granted according to the previous law were no longer valid by the end of 1969.

The EBO's railway police law, which dates back to 1928, was also revised in the course of the amendment and adapted to the new legal relationships in the Federal Republic of Germany.

Further changes

The first ordinance amending the EBO of June 10, 1969 came into force on July 1, 1969 ( Federal Law Gazette II p. 1141 ). Its main purpose was to supplement Section 64a “Administrative offenses”. In addition, the occasion was used to incorporate some changes and corrections (clarifications) into the EBO due to conditions that have since changed. The administrative work could be simplified by the elimination of otherwise necessary exemptions.

The second regulation amending the EBO was issued on December 18, 1981 and came into force on January 1, 1982 ( Federal Law Gazette 1981 I p. 1490 ). With it once again the technical advancement in the railway industry was taken into account. A large number of exemptions granted since 1969 became irrelevant. The SI units , which have since been introduced in a legally binding manner , also found their way into the EBO.

On May 17, 1991, the third ordinance amending the railway construction and operating regulations of May 8, 1991 came into force ( Federal Law Gazette I p. 1098 ). With it, in turn, the technical development and possibilities of rationalization and administrative simplification should be taken into account, but also increased security requirements. In addition, the scope of action of the railway transport companies should be expanded.

The third EBO amending ordinance should come into force before the ICE system was put into operation on June 2, 1991 . The changes were compiled in a federal-state working group under the leadership of the Federal Ministry of Transport. It included representatives from the federal and state transport ministries, the German Federal Railways and the non-federal railways. At first a completely new EBO was considered, these considerations were discarded in favor of a (less costly) amendment of the EBO.

With the third EBO amending ordinance, the permissible speed for passenger trains was increased from 160 to 250 km / h and for freight trains from 100 to 120 km / h, and the static approach when calculating track spacing and clearance was replaced by a new, movement-related standard clearance . Deviations from the recognized rules of technology were made possible under the condition of demonstrating at least the same level of safety . Among other things, regulations on the standard clearance and vehicle limitation , the emergency brake override and a ban on level crossings at more than 160 km / h have been added. Pre- and main signals could be dispensed with, as long as technical facilities, such as the line train control , are available. Level crossings were banned on routes with more than 160 km / h. The EBO was also allowed to allow exceptions not only in individual cases but also in general. In addition, the text of the EBO has been tightened editorially.

German Democratic Republic and West Berlin after 1949

In the German Democratic Republic , the BO of June 17, 1928, last changed in 1943, continued to apply. The already general rules of the BO were, however, specified by the further rules of the DR, and since 1948 there were hardly any private railways in the area of ​​the later GDR. The need for a new version of the BO was therefore significantly less urgent. At the time of the division of Germany, the EBO was also not applicable in West Berlin , where its legal basis - the General Railway Act - had not been introduced. The BO from 1928 in the version from 1943 continued to apply there. With the Unification Treaty , the validity of the EBO for German reunification on October 3, 1990 was also extended to the territory of the Deutsche Reichsbahn , but the Unification Treaty in Chapter XI (Division of the Federal Minister of Transport), Section A: Railway Transport, Section III, No. 6 in letter a stated: "For existing systems, the bodies named in § 3 can prevent the continued validity of the provisions of the Railway Construction and Operating Regulations of July 17, 1928 (RGBl. II p. 541), last amended by ordinance of 23. July 1943 (RGBl. II p. 361), until December 31, 1993. "

All-German EBO

It was only with the establishment of Deutsche Bahn AG that the special regulations in the area of ​​the former GDR were (finally) suspended.

Five further, minor changes followed by 2005.

On May 17, 2000, the Transport Committee of the German Bundestag commissioned the Federal Government to set up a commission of experts to examine the scope for innovative approaches in the EBO. This should give space , especially in regional traffic , in order to regain traffic shares for the railways. 51 companies, associations and organizations were invited to participate in this commission, which presented its final report after three meetings. According to the study, the EBO offers sufficient scope for innovative technologies. Limitations are based on safety , interoperability , the uniformity of the railway system or economic efficiency .

Corresponding regulations of other countries

In Austria, analogous to the EBO, there is the regulation on the construction and operation of railways (Railway Construction and Operation Regulation - EisbBBV) .

literature

  • Railway building and operating regulations from November 4, 1904 . Wilhelm Ernst and Son, Berlin 1919.
  • Klaus-Dieter Wittenberg, Horst-Peter Heinrichs, Walter Mittmann, Jürgen Mallikat: Commentary on the Railway Construction and Operating Regulations (EBO) . 5th edition. Eurailpress, Hamburg 2006, ISBN 978-3-7771-0339-6 .

See also

Web links

Commons : Federal Ministry of Transport and Digital Infrastructure  - Collection of images, videos and audio files

(contains various exemptions from the EBO)

Individual evidence

  1. ^ A b c d e f Walter Mittmann, Fritz Pätzold, Dieter Reuter, Hermann Richter, Klaus-Dieter Wittenberg: The Third Ordinance to Change the Railway Construction and Operating Regulations (EBO) . In: The Federal Railroad . tape 67 , no. 7-8 , 1991, ISSN  0007-5876 , pp. 759-770 .
  2. ↑ a b c d e f g Alfons Thoma: From BO 1928 to EBO 1967 . In: The Federal Railroad . tape 41 , no. 13/14 , 1967, ISSN  0007-5876 , pp. 439–444 ( Drahtkupplung.de [PDF]).
  3. ^ Announcement regarding the operating regulations for the main railways in Germany . In: German Reich Law Gazette . tape 1892 , no. 36 , p. 747-763 ( Wikisource ).
  4. ^ Announcement regarding the operating regulations for the main railways in Germany . In: German Reich Law Gazette . tape 1892 , no. 36 , p. 691-722 ( Wikisource ).
  5. ^ Announcement regarding the operating regulations for the main railways in Germany . In: German Reich Law Gazette . tape 1892 , no. 36 , p. 764-785 ( Wikisource ).
  6. ^ Railway building and operating regulations (BO) . In: German Reich Law Gazette . tape 1928 , no. 37 , p. 542-588 ( wikimedia.org ).
  7. ↑ a b c d e Ernst Kockelkorn: Effects of the new railway building and operating regulations (EBO) on railway operations . In: The Federal Railroad . tape 41 , no. 13/14 , 1967, ISSN  0007-5876 , pp. 445–452 ( Drahtkupplung.de [PDF]).
  8. ^ Rolf Rückel: InterCity. Two-hour intervals on the rails . In: Deutsche Bundesbahn (Ed.): DB Report 72 . Hestra-Verlag, Darmstadt 1972, ISBN 3-7771-0119-2 , pp. 197-200.
  9. ↑ a b c Erich Kruchen: General legal questions on the railway building and operating regulations (EBO) . In: The Federal Railroad . tape 41 , no. 13/14 , 1967, ISSN  0007-5876 , pp. 469-473 .
  10. ^ Railway construction and operating regulations (EBO) . In: Federal Law Gazette Part II . tape May 20 , 2019 ( bgbl.de [PDF]).
  11. ↑ Walter Greeting: Operational safety - a primary corporate goal . In: The Federal Railroad . tape 54 , no. 3 , 1978, ISSN  0007-5876 , pp. 185-188 .
  12. ^ Heinz Delvendahl: The railway systems in the new railway building and operating regulations (EBO) . In: The Federal Railroad . tape 41 , no. 13/14 , 1967, ISSN  0007-5876 , pp. 453-460 .
  13. ↑ Erich Kruchen: New fundamental questions on the railway police law of the railway building and operating regulations . In: The Federal Railroad . tape 42 , no. 11 , 1968, ISSN  0007-5876 , pp. 414-422 .
  14. ^ A b c d Klaus-Dieter Wittenberg, Horst-Peter Heinrichs, Walter Mittmann, Jürgen Mallikat: Commentary on the Railway Construction and Operating Regulations (EBO) . 5th edition. Eurailpress, Hamburg 2006, ISBN 978-3-7771-0339-6 , pp. 29-37 .
  15. ↑ Changed EBO put into effect . In: The Railway Engineer . No. 7 , July 1991, ISSN  0013-2810 , pp. 384 .
  16. ↑ Wulf Schwanhäußer, Elke Schröter, Tibor Weidner: Free spaces in the railway construction and operating regulations (EBO) . In: Railway technical review . tape 50 , no. 9 , 2001, ISSN  0013-2845 , p. 519-524 .
  17. ↑ Entire legal regulation for the Railway Construction and Operation Ordinance - federal law consolidated. In: www.ris.bka.gv.at. Federal Chancellery , accessed on July 12, 2016 .