Secondary operation
The term ancillary business is used in different contexts. The legal term ancillary operations, which was previously standardized in Section 4 BetrVG , was abolished there and replaced on July 28, 2001.
Craft
An ancillary business within the meaning of §§ 2 No. 2 to 3, 3 Handwerksordnung is an organisationally independent part of a main business, for which the craft regulations and thus the compulsory master craftsman apply, if it is not only active to an insignificant extent or is an auxiliary business.
An insignificant secondary craft business is present if the average working time in the auxiliary business does not exceed those of a full-time business without auxiliary workers in the relevant craft branch ( Section 3 (2 )). Up until the 2004 amendment to the skilled trades, the average turnover of the auxiliary company had to be lower than that of the full-time operation of the trade in question without auxiliary workers. In decision 1 BvR 608/99 of March 31, 2000, the Federal Constitutional Court pointed out that the sensitive encroachments of the craft regulations on professional freedom make it necessary that the exceptional provisions in § 3 HwO are attached to the constitutional weight d. H. be laid out generously.
Federal highways
A secondary operation is a facility that serves road users on a federal motorway as a service provider. The ancillary operations include petrol stations , rest stops and guarded parking spaces , workshops and loading and transshipment facilities (see Section 15 (1) FStrG ). These facilities have a direct connection to the motorway and can usually only be reached from there.
Ancillary companies are not to be confused with ancillary systems . Ancillary facilities are mainly used for road construction administration and consist of road maintenance services , building yards and storage areas.
Norms and standards
- Crafts regulations (§ 3 HwO)
- Federal Trunk Road Act (§ 15 FStrG)
- Guidelines for the construction and operation of secondary operations on federal motorways and for the granting of a license (RN-BAB)
Individual evidence
- ↑ Federal Constitutional Court decision 1 BvR 608/99 of March 31, 2000
- ^ Research Society for Roads and Transport: Definitions, Part: Transport Planning, Road Design and Road Operation . FGSV Verlag, Cologne 2000, p. 91 .