Prohibition of use on the move
The prohibition of use on the move is a provision of the German Passenger Transport Act (PBefG). Until the amendment to the PBefG 2013, it concerned the ban on taking in travelers on excursions . With the amendment, the ban on excursions was lifted, but a new on-the-road service ban for long-distance bus services according to § 42a PBefG was introduced.
On the move ban until 2013
The prohibition of use on the move originated from the early days of the Deutsche Reichsbahn . At that time, this had a promotion privilege . For this reason, a ban on the use of buses on excursions and trips to holiday destinations was introduced.
This prohibition meant that all participants on such a trip had to be transported from one starting point (or several boarding points close together) to the same destination and had to be transported back to the starting point of the trip. On the return journey, too, only travelers who had been brought to the destination by the same entrepreneur were allowed to be transported.
The actual prohibition was regulated in Section 48 (3) of the Passenger Transport Act. The following was determined there:
“(3) It is not permitted to pick up passengers en route. This does not apply to neighboring locations or in rural areas for locations up to 30 km apart. "
The prohibition of on-the-go service meant that no activities similar to normal scheduled services could be carried out on such trips . Conversely, however, there was also no longer any obligation to carry that exists in regular services.
With the amendment of the PBefG on January 1, 2013, paragraph 3 of Section 48 and thus also the prohibition of on-the-road use for excursions were dropped .
On the move ban from 2013
A key aspect of the revised PBefG was the liberalization of long-distance bus traffic, which was previously not permitted in Germany parallel to long-distance passenger rail traffic . To protect the performance of public services in public transport services to be provided a corresponding service ban was recorded for relations on which regional rail -Services by the transport authorities are financed or their distance is less than 50 km. With the amended PBefG, this was anchored as a new regulation in § 42a :
"Long-distance passenger transport is the regular service with motor vehicles that does not belong to the local public transport within the meaning of § 8 Paragraph 1 and not to the special forms of the regular transport according to § 43 . The transport of people between two stops is not permitted if
- the distance between these stops is not more than 50 km or
- Local rail passenger transport with a travel time of up to one hour is operated between these stops. "
At the request of bus companies, the clause can be lifted if no significant impairment of existing local transport is to be expected or if there are no such offers.
