Change The Road Traffic Act 1960 (25 Regulations Amendment)

Original Language Title: Änderung der Straßenverkehrsordnung 1960 (25. StVO-Novelle)

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39. Federal Law, which amalgles the road traffic regulations in 1960 (25. StVO-Novelle)

The National Council has decided:

The Road Traffic Regulations 1960 (StVO 1960), BGBl. No 159/1960, as last amended by BGBl. I No 50/2012, shall be amended as follows:

1. In Article 2 (1), the following Z 2a is inserted after Z 2:

" 2a.

Zone of encounter: a road whose road is intended for joint use by vehicles and pedestrians, and which is marked as such; "

2. In Section 8b (1), the quote shall be: "§ 53 (1) Z 9e" by quoting "§ 53 (1) Z 9g" replaced.

Section 23 (2a) reads as follows:

"(2a) In residential streets and meeting zones, parking of motor vehicles is only permitted at the places designated for this purpose."

4. In § 24, the following subsection 5c is inserted:

" (5c) Persons entitled to exercise the profession of midwifery in a self-employed capacity may, in the case of a journey to the performance of obstetrics, also be allowed to use the vehicle articulated by them for the duration of assistance on a road station on which the Stopping or parking is prohibited if, in the immediate vicinity of the patient's stay, there is no place on which to be held or parked, and the safety of the traffic is not caused by the installation of the vehicle. shall be affected. During such an installation the vehicle must be marked with a table bearing the inscription "Hebamme im Dienst" and the official seal of the Austrian Hebammen Body. Except in this case, such identification of vehicles shall be prohibited. "

Article 26a (1) reads as follows:

" (1) The handlebars of vehicles of the public security service, the demining service, the military dispute and the military intelligence services are, in the case of journeys, to the extent necessary for the proper performance of the service, to be held on the holding of a vehicle. and parking prohibitions, on speed limits, on driving bans according to § 52 lit. a Z 1, Z 6a, Z 6b, Z 6c, Z 6d, Z 7a, Z 7b, Z 8a, Z 8b, and Z 8c and to the prohibitions with regard to the access to the left roadway border not bound. You may also use lanes and roads for buses and coaches. However, they must not endanger persons or damage property. "

6. The title of § 29b "Disabled persons" is given by the heading "People with disabilities" replaced.

Section 29b (1) reads as follows:

" (1) Holders of a disabled passport according to the Federal Disabled Persons Act, BGBl. No 283/1990, which has the additional registration of 'unacceptability of the use of public transport due to permanent mobility restrictions on the grounds of disability', is available on request as proof of the authorities referred to in paragraphs 2 to 4. The Federal Office of Social Affairs and the Disabled are to be followed by an ID card. The more detailed provisions on this document are to be found by the Federal Minister of Labour, Social Affairs and Consumer Protection. "

8. (Definition of the Constitution) In § 29b, the following paragraph 1 is added after paragraph 1:

"(1a) (Determination of the Constitution) The conclusion and recovery of an ID in accordance with paragraph 1 may be directly concerned by federal authorities."

9. In § 29b, the following paragraph 6 is added:

" (6) ID (s) before the 1. Jänner 2001 was issued and the Federal Minister of Transport's Regulation of 16 November 1976, BGBl. No 655/1976, as last amended by BGBl. No. 80/1990, shall cease to apply as of 31 December 2015. Statements that follow the 1. In 2001, the Federal Minister of Transport, Innovation and Technology (Federal Minister for Transport, Innovation and Technology) issued a regulation on the identification of permanently severely disabled persons (ordinance for the expulsion of disabled persons), Federal Law Gazette (BGBl). II No 252/2000, remain valid. '

Section 42 (3) reads as follows:

" (3) The prohibitions referred to in paragraphs 1 and 2 shall not apply to journeys made exclusively for the carriage of slaughterhouses or stechs, mailings and periodic printing units or the supply of beverages in excursion areas, Repairs to refrigeration systems or of duct rakes, towing service, breakdown assistance, use in major emergencies, use of road-holder vehicles for the maintenance of road transport, use of vehicles of the public safety service, waste disposal or the use of Vehicles of a regular service for the maintenance of regular regular service, journeys with vehicles according to the type of Schaustellerart (§ 2 para. 1 Z 42 KFG 1967) as well as unstoppable journeys with trucks of the Bundesheeres, with self-proponent agricultural machinery, the carrying out of humanitarian aid and journeys in the local area on the last two Saturdays before 24 December. "

11. In § 43 paragraph 1 lit. d becomes the word sequence "permanently severely disabled persons" by "People with disabilities" replaced.

12. In § 43 (1a) the expression "AVG 1950" by the expression " The General Administrative Procedure Act 1991-AVG, BGBl. No. 51/1991 " replaced.

13. In § 44 (4) the expression "General Administrative Procedure Act 1950" by the expression " The General Administrative Procedure Act 1991-AVG, BGBl. No. 51/1991 " replaced.

14. In § 44b (3) and § 98 (1), the term " "General Administrative Procedure Act 1950" by the expression " General Administrative Procedure Act 1991-AVG, BGBl. No. 51/1991 " replaced.

Article 48 (5) reads as follows:

" (5) The distance between the lower edge of a road sign and the road shall not be less than 0,60 m when fitted laterally and more than 2,50 m in exceptional cases, and not less than 4,50 m when fitted above the roadway; and Only in exceptional cases or in case of use of illuminated road signs is more than 5,50 m, unless otherwise provided by the provisions of this Federal Act for individual road signs. In the case of lateral affixing, the lateral distance between the first edge of a road sign and the edge of the roadway in the locality shall not be less than 0,30 m and in exceptional cases more than 2 m, on open-air roads. Only in exceptional cases is less than 1 m and more than 2.50 m. Where more than one road sign is affixed to a mounting device, the indication of the height of the lower sign shall apply with the characters attached to each other, and the symbols attached to each other shall be used for the lower sign. Measurements with respect to the lateral distance for the symbol that is closer to the road. In such a case, the additional characters shall be applied in accordance with the size ratios. "

16. In § 53 (1), Z 9e is given the name "9g" and the following new Z 9e and 9f are inserted:

" 9e.

'MEETING ZONE'

This sign indicates the beginning of a meeting zone and means that the special provisions of Section 76c apply here. If, in the meeting zone, the permitted maximum speed has been increased to 30 km/h in accordance with Section 76c (6), the number "20" shall be replaced by the number "30" on the character.

9f.

'END OF A MEETING ZONE'

This sign indicates the end of a meeting zone and means that the special provisions of Section 76c are no longer valid. If, in the meeting zone, the permitted maximum speed has been increased to 30 km/h in accordance with Section 76c (6), the number "20" shall be replaced by the number "30" on the sign. "

17. In § 53 (1) the following Z 26 to 29 are added:

" 26.

'BICYCLE ROAD'

Bicycle road with lettering

This sign indicates the start of a bicycle road and means that the special provisions of § 67 apply here.

27.

'CYCLE PATH WITHOUT USE OF DUTY'

This sign indicates a cycle path that can be used by cyclists, but does not have to.

28.

'GEH-AND CYCLE PATH WITHOUT USE OF THE VEHICLE'

a)

b)

These signs indicate a cycle path which can be used by cyclists but does not have to be used, namely a sign according to (a) a road and cycle path intended for joint use by pedestrians and cyclists, and a sign after (b) Walking and cycling routes where the pedestrian and bicycle traffic is kept separately, with the symbols to be arranged according to b) of the actual traffic management (pedestrians on the right, the bicycle on the left or vice versa).

29.

'END OF A BIKE ROAD, A BIKE PATH OR WAY AND BIKE PATH WITHOUT THE USE OF THE VEHICLE'

A red crossbar from the bottom left to the top right in the signs after Z 26, 27 and 28 indicates the end of the respective bicycle road or cycling system. "

18. § 67 together with headline reads:

" bicycle road

§ 67. (1) The Authority may, where it is intended to ensure the safety, ease or fluid of transport, in particular bicycle traffic, or the unbundling of transport, or due to the location, dedication or condition of a building or territory in the The public interest is explained by regulation roads or road sections permanently or temporarily on cycle roads. In such a bicycle road, except for the bicycle traffic, any vehicle traffic is prohibited, with the exception of the driving with the vehicles referred to in § 76a (5), as well as the driving for the purpose of driving and departure.

The Authority may, in the Regulation referred to in paragraph 1, determine, in accordance with the requirements and in the light of local circumstances, that the cycle route shall also be permanent or to be determined by vehicles other than those referred to in paragraph 1. In any case, it is permitted to travel on time; the quiselling of bicycle roads is permitted.

(3) The handlebars of vehicles may not travel faster than 30 km/h in cycle roads. Cyclists are not allowed to be endangered or disabled.

(4) The provisions of Section 44 (1) shall apply to the proclamation of a regulation pursuant to paragraph 1, with the proviso that at the beginning and at the end of a bicycle road, the relevant signs (§ 53 (1) Z 26 and 29) shall be affixed. "

19. In § 68, the following paragraph 1 (1a) is inserted:

" (1a) If it is for the ease and the liquid of the bicycle traffic and for reasons of ease and fluid of the rest of the transport as well as for road safety there are no objections, the authority may determine that, by way of derogation from Par. 1 of cyclists with single-lane bicycles without a trailer a cycle path or a walking and cycling path must be used, but not. Such cycle paths or walking and cycling routes shall be indicated by the signs in accordance with § 53 (1) Z 27 to 29. "

Article 68 (2) reads as follows:

" (2) cyclists shall only be allowed to ride side-by-side on cycle paths, in cycle roads, in residential streets, in meeting zones and, on other roads with public transport, on training trips with racing bikes; the outermost right lane is used. In pedestrian zones, cyclists are allowed to ride side by side when driving on the pedestrian zone with bicycles is allowed. "

21. In § 68 (3), lit. d the point is replaced by a dash and the following is lit. e is added:

" e)

during cycling without the use of a hands-free facility; with regard to the requirements for hands-free facilities, § 102 (3) KFG is applicable in 1967. "

22. In accordance with § 76b, the following § 76c with headline is inserted:

" Meeting Zones

§ 76c. The Authority may, if it is appropriate to the safety, lightness or fluid of transport, in particular pedestrian traffic, or be appropriate on the basis of the location, dedication or condition of a building or territory, by Regulation Declare roads, street places or areas permanently or temporarily to encounter zones.

(2) In meeting zones, the handlebars of vehicles shall not endanger or hinder pedestrians, shall have to comply with a lateral distance corresponding to traffic safety from location-bound objects or installations and shall be subject to only one of the following: Speed up to 20 km/h. Handlebars of motor vehicles must not endanger nor hinder cyclists.

(3) In encounter zones pedestrians are allowed to use the entire road. However, they must not willingly obstruct vehicle traffic.

(4) The installation of sleepers, grooves, curbstones and the like, as well as of horizontal structures, shall be permitted in the design of the traffic, provided that this promotes road safety or provides for compliance with the permitted conditions. Maximum speed is supported.

(5) The provisions of Section 44 (1) shall apply to the proclamation of a regulation pursuant to paragraph 1, with the proviso that at the beginning and at the end of a meeting zone the relevant signs (§ 53 para. 1 Z 9e or 9f).

(6) If it is for the ease and fluid of transport and, for reasons of transport safety, there are no objections to it, the Authority may, in the Regulation referred to in paragraph 1, increase the maximum permitted speed to 30 km/h. "

23. § 83 (2) reads:

" (2) If there is no sidewalk in a pedestrian zone, in a residential street or in a meeting zone, the measurement according to paragraph 1 shall apply. c with respect to a walkway for a 1.5 m wide strip along the front of the house, for the rest of the pedestrian zone, residential street or meeting zone, the indication of the road. "

§ 88a (1) Z 2 reads:

" 2.

Residential streets, meeting zones and pedestrian zones, "

Section 88a (3) reads as follows:

" (3) Scooters have to behave in such a way that other road users are neither at risk nor impeded; in particular, they have their speed at walking, walkways, protective routes, in pedestrian zones, in residential streets and in Meeting zones to adapt to pedestrian traffic. Apart from paragraph 2, roller skaters have to comply with the rules of conduct applicable to pedestrians. "

26. In § 89a (5), first sentence, the parenthesis shall be "(§ 24 AVG 1950)" by the parenthesis expression " (§ 22 of the General Administrative Procedure Act 1991-AVG, BGBl. No. 51/1991) ' replaced.

Section 89a (5) second sentence reads as follows:

" If the person to whom the request is to be addressed cannot be determined, § 25 of the Delivery Act-ZustG, BGBl. No 200/1982, apply mutatily. "

(28) In § 90, the following paragraph 4 is added:

'(4) The applicant shall submit to the application all the documents necessary to enable the Authority to assess the existence of the conditions laid down in paragraph 1.'

29. § 92 (2) reads:

"(2) The owners or keepers of dogs shall ensure that these walkways, walkways, walking and cycling paths, pedestrian zones, residential streets and meeting zones are not polled."

30. § 94b para. 2 lit. a is deleted.

31. In § 94d, the following Z 8b and 8c are inserted after Z 8a:

" 8b.

the identification of cycle roads, including the granting of exemptions for bicycle lanes (§ 67),

8c.

the determination of meeting zones (§ 76c), "

(31a) The following sentence shall be added to section 98c (2):

' Where, in the case of a technical facility referred to in paragraph 1, it is true that there is no underwriting of a necessary safety clearance, but an exceedance of a permissible maximum speed fixed in accordance with the terms of reference may be established, the the data will also be used for the purposes of an administrative criminal proceedings relating to it. "

32. In § 99 (1) to (4), the word "Arrest" in each case by the word "Custodial Sentence" replaced.

33. § 99 para. 3 lit. c is:

" (c)

"Physicians in the service", "Mobile home care in service", "Fire brigade" or "Hebamme in the service", or used for purposes other than those referred to in § 24. "

34. According to Article 99 (4), the following paragraph 4a is inserted:

" (4a) Who as a cyclist who is in § 68 para. 3 lit. If this is stated in the case of a holding pursuant to Section 97 (5) StVO 1960, an administrative surrender, which is punishable by an organ punishment according to § 50 VStG with a fine of 50 euros is. If the payment of the penalty amount is denied, a fine of up to 72 euros shall be imposed by the authority, in the case of incriminality, a term of imprisonment of up to 24 hours. "

35. In § 100 (1), first sentence, first sentence and second sentence, the word shall be: "Arrest penalty" by the word "Custodial Sentence" replaced.

36. In § 100 (1), first sentence, second half sentence, the word order shall be "Money and Arrest Punishment" through the phrase "the fine and the custodial sentence" replaced.

37. In § 100 (6) the expression "Verwaltungsstrafgesetz 1950" by the expression " The 1991 Administrative Criminal Law-VStG, BGBl. No 52/1991, ' replaced.

38. In 101 para. 1, the expression "Verwaltungsstrafgesetz 1950" by the expression " The 1991 Administrative Criminal Law-VStG, BGBl. No 52/1991 ' replaced.

39. In § 101, paragraph 3, the expression "General Administrative Procedure Act 1950" by the expression " General Administrative Procedure Act 1991-AVG, BGBl. No 51/1991, ' replaced.

40. The following paragraphs 12 and 13 are added to § 103:

" (12) § 2 (1) (2a), § 8b (1), § 23 (2a), § 24 (5c), § 26a (1), § 42 (3), § 43 (1a), § 44 (4), § 44b (3), § 48 (5), § 53 (1) Z 9e to 9g and 26 to 29, § 67, § 68 (1a), para. 2 and para. 3 lit. d and e, § 76c, § 83 para. 2, § 88a para. 1 Z 2 and para. 3, § 89a para. 5, § 90 para. 4, § 92 para. 2, § 94d Z 8b and 8c, § 98 para. 1, § 98c paragraph 2, § 99 para. 1 to 4a, § 100 para. 1 and 6, and § 101 para. 1 and 3 in the version of the Federal Law BGBl. I n ° 39/2013 will enter into force on 31 March 2013.

(13) The title of § 29b as well as its para. 1 and 6, § 43 paragraph 1 lit. d, § 94b para. 2 lit. a and § 105 (3) in the version of the Federal Law BGBl. I n ° 39/2013 will be 1. Jänner 2014 in force. At the same time, the Federal Minister of Transport, Innovation and Technology (Federal Minister for Transport, Innovation and Technology) Regulation will enter into force on the identification of permanently severely disabled persons (ordinance for the expulsion of the disabled persons), BGBl. II No 252/2000, except for the force. '

41. (constitutional provision) § 103 is added after paragraph 13 (new) of the following paragraph 14 (new):

" (14) ( Constitutional provision ) § 29b (1a) and § 105 (5) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 39/2013 will be 1. Jänner 2014 in force.

Section 105 (3) reads as follows:

" (3) As far as the enforcement of this Federal Law is granted to the Länder, it is the responsibility of the Land Governments, moreover, to the extent that the Federal Minister of the Federal Republic of Germany and the Federal Republic of Germany, respectively, do not result from the first and second paragraphs of this Act and § 29b (1). the Federal Minister of Transport, Innovation and Technology. "

43. (Definition of the Constitution) In § 105, the following paragraph 5 is added:

" (5) ( Constitutional provision ) The Federal Government is responsible for the enforcement of Section 29b (1a). "

Fischer

Faymann