Agreement In Accordance With Section 15A B-Vg Parking Space Monitoring In Vienna

Original Language Title: Vereinbarung gemäß Art. 15a B-VG über die Parkraumüberwachung in Wien

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_II_66/BGBLA_2013_II_66.html

66. agreement in accordance with section 15a B-VG parking space monitoring in Vienna

The Federal Government, represented by the Federal Government and the province of Vienna, represented parties to the Governor, in the following called, have agreed to conclude the following agreement B-VG in accordance with article 15a:

Preamble

This agreement is used to regulate the performance of the duties of the supervisory bodies for the stationary traffic and the short-term parking zones and establishing organizational structures for cooperation between the Contracting Parties in this area.

Article 1

Definitions

Under the terms of this agreement, the terms mean: 1 monitoring of stationary traffic: monitoring compliance of §§ 8 par. 4, 9 para 7, 23-25 and 26a (3) StVO 1960 as well as the short-term parking zones control regulation 2. monitoring of the short-term parking zones: monitoring of compliance with the control measures in 2006 associated with regulation of the Viennese Municipal Council on the basis of the Parkometerabgabe law (§ 5 ABS. 1 Parkometerabgabe law 2006) 3 parking space monitoring : Monitoring of stationary traffic and the short-term parking zones article 2

Subject of the agreement

Subject of the agreement is the cooperation of the Contracting Parties in the field of parking space monitoring in Vienna. The Contracting Parties agree to contribute best to the efficient and proper monitoring of parking space in Vienna. The province of Vienna transmits the monitoring of short-term parking zones of the country police headquarter Vienna.

Article 3

General obligations

(1) the province of Vienna provides the required personnel to the Federal nationwide monitoring of short-term parking zones and to assist the national police headquarter Vienna in stationary traffic monitoring. The province of Vienna will provide the equipment required for the service performance of the staff concerned, as well as premises for a parking space monitoring group base structure. The standard of necessary equipment and facilities are geared to that which existed prior to the transfer of the monitoring of short-term parking zones on the national police headquarters Vienna.

(2) the Federal Government is committed to the efficient monitoring of the short-term parking zones and dormant transport. A shift in the weighting of the monitoring activity at the expense of monitoring the short-term parking zones can be done only in agreement of the parties. Measures of the Federal Government with financial impact on the province of Vienna are before implementing them in the ways of the to be implemented under article 10 coordination panel with Vienna agreed to set.

(3) measures with financial impact referred to in para 2 are in particular 1.
Measures which affect the checks to be made in accordance with the current statutory regulations or are suitable to reduce the general preventive effects intended by the legislators, 2.
Measures relating to expenses for the staff provided.

Article 4

Monitoring of the short-term parking zones

(1) so far was the short Park zone monitoring - taking necessary priorities and the special needs of the short-term parking zones outside the comprehensive parking management - essentially carried over their lifetime with regular usage and in the statistical mean any parking space in a parking every day about 1.5 controlled. The Federal Government is committed to ensure that this level of monitoring efficiency will not fall below. Any synergy effects resulting from the transmission of the monitoring of the short-term parking zones on the national police headquarters Vienna are to exploit with the aim of increasing the density of monitoring.

(2) the Federal Government presents monthly a report to monitor the short-term parking zones Vienna, in which the efficiency of monitoring on the basis of the average daily frequency of controls is described. The basis of the calculation for determining the density of monitoring, as well as the detailed design of the reports to be submitted lays down by mutual agreement by the Contracting Parties in the ways of the to be implemented under article 10 Coordination Panel.

Article 5

Secondment of staff

(1) that para 1 is required number of staff to carry out the tasks under article 3 to the service at the national police headquarter Vienna seconded. In addition to the national police headquarters Vienna already those number of staff becomes provided employees for the time being to the service in the seconded, that the number of organs used so far to monitor the short-term parking zones corresponds to national police headquarters Vienna. In case an extension of parking space management in Vienna that number of staff at the national police headquarter Vienna service will be seconded in addition, which is required to maintain the ratio between the sum of to monitoring plots and the number so that existing Vienna prior to transfer the monitoring of short-term parking zones on the National Police Directorate establishment staff. This ratio is about 660 parking spaces per employee or Bedienstetem. Reduction in the seconded personnel by way of derogation by the conditions in this paragraph the performance of the National Police Directorate is adjusted Vienna in relation to monitoring the short-term parking zones according to.

(2) the exercise of all rights and obligations as a service authority to the seconded officials and civil servants and exercise all rights and obligations as an employer with regard to seconded employees, who are in an employment relationship established by contract, responsibility, if not other provisions provisions service administrative tasks to another body, the Magistrat der Stadt Wien. This shall not affect the rights referred to in paragraph 3 and 4 of this article coming to the national police headquarters Vienna.

(3) the national police headquarter Vienna is entitled to the technical supervision and issuing technical instructions with regard to seconded employees.

(4) the National Police Directorate Vienna following upcoming to an Akgün or a head of unit in staff matters powers in the context of service supervision: 1 establishment of the Organization of work, 2. term definition of recreational holidays in accordance with section 48 of the Act on the service legal of officials of the capital Vienna (1994 order) or section 25 of the Act on the service law of contract staff (contract agents right 1995), 3 municipal grant of special leave in accordance with section 52 of the Regulations 1994 or § 30 of contract staff order 1995 up to a maximum duration of 3 days , 4. perception of the special duties of the superior and the Dienststellenleiters or the Akgün pursuant to article 34 of the Service Regulations 1994 or § 6 of the contract staff systems in 1995, 5. perception of the heads or the Akgün in the procedure of insufficient description pursuant to section 10 of the regulations in 1994 coming powers, 6 performance appraisals of employees – according to the guidelines of the city of Vienna.

Article 6

Revocation of the delegation

In the case of a desired on the part of one of the parties, relating to one or several employees, revocation of the delegation, the Contracting Parties commit themselves to a coordinated approach. The parties agree to hold coordination meetings, if required, coordinated on behalf of the affected employees and the interests of the parties and by mutual agreement to proceed in such a case, with the involvement of the institutions appointed pursuant to the Vienna staff representation Act of representation of seconded staff.

Article 7

Organisation of monitoring activities

The Federal Government undertakes to organize the layout of servants to the control activity, which is conducive to the prevention of corruption and possible proper service performing to a system. In particular a rotation principle for the application is in the creation of the Service Division, whose further structuring through the set up pursuant to article 10 Coordination Panel to set. The current deployment plans, as well as the deployment plans of the last 6 months are to present the representatives or representatives of the land Vienna for inspection at any time on request.

Article 8

Revisions

The province of Vienna can carry revisions at any time together with the Federal Government. The Federal Government is committed to support the province of Vienna and the institutions, the revisions perform in particular access to the necessary premises and access to the service activity, relevant documents to grant. At the imminent danger, the institutions of the National Police Directorate of Vienna and of the land Vienna may independently conduct revisions, have each other but as soon as possible on occasion to inform the process and result of the revisions. In all other cases, the province of Vienna committed only after previous consultation and in cooperation with the national police headquarter Vienna making revisions.

Article 9

Staff representation and equal treatment


The Federal Government agrees, that according to the Vienna staff act to represent the seconded employees appointed bodies and which according to the Vienna equal treatment act ordered as contact persons and contact person in matters to recognise which relate to the protection and promotion of the interests of these staff or the compliance with the Vienna equal treatment Act compliance officer and contact women. Encounter differences of opinion on such matters can be settled not by mutual agreement, so is free the bodies appointed to represent the seconded staff, the State and the institutions ordered according to the Vienna equal treatment Act, to submit such matters to the to be implemented under article 10 coordination body.

Article 10

Establishment of a coordination body

(1) the Contracting Parties shall set up a Coordination Committee of 2 representatives or representatives of the Federal Government and of the country Vienna, facing in partnership and on an equal footing.

(2) the coordination panel shall meet at the request of a member within two weeks, otherwise but at least quarterly. It is dedicated to the joint solution of problems arising from current cases, the interpretation of this agreement and due to exceptional events. In addition, the Panel members share information and contribute to a common opinion-forming process.

(3) the Coordination Panel has in particular the following tasks: 1 joint coordination of measures of the Federal Government with financial impact on the province of Vienna (art. 3 para. 2 and 3);

2. mutually agreed definition of the basis of calculation for determining the density of monitoring and determining the monthly reports to monitor efficiency (art. 4 para. 2);

3. joint analysis of the reports to the monitoring effectiveness;

4. recommendations for improving the fulfilment of tasks;

5. recommendations for amendments to this agreement;

6 bringing about an amicable solution in the case of disputes between the Contracting Parties;

7 determination of the detailed design of to be followed when creating the service classification rotation principle (art. 7);

8. discussion and decision making on matters 9 last sentence; presented the coordination body under article

9-any recommendations for special monitoring priorities.

(4) for discussion on matters according to para 3 Z 8 of this article two representatives and representatives of the Staff Committee are advisory without to take voting rights. The institutions appointed pursuant to the Vienna staff representation Act of representation of seconded staff have to designate these representatives and representatives on invitation of the Coordination Panel in a timely manner.

(5) the Coordination Panel may adopt decisions at meetings and in urgent cases in the concentricity way.

(6) the coordination panel sets at its first meeting rules of procedure in which in particular the modalities of future meetings, the communication between the members, the procedure for establishing agendas, to fix the Protocol Guide, the representation of the members and any division of labor and Presidency are.

Article 11

Adjustment; Change

(1) the Contracting Parties agree to review this agreement in accordance with future developments on a possible need for adjustments to and, where appropriate, to start negotiations on necessary adjustments.

(2) an amendment to this agreement is only possible in agreement of the parties. Thereof notwithstanding the possibility of the termination of this agreement in accordance with article 13.

Article 12

In force

(1) this agreement is effective upon receipt of the messages of the Contracting Parties at the Federal Chancellery, that you are met for the force under the Federal Constitution and according to the Constitution of the country, with the first month of the following month.

(2) the Federal Chancellor's Office will inform the fulfilment of the conditions laid down in paragraph 1 and the date of entry of into force of the agreement the Contracting Parties.

Article 13

Period of validity; Termination

(1) this agreement is concluded for an indefinite period.

(2) this agreement may be terminated at any time by either party by written notice to the other party. A denunciation shall take effect 12 months after their receipt by the other Contracting Party.

(3) will be terminated this agreement on the part of one of the Contracting Parties, the transfer of monitoring the short-term parking zones on the national police headquarters Vienna within 12 months is to undo, if not a new agreement is concluded before the expiration of date.

Article 14

Original/deposit

This agreement is issued in a single original. The original copy is deposited with the Chancellor's Office. This has to transmit certified copies of the agreement the Contracting Parties.

 



For the Federal Government in accordance with the decision of the Federal Government



For the province of Vienna



The Federal Minister of the Interior:



The Governor:



Mikl-Leitner



Häupl the agreement enters into force in accordance with article 12 para 1 with 1 March 2013.

Faymann