Amendment To The Federal Road Toll Act 2002

Original Language Title: Änderung des Bundesstraßen-Mautgesetzes 2002

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_99/BGBLA_2013_I_99.html

99. Federal Act 2002 amends the Federal road toll Act

The National Council has decided:

The Federal Act on the toll collection on highways (bundesstraßen toll Act 2002 - BStMG), Federal Law Gazette I no. 109/2002, as last amended by Federal Law Gazette I no. 135/2008 and the Federal Ministry of law amendment of 2009, Federal Law Gazette I no. 3, is amended as follows:

1. in the table of contents will be after the line "§ 8 duties of drivers and employers" the rows "§ 8a the European electronic toll service provider", "§ 8B register", and "§ 8 c dispute resolution" added, which reads that row section 21: "§ 21 breach of information, obligation to cooperate and hold" and the section 37 is that line: "§ 37 implementation of Union law".

2. § 5 para 1 subpara 1 is: "1. vehicles, where pursuant to section 20 para 1 Nos. 4 and 5 para 1967 lights or lights with blue light are visible motor vehicles Act, motor vehicles Act 1967 only unless when they are used in 1967 and conditions granted in accordance with § 20 paragraph 6 motor vehicles Act is complied with in the case of vehicles according to § 20 paragraph 5"

3. in article 7, paragraph 2, the phrase "Article 7 para 4 and 6" is replaced by the phrase "In article 7 paragraph 3 and paragraph 2 of article 7j".

4. paragraph 7 para 3:

"(3) the toll creditor puts the toll settlement in article 2 of Directive 2004/52/EC technique called one and ensures the interoperability of electronic road toll systems in the European Union in accordance with articles 2 to 4 and the annex of the Directive 2004/52/EC. In accordance with Annex I of to decision 2009/750/EC creates requirements for providers of the European electronic toll service (toll service providers), and gives them access to the toll roads, if they comply with these requirements and obligations referred to in section 8a (4). He keeps a list of toll service provider, with which he has concluded a contract on the Internet under the address. www.asfinag.at"

5. in article 7, paragraph 4, the word order is after the phrase "on the European electronic toll service" "in accordance with articles 5, 7, 9, 12 to 14, as well as the annexes II to IV of the decision 2009/750/EC" inserted.

6 according to § 8, following articles 8a to 8 c with headings shall be inserted:

"Provider of the European electronic toll service

§ 8a. (1) toll service providers require with Office, Central Administration or principal place of business in Austria the registration by the Federal Minister for transport, innovation and technology, provided they are registered in another Member State of the European Union do not.

(2) that is registered to perform if the toll service provider meets the requirements referred to in article 3 of decision 2009/750/EC and to withdraw as soon as the there article 19 paragraph 1 lit. Conditions referred to in b, second sentence, no longer exist. Registration and withdrawal of registration be done by decision.

(3) toll service providers meet the obligations listed in article 4 of decision 2009/750/EC. You have to submit a global risk management plan created by them and an audit by a sworn and court certified expert or by a chartered accountant or an accounting firm created their global risk management plan together with an executive summary containing the main conclusions in the application for registration and every two years after registration. To submit the application on registration and thereafter annually no later than the end of the following calendar year evidence of compliance are lit in article 19 paragraph 1. Requirements referred to in b, second sentence, of the decision 2009/750/EC and an opinion on the compliance with these requirements by a sworn and court certified expert or by a chartered accountant or an accounting firm created.

(4) toll service providers, which lit as a toll device within the meaning of article 2. Decision 2009/750/EC are working, have to use separate accounting systems for these activities as well as to create separate profit and loss accounts and balance sheets, and to publish.

Register

section 8 b. The Federal Minister for transport, innovation and technology maintains a register in which the toll roads and the listed toll service providers registered by him in accordance with section 8a, paragraph 2 of decision 2009/750/EC on the Internet on the website of the Federal Ministry for transport, innovation and technology in accordance with article 19.

Dispute resolution

§ 8c. (1) without prejudice to the competence of the courts or the authorities, the toll creditors and/or the toll service providers may submit disputes arising from a contract existing between them - or negotiating relationship, in particular about the discriminatory nature of contractual terms and conditions and about its appropriateness in terms of costs and risks of the parties, the Schienen-control GmbH as a switch.

(2) the proof of the payment of a transfer fee in the amount of 20 €000 including VAT the application referred to in paragraph 1 is to be attached. Within one month after receipt of the Agency tells the parties in dispute whether all documentation required for providing the there are. If necessary, she takes on the remedy of defects (s) shall the or calls for documents by the defendant.

(3) the parties to the dispute and third parties who are involved in the deployment of the European electronic toll service on the toll roads, are obliged to participate in the procedure and to provide information to the Agency on request, to send her documents and to grant her access to records. The operator can consult independent experts at the expense of the parties to the proceedings by the parties to the dispute or remove them their headcount. The appointment of the experts and determining their compensation has to be made in consultation with the parties to the dispute.

(4) the Agency works towards an amicable settlement between the parties in dispute. Its opinion on the dispute one is reached, it shall at the latest six months after receipt of the request for mediation.

(5) in the context of dispute settlement, the General Administrative Procedure Act finds 1991 (AVG), Federal Law Gazette No. 51, no application. The Agency has set guidelines for the conduct of the conciliation procedure and to publish them on their website on the Internet.

(6) the Agency has leaked her operation or business secrets in particular in accordance with the data protection Act 2000 (DSG 2000), Federal Law Gazette I no. 165/1999, to true. The qualification of a fact as the industrial or business secret incumbent operator, which has also a balancing of the interests of the person entitled to secrecy on the one hand and the interests to carry out third-party disclosure on the other. The Agency has justified doubts as to the need to protect the secrecy of a fact, it has to communicate this to the person entitled and to urge him to persuade his economic interest in keeping.

(7) the exchange of information about their work, principles and actual practices with appropriate foreign places responsibility of the Agency.

(8) the Federal Minister for transport, innovation and technology has with effect from 1 January 2014 and thereafter annually each with effect from January 1, on the basis of the by the Federal Statistics Austria of as harmonised index of consumer prices or the index arising in its place the mediation fee pursuant to subsection 2 with regulation to adapt, by extending the published by the Statistical Office of the European Communities (Eurostat) for the month of July of the year of the enactment of the regulation year average (calculated to one decimal place) the rate of change. The calculated amounts are commercially be rounded to full euro."

7 paragraph 9 paragraph 5:

"(5) the toll tariffs are the regulation in accordance with article 1999/62/EC, as well as the EURO emission classes listed in Appendix 0 of this directive to differentiate into 7 g para 1 and 4 of the directive. In regulation, also a differentiation of the toll tariffs can be 7 g para 3 and 4 of Directive 1999/62/EC according to the time of the use of the road in accordance with article. The EURO emission classes are to merge to collective groups. Differentiations are permitted on a single toll sections or categories of vehicles after the date of the use of the road also restricted."

8 the following records are added the § 9 section 6:

"The highways - and highway - Finanzierungs - Aktiengesellschaft may provide to facilitate the toll settlement in the toll under a time limit-setting, that the registration owner obtains the preliminary mapping of a vehicle to a collective group by declaration of the EURO emission class. Approval, the owner has proof which declared EURO emission class failing which the preliminary mapping retroactively goes out to catch up, on time."

9. in article 9, paragraph 7 lit. b the word sequence "Of article 7 paragraph 11" is replaced by the phrase 'article 7f'.

10. in article 9, paragraph 8 is the phrase "article 2 lit. AA, article 7 paragraph 9 to 11 and Article 7a (1) and 7 "by the phrase"article 2 lit. AA, 7 b, 7 para 3, 7f and 7 g"replaced.


11. in article 15, paragraph 2, the existing Nos. 4 and 5 received the designations "5" and "6."; following new Z 4 is inserted: "4. provisions on the preliminary mapping of a vehicle to a pay scale by EURO emission class declaration and about bringing up proof of the EURO emission category (§ 9 para 6);"

12. in article 18, paragraph 2, third sentence is replaced by the phrase "in the field of toll control squares, crossings and interchanges" the phrase "in the field of toll control places".

13. in article 19, par. 2, first sentence, is replaced the expression "section 20" by the expression "§ 20 para 1 and 2" in article 25, paragraph 1, and article 27, paragraph 1.

14. in article 19, par. 4 and 5, and in section 24 para 2 the expression "§ 20 para 2" with the expression "section 20 para 2 and 3" will be replaced.

15. in article 20, paragraph 3 by following paragraph 3 to 5 is replaced:

"(3) approval owner, that failure get to the proof of the assignment of the vehicle to the stated EURO emission class and therefore cause the improper payment of dependent performance toll for the use of toll roads, committing an administrative offence and are to be punished by fine of €300 to €3 000.

(4) administrative offences are considered in accordance with paragraph 3 on that place committed, where use toll roads with a pursuant to § 9 para 6 fourth movement tentatively associated with a collective group vehicle detected by automatic monitoring or by official perception of toll Board of supervisors.

(5) acts referred to in paragraph 1 to 3 will be unpunished, if the toll debtor complies with the invitation to pay the replacement toll set in the toll in accordance with § 19 para 2 to 5."

16 paragraph 21 together with the heading:

"Violation of information, obligation to cooperate and hold

§ 21. Commits an administrative offence and is fined to punish with up to €3 000, who contravenes the provision of § 8 4 1;

2. contrary to sec. 8c para 3 first sentence not part in the conciliation procedure is involved;

3. contrary to § 18 paragraph 2 providing prompt to stop not due."

17. in article 24, paragraph 1, the expression "articles 20 and 21" by the expression is "§§ 20 and 21 Nos. 1 and 3" replaced.

18. in article 27, paragraph 1 and 2, the phrase is eliminated each "up to the amount of €1 200".

19. in paragraph 27, paragraph 3 following paragraph 3 and 4 is replaced:

"(3) toll supervisory bodies are authorized approval owners on the occasion of control of the handlebars of their vehicles a preliminary security to introduce if 1 was the suspicion of an administrative offence pursuant to section 20 para 3 on automatic monitoring or on official perception of toll Board of supervisors is based, 2. committed the administrative offence with the controlled vehicle and not more than three months, and 3. the owner of the registration law enforcement or the penal system seems impossible or substantially more difficult will be.

The desire is to the handlebar, which acts in the preliminary safety performance as a representative of the owner of the registration.

(4) preliminary collateral fine according to para 1 to 3 § 37a para 1 is last sentence, paragraph 4 and 5 of the administrative penal code 1991 (VStG), BGBl. No. 52, apply by analogy."

20. in article 28, paragraph 1, the expression "section 27 para 1 and 2" by the expression "§ 27 para 1 to 3" will be replaced.

21 paragraph 29 paragraph 2:

"(2) on administrative offences is in accordance with articles 20 and 21 / 1 §§ 47 and 49a VStG on punishable behavior are applicable, which is determined on the basis of automatic monitoring 2. § 47 para. 2 and 49a para 1 VStG with the proviso applies that regulation fines may be provided up to the amount of €600, 3. § 50 VStG inapplicable."

22. in article 33 the following paragraph 7 is added:

"(7) section 19 para 2 first sentence, para. 4 and 5, § 20 para 3 to 5, § 21, § 24, § 25 para 1, § 27, § 28 para. 1 and § 29 par. 2 in the version of Federal Law Gazette I no. 99/2013 with 1 July 2013 into force."

23. in article 35, para 3 by following paragraph 3 to 5 is replaced:

"(3) where in this federal law, Directive 1999/62/EC refers to that, this is a reference to the Directive 1999/62/EC on the charging of fees for the use of certain heavy goods vehicles, OJ No. L 187 of the sportzentrum p. 42, as amended by the directive of 2011/76/EC, OJ No. L 269 of 14th October 2011 p. 1.

(4) as far as this federal law refers the Directive 2004/52/EC, this is a reference to the Directive 2004/52/EC on the interoperability of electronic road toll systems in the community, OJ is No. L 166 of 30.04.2004 p. 124, in the version of the corrections, OJ No. L 200 of the 07.06.2004 p. 50 and OJ No. L 204 of the 04.08.2007 p. 30, and Regulation (EC) No. 219/2009, OJ No. L 87 of March 31, 2009 p. 109.

(5) where in this Federal Act, 2009/750/EC refers to the decision, this is a reference to the decision is 2009/750/EC laying down the characteristics of the European electronic toll service and its technical components, OJ "No. L 268 of October 13, 2009 s 11."

24 § 37 including heading is as follows:

"Implementation of Union law

section 37. With this federal law, the policy will be 1999/62/EC on the charging of fees for the use of certain roads by heavy commercial vehicles, OJ No. L 187 of the sportzentrum p. 42, as amended by the directive of 2011/76/EC, OJ No. L 269 of 14th October 2011 p. 1, Directive 2004/52/EC on the interoperability of electronic road toll systems in the community, OJ No. L 166 of 30.04.2004 p. 124, in the version of the corrections, OJ No. L 200 of the 07.06.2004 p. 50 and OJ No. L 204 of the 04.08.2007 p. 30, and Regulation (EC) No. 219/2009, OJ No. L 87 of March 31, 2009, p. 109, and the decision 2009/750/EC laying down the characteristics of the European electronic toll service and its technical components, OJ No. L 268 of October 13, 2009 p. 11, used to."

Fischer

Faymann