Amendment To The Federal Road Toll Act 2002

Original Language Title: Änderung des Bundesstraßen-Mautgesetzes 2002

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99. Bundesgesetz, which amends the Bundesstrasse-Mautgesetz 2002

The National Council has decided:

The federal law on the toll collection on federal roads (Bundesstraßen-Mautgesetz 2002-BStMG), BGBl. No 109/2002, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 135/2008 and the Federal Ministries of the Federal Ministries of Law 2009, BGBl. I No 3, shall be amended as follows:

1. In the table of contents, after the line "§ 8 Obligations of the vehicle drivers and employers" the rows "§ 8a Provider of the European electronic toll service" , "§ 8b Register" , and "§ 8c Dispute Settlement" inserted, the line in question is: "§ 21 Violation of the information, participation and retention obligation" and is the line in section 37: "§ 37 Implementation of Union law" .

2. § 5 (1) Z 1 reads:

" 1.

Vehicles on which headlamps or warning lights with blue light are visible in 1967 in accordance with Section 20 (1) (4) and (5) of the Motor Vehicles Act, in the case of vehicles in accordance with Section 20 (5) of the Motor Vehicles Act 1967 only if they are used in accordance with § § 20 (5) of the German Power Act. The provisions of Article 20 (6) of the Kraftfahrgesetz 1967 are complied with in accordance with conditions and conditions; "

3. In Section 7 (2), the word order shall be "of Article 7 (4) and (6)" through the phrase "Article 7 (3) and Article 7j (2)" replaced.

4. § 7 (3) reads:

" (3) The Mautcreditor shall set up a technique referred to in Article 2 of Directive 2004 /52/EC and shall ensure the interoperability of electronic road toll systems in the European Union in accordance with Articles 2 to 4 and of the provisions of Article 2 of Directive 2004 /52/EC. Hanges of Directive 2004 /52/EC. In accordance with Annex I of Decision 2009 /750/EC, it establishes requirements for providers of the European electronic toll service (toll service provider) and gives them access to the toll routes if they comply with these requirements and the provisions of § 8a (4) shall be fulfilled. He shall, on the Internet at www.asfinag.at, list those toll service providers with which he has concluded an appropriate contract. "

5. In § 7 (4), after the word order "about the European electronic toll service" the phrase "in accordance with Articles 5, 7, 9, 12 to 14 and Annexes II to IV of Decision 2009 /750/EC" inserted.

6. According to § 8, the following § § 8a to 8c shall be inserted together with the headings:

" Provider of the European electronic toll service

§ 8a. (1) The registration by the Federal Minister of Transport, Innovation and Technology, unless already in another Member State of the European Union, shall be subject to registration by the Federal Minister for Transport, Innovation and Technology (Bundesminister for Transport, Innovation and Technology). Union registered.

(2) The registration shall be carried out if the toll service provider fulfils the requirements of Article 3 of Decision 2009 /750/EC and to withdraw it as soon as the toll service provider in Article 19 (1) of Decision 2009 /750/EC has complied with the requirements of Article 19 (1). The second sentence is no longer available. Registration and withdrawal of registration shall be effected by communication.

(3) Mautservice providers shall comply with the obligations set out in Article 4 of Decision 2009 /750/EC. In the application for registration and every two years after registration, they shall have a global risk management plan drawn up by them and one by a generally appointed and court-certified expert or by an auditor. or an audit firm, through its global risk management plan, together with a summary summary containing the main conclusions. In the application for registration and thereafter to be submitted annually at the latest by the end of the following calendar year, evidence of compliance with the provisions of Article 19 (1) (1) shall be submitted. b second sentence of Decision 2009 /750/EC and an opinion drawn up by an expert who is generally certified and certified by a court or by an auditor or an audit firm on the fulfilment of these requirements.

(4) toll service providers, which shall also be used as a toll lifter within the meaning of Article 2 (lit). In Decision 2009 /750/EC, separate accounting systems have to be used for these activities and separate profit and loss accounts and balance sheets must be drawn up and published.

Register

§ 8b. The Federal Minister of Transport, Innovation and Technology, on the Internet website of the Federal Ministry of Transport, Innovation and Technology, is conducting a register in accordance with Article 19 of Decision 2009 /750/EC, in which the tolls and tolls the toll service providers registered by it pursuant to Article 8a (2) of this Directive.

Dispute settlement

§ 8c. (1) Without prejudice to the jurisdiction of the ordinary courts or authorities, the bribery and/or the toll service provider may dispute disputes arising out of a contractual or contractual relationship between them, in particular: the discriminatory nature of the terms and conditions of the contract and their appropriateness in terms of the costs and risks of the parties to the dispute, which shall be referred to as the intermediary of the Rail Control GmbH.

(2) The application in accordance with paragraph 1 is to be followed by the receipt of the payment of a mediation fee of € 20 000, including VAT. Within one month from the date of arrival, the Conciliation Body shall inform the parties to the dispute as to whether all the documents necessary for the mediation are available. If necessary, it shall carry out the rectification of defects to the applicant (s) or shall request documents from the defendant.

(3) The parties to the dispute and third parties involved in the provision of the European electronic toll service on tolls shall be required to participate in the proceedings and to provide information to the agency on request, to submit their documents and to provide them with access to records. The Conciliation Body may, at the expense of the parties to the dispute, draw on the proceedings of the parties to the dispute, or withdraw them from their staff. The appointment of the experts and the fixing of their remuneration shall be carried out in agreement with the parties to the dispute.

(4) The mediation body shall act on an amicable settlement between the parties to the dispute. If such a situation does not materiate, it shall notify its opinion on the dispute at the latest six months after the entry of the application for mediation.

(5) In the context of dispute resolution, the General Administrative Procedure Act 1991 (AVG), BGBl, is to be found. No. 51, no application. The Conciliation Body shall lay down guidelines for the implementation of the conciliation procedure and shall publish it on its website on the Internet.

(6) The agency has become aware of operational or business secrets that have become known, in particular in accordance with the provisions of the Data Protection Act 2000 (DSG 2000), BGBl. I No 165/1999. The qualification of a fact as a trade secret shall be the responsibility of the agency, which shall also be responsible for weighing up the interests of the person entitled to secrecy on the one hand and the interests of third parties on the disclosure of the disclosure of the information on the other hand. on the other hand. If the mediation body has reasonable doubts as to the protection of the secrecy of a fact, it shall inform the person entitled to it and ask him to credibly make his economic interest in the secrecy.

(7) The exchange office shall be responsible for the exchange of information on its work, principles and concrete practices with appropriate foreign bodies.

(8) The Federal Minister for Transport, Innovation and Technology has had an effect of 1. January 2014 and every year thereafter with effect from 1. Jänner, on the basis of the Harmonised Index of Consumer Prices or the index which is to be replaced by the Bundesanstalt Statistik Austria, to adjust the exchange rate in accordance with paragraph 2 with the Regulation by using the The annual average rate of change published by the Statistical Office of the European Communities (EUROSTAT) for the month of July of the year of the release of the Regulation (calculated for a decimal place). The amounts calculated shall be rounded off in commercial terms. "

7. § 9 (5) reads:

" (5) The toll rates shall be differentiated in the Regulation in accordance with the provisions of Article 7g (1) and (4) of Directive 1999 /62/EC and the EURO emission classes listed in Annex 0 to this Directive. The Regulation also allows a differentiation of the toll rates after the date of use of the road in accordance with the provisions of Article 7g (3) and (4) of Directive 1999 /62/EC. The EURO emission classes are to be combined into tariff groups. Differentiations after the time of use of the road are also restricted to individual toll sections or vehicle categories. "

8. The following sentences are added to § 9 (6):

" In order to facilitate the development of the toll in the toll system, the motorways and expressways-financing-public limited-liability company may provide for the approval of the licence holder by declaring the EURO emission class the provisional authorisation holder. The assignment of a vehicle to a tariff group. The holder of the registration has to obtain proof of the declared EURO emission class in due time, if the provisional assignment has been deleted retroactively. "

9. In § 9 para. 7 lit. b becomes the phrase "of Article 7 (11)" through the phrase "Article 7f" replaced.

10. In Section 9 (8), the phrase " Article 2 lit. aa, Article 7 (9) to (11) and Article 7a (1) and (7) " through the phrase " Article 2 lit. aa, 7b, 7e para. 3, 7f and 7g " replaced.

11. In § 15 (2), the existing Z 4 and 5 are given the names "5." and "6." ; the following new Z 4 shall be inserted:

" 4.

Provisions concerning the provisional assignment of a vehicle to a tariff group by declaration of the EURO emission class and on the catching up of the proof of the EURO emission class (section 9 (6)); "

12. In § 18 (2), third sentence, the word order shall be "in the area of toll checkpoints" through the phrase "in the area of toll checkpoints, border crossing points and connecting points" replaced.

13. In § 19 (2), first sentence, in § 25 (1) and in § 27 (1), the expression " "§ 20" by the expression "§ 20 (1) and (2)" replaced.

14. In § 19 (4) and (5) and § 24 (2), the term " "§ 20 (2)" by the expression "§ 20 (2) and (3)" replaced.

15. In § 20, paragraph 3 shall be replaced by the following paragraphs 3 to 5:

" (3) authorisation holders who do not provide proof of the allocation of the vehicle to the declared EURO emission class in due time and thereby the non-proper payment of driving performance-dependent tolls for the use of toll routes , commit an administrative surrender and are punishable by a fine of € 300 to € 3 000.

(4) Administrative transgressions pursuant to paragraph 3 shall be deemed to have been committed in that place where the use of toll routes with a vehicle provisionally assigned to a tariff group in accordance with section 9 (6), fourth sentence, by automatic monitoring or by the official perception of a mouse supervisory organ has been established.

(5) The actions referred to in paragraphs 1 to 3 shall be subject to impunity if the debtor is in accordance with the conditions laid down in Article 19 (2) to (5) of the invitation to pay the replacement toll fixed in the toll system. "

16. § 21 together with the title is:

" Breach of information, co-action and retention obligation

§ 21. An administrative surrender is committed and is punishable by a fine of up to € 3 000.

1.

the provision of section 8 (4) is contrary;

2.

Contrary to Section 8c (3), the first sentence does not participate in the conciliation procedure;

3.

Contrary to § 18 para. 2 of the invitation to stop, it does not comply. "

17. In § 24 (1) the expression "§ § 20 and 21" by the expression "§ § 20 and 21 Z 1 and 3" replaced.

18. In § 27 (1) and (2), the word order is deleted "up to the amount of 1 200 €" .

19. In § 27, subsection 3 is replaced by the following paragraphs 3 and 4:

" (3) Mausupervisory bodies are authorized to provide temporary security for the control of the drivers of their vehicles on the basis of the control of the drivers of their vehicles, if:

1.

the suspicion of an administrative surrender pursuant to section 20 (3) is based on automatic supervision or on the official perception of a mouse supervisory body,

2.

the administrative transgressing with the controlled vehicle has been committed and does not exceed three months; and

3.

in the case of the authorisation holder, the prosecution or the execution of the prison may be made impossible or substantially more difficult.

The request shall be made to the handlebars, who shall be the representative of the authorisation holder in the performance of the provisional security.

(4) The provisional guarantees referred to in paragraphs 1 to 3 are § 37a (1), last sentence, (4) and (5) of the Administrative Criminal Law 1991 (VStG), BGBl. No. 52, apply mutatily. "

20. In § 28 (1) the expression "§ 27 (1) and (2)" by the expression "§ 27 (1) to (3)" replaced.

21. § 29 (2) reads:

" (2) On administrative transgressions according to § § 20 and 21 ist/are

1.

§ § 47 and 49a VStG also apply to criminal behaviour, which is established on the basis of automatic monitoring,

2.

§ § 47 para. 2 and 49a (1) of the German Ordination Act (VStG), with the proviso that the regulation may provide for financial penalties up to the amount of € 600,

3.

§ 50 VStG not applicable. "

22. In § 33, the following paragraph 7 is added:

" (7) § 19 para. 2 first sentence, para. 4 and 5, § 20 para. 3 to 5, § 21, § 24, § 25 paragraph 1, § 27, § 28 paragraph 1 and § 29 paragraph 2 in the version of the Federal Law BGBl. I n ° 99/2013 will enter into force on 1 July 2013. "

23. In § 35, paragraph 3 is replaced by the following paragraphs 3 to 5:

" (3) Where reference is made in this Federal Act to Directive 1999 /62/EC, this is a reference to Directive 1999 /62/EC on the charging of heavy goods vehicles for the use of certain infrastructures, OJ L 346, 31.12.1999, p. No. OJ L 187, 20.07.1999, p. 42, as amended by Directive 2011 /76/EC, OJ L 187, 20.7.2011, p. No. OJ L 269, 14.10.2011, p. 1.

(4) Where reference is made in this Federal Act to Directive 2004 /52/EC, this is a reference to Directive 2004 /52/EC on the interoperability of electronic road toll systems in the Community, OJ L 53, 22.2.2004, p. No. OJ L 166 of 30.04.2004, p. 124, as amended, OJ L 166, 30.4.2004, p. No. OJ L 200, 07.06.2004, p. No. 30, and Regulation (EC) No 219/2009, OJ L 327, 28.12.2009, p. No. OJ L 87, 31.03.2009 p. 109.

(5) Where reference is made in this Federal Act to Decision 2009 /750/EC, this is a reference to Decision 2009 /750/EC on the definition of the characteristics of the European electronic toll service and its technical components, OJ L 376, 27.10.2009, p. No. OJ L 268, 13.10.2009, p. 11.

24. § 37 together with the title is:

" Implementation of Union law

§ 37. With this federal law, Directive 1999 /62/EC on the charging of heavy goods vehicles for the use of certain infrastructures, OJ L 327, 22.7.1999, p. No. OJ L 187, 20.07.1999, p. 42, as amended by Directive 2011 /76/EC, OJ L 187, 20.7.2011, p. No. 1., Directive 2004 /52/EC on the interoperability of electronic road toll systems in the Community, OJ L 327, 22.12.2004, p. No. OJ L 166 of 30.04.2004, p. 124, as amended, OJ L 166, 30.4.2004, p. No. OJ L 200, 07.06.2004, p. No. 30, and Regulation (EC) No 219/2009, OJ L 327, 28.12.2009, p. No. 109, and to Decision 2009 /750/EC on the definition of the characteristics of the European electronic toll service and its technical components, OJ L 87, 31.3.2009, p. No. OJ L 268, 13.10.2009 p.11. '

Fischer

Faymann