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

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66. Agreement in accordance with Art. 15a B-VG on parking surveillance in Vienna

The Federal Government, represented by the Federal Government, and the Land of Vienna, represented by the Landeshauptmann, hereinafter referred to as the Contracting Parties, have agreed to conclude the following agreement in accordance with Art. 15a B-VG:

Preamble

The purpose of this Agreement is to regulate the functioning of the monitoring bodies for the resting traffic and short-term parking zones and to set up organisational structures for cooperation between the Contracting Parties in this field.

Article 1

Definitions

For the purposes of this Agreement, the terms shall mean:

1.

Monitoring of stationary traffic:

Monitoring of compliance with § § 8 para. 4, 9 para. 7, 23 to 25 and 26a para. 3 StVO 1960 as well as the short-term parking zone monitoring regulation

2.

Monitoring of short-term parking zones:

Monitoring of compliance with the control measures ordered by the Vienna Municipal Council Regulation on the basis of the 2006 Parkometergesetz (Parkometergesetz 2006) (Section 5 (1) Parkometergesetz 2006)

3.

Parking space surveillance:

Monitoring of dormant traffic and short-term parking zones

Article 2

Subject of the Agreement

The subject matter of the agreement is the cooperation of the Contracting Parties in the field of parking surveillance in Vienna. The contracting parties agree to contribute to the efficient and cost-effective parking surveillance in Vienna. The Land of Vienna transfers the monitoring of the short-term parking zones of the State Police Directorate Vienna.

Article 3

General obligations

(1) The Land of Vienna shall provide the Federal Government with the necessary staff for the comprehensive monitoring of short-term parking zones and in support of the State Police Directorate Vienna in the monitoring of the resting traffic. The Land of Vienna shall make available the equipment of the staff concerned necessary for the execution of the service as well as the premises for a supporting point structure of the parking space monitoring group. The standard of the necessary equipment and premises is based on the one that existed before the transfer of the monitoring of the short-term parking zones to the State Police Directorate Vienna.

(2) The Federal Government is committed to the efficient monitoring of short-term parking zones and the rest of traffic. A shift in the weighting of the monitoring activity to the detriment of the monitoring of the short-term parking zones can only be carried out by agreement of the Contracting Parties. Measures taken by the Federal Government with financial implications for the Land of Vienna must be determined by common accord with the Land of Vienna prior to its implementation by means of the coordination body to be set up under Article 10.

(3) Measures with financial implications as referred to in paragraph 2 shall be in particular:

1.

measures which have an impact on the checks to be carried out in accordance with the applicable statutory provisions, or are likely to mitigate the generalpreventive effects intended by the legislators,

2.

Measures relating to expenditure on the staff made available.

Article 4

Monitoring of short-term parking zones

(1) In the past, short-term parking zones have been monitored, taking into account the necessary priorities and the special needs of short-term parking zones outside the area covering the whole area of the parking space, essentially via the Validity period with uniform use and in the statistical average of each parking space located in a short-term parking zone daily approximately 1.5 times controlled. The Federal Government undertakes to ensure that this level of monitoring efficiency is not undershot. Any synergy effects arising from the transmission of the monitoring of the short-term parking zones to the Vienna State Police Directorate shall be exploited with the aim of increasing the monitoring density.

(2) The Federal Government shall submit a monthly report to the Land of Vienna for the monitoring of short-term parking zones, in which the monitoring efficiency shall be described on the basis of the average daily control frequency. The bases for calculation of the monitoring density as well as the detailed design of the reports to be submitted shall be determined by common accord of the Contracting Parties by the coordination body to be set up in accordance with Article 10.

Article 5

Secondhand staff

(1) The number of staff members required for the performance of the tasks referred to in Article 3 (1) shall be secondhand to the Vienna State Police Directorate for the purpose of providing services. In addition to the staff already provided by the State Police Directorate Vienna, the number of staff members is secondhand to the Vienna State Police Directorate for the time being, which is the number of employees who have already been employed by the State Police Department in Vienna. Monitoring of short-term parking zones. In the event of an extension of the parking management in Vienna, the number of staff members of the service will be secondhand to the Vienna State Police Directorate, which is required to do so prior to the transfer of the surveillance of the Short-term parking zones shall be maintained at the State Police Directorate Vienna between the sum of the parking spaces to be controlled and the number of staff to be covered by the number. This ratio is approximately 660 parking places per staff member and/or Staff. In the event of a reduction in the number of seconded staff, by way of derogation from the framework conditions set out in this paragraph, the performance of the State Police Directorate Vienna shall be adjusted accordingly in the field of monitoring of short-term parking zones.

(2) The exercise of all rights and obligations as a service authority vis-à-vis the seconded officials and/or officials. the exercise of all rights and obligations as a service provider to the seconded staff members who are in a contractual relationship established by contract is incumbent on the responsibility of another person, unless otherwise provided for by other national law The municipal authority of the City of Vienna is responsible for the administrative tasks of the institution. The rights of the Vienna State Police Directorate pursuant to paragraphs 3 and 4 of this Article shall remain unaffected.

(3) The Vienna State Police Directorate is entitled to the professional supervision and issue of technical instructions to the seconded staff.

(4) The Vienna State Police Directorate shall, within the framework of the official supervision, delegate the following powers to a service manager or head of service in matters relating to the service of the service:

1.

the definition of work organisation,

2.

Determination of the holiday holiday period according to § 48 of the Law on the Service of Officials of the Federal Capital of Vienna (Code of Service 1994) and/or Section 25 of the Act concerning the duty of contract staff of the municipality of Vienna (Order of the Treaty of the Treaty of Vienna, 1995),

3.

Granting of special leave pursuant to Section 52 of the 1994 Regulations and § 30 of the Order of Order of the Treaty for 1995 up to a maximum of 3 days,

4.

the performance of the special service obligations of the the supervisor and the service manager, or the head of service in accordance with § 34 of the 1994 Service Regulations; § 6 of the Order of the Treaty of the Treaty of 1995,

5.

the performance of the Head of Service or the Director of Service in the case of an insufficient description in accordance with Section 10 of the 1994 Regulations;

6.

Acceptance of employee and employee assessments in accordance with the guidelines of the municipality of Vienna.

Article 6

Revocation of the secondhand

In the event of a revocation of the secondhand, which is sought by one of the parties, one or more employees, the Contracting Parties undertake to act in accordance with a concerted approach. The Contracting Parties agree, in such a case, with the involvement of the bodies appointed pursuant to the Vienna Personnel Representation Act on the representation of seconded staff members, to hold voting discussions, where necessary, in order to: the interests of the staff concerned and of the interests of the Contracting Parties in a coordinated and consensual manner.

Article 7

Organisation of monitoring activities

The Federal Government undertakes to organise the division of staff members in order to carry out control activities in accordance with a system which is conducive to the prevention of corruption and to the direction of service which is as cost-effective as possible. In particular, in the preparation of the division of services, a rotation principle must be applied, the further development of which shall be determined by the coordination body to be set up in accordance with Article 10. On request, the current operational plans as well as the operational plans of the last 6 months are the representatives of the representative. representatives of the Land of Vienna at any time for inspection.

Article 8

Revisions

The Land of Vienna, together with the Federal Government, can carry out revisions at any time. The Federal Government undertakes to assist the Land of Vienna in this respect and to grant to the institutions which carry out revisions, in particular access to the necessary premises and documents relating to the execution of the service. In the event of danger in delay, the organs of the State Police Directorate Vienna and the Land of Vienna may carry out revisions independently of each other, but have to inform each other as soon as possible on the occasion, the expiry and the result of the revisions. In all other cases, the Land of Vienna undertakes to carry out revisions only after prior agreement and in cooperation with the Vienna State Police Directorate.

Article 9

Staff representation and equal treatment

The Federal Government declares its readiness to act as a representative of the institutions appointed by the Vienna Personnel Act on the representation of seconded staff members as well as the equal treatment officers and contact women appointed under the Vienna Equal Treatment Act as to recognise contact persons in matters concerning the protection and promotion of the interests of these staff; to comply with the Vienna Equal Treatment Act. If there are differences of opinion on such matters, which cannot be settled by mutual agreement, it is the federal government, the bodies appointed to represent the seconded staff members as well as the bodies appointed after the Vienna meeting. Equal treatment law institutions are free to submit these matters to the coordination body to be set up under Article 10.

Article 10

Establishment of a coordination body

(1) The Contracting Parties shall set up a coordination body of 2 representatives each, respectively. Representatives of the Federal Government and the State of Vienna, who are in partnership and equal rights.

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

(3) The coordination body shall, in particular, carry out the following tasks:

1.

Joint coordination of federal measures with financial implications for the Land of Vienna (Art. 3 (2) and (3);

2.

A consensual definition of the calculation basis for the determination of the monitoring density and the design of the monthly reports on monitoring efficiency (Art. 4 (2);

3.

Joint analysis of monitoring efficiency reports;

4.

recommendations to improve the performance of tasks;

5.

Recommendations for amendments to this Agreement;

6.

To achieve a mutually agreed solution in the event of disputes between the parties;

7.

Determination of the closer design of the rotation principle to be observed when the service division is drawn up (Art. 7);

8.

Discussion and decision-making on matters submitted to the Coordination Body under Article 9 of the last sentence;

9.

Any recommendations on specific monitoring points.

(4) For the purposes of discussion with regard to matters pursuant to paragraph 3 (3) (8) of this Article, two representatives are respectively Advising representatives of the Staff Committee in an advisory manner without voting rights. The institutions appointed to represent the seconded staff members in accordance with the Vienna Personnel Representation Act have to appoint these representatives in good time at the request of the Coordination Body.

(5) The coordination body shall be able to take decisions at meetings and in urgent cases on the circular route.

(6) In the framework of its first meeting, the coordinating body shall establish a point of order in which, in particular, the modalities of future meetings, the communication between Members, the procedure for the establishment of agendas, the procedures for the establishment of a the management of the protocol, the representation of the members, and the division of labour and the chairmanship of the Presidency.

Article 11

Adjustment; modification

(1) The Contracting Parties agree to review this Agreement in the light of future developments and to take account of any need for adaptation and, where appropriate, to enter into negotiations on the necessary adjustments.

(2) An amendment to this Agreement shall be possible only in writing in agreement of the Contracting Parties. Of these, there is the possibility of termination of this agreement in accordance with Art. 13.

Article 12

In-force pedals

(1) This Agreement shall enter into force after the notification by the Contracting Parties to the Federal Chancellery of the Federal Republic of Germany that the provisions of this Agreement shall apply after the Federal in accordance with the country's constitution, the conditions for the entry into force are fulfilled, with the month's most of the following month in force.

(2) The Federal Chancellery shall communicate to the Contracting Parties the fulfilment of the conditions laid down in paragraph 1 and the date of entry into force of the agreement.

Article 13

Period of validity; Termination

(1) This Agreement shall be concluded for an indefinite period.

(2) This Agreement may be terminated by any Contracting Party at any time by written notification to the other Contracting Party. A notice of termination shall take effect 12 months after it has been received by the other Contracting Party.

(3) If this agreement is terminated by one of the Contracting Parties, the transfer of the monitoring of the short-term parking zones to the State Police Directorate Vienna shall be reversed within 12 months, provided that no one before the expiry of this period a New agreement will be reached.

Article 14

Urschrift/deposit

This Agreement shall be drawn up in a single original. The original text will be deposited with the Federal Chancellery. This shall transmit certified copies of the agreement to the Contracting Parties.

For the federal government according to the decision of the Federal

For the Land of Vienna

The Federal Minister for the Interior:

The Governor of the State:

Mikl-Leitner

Häupl

The agreement shall enter into force on 1 March 2013 in accordance with its Article 12 (1).

Faymann