Change The Road Traffic Act 1960 (25 Regulations Amendment)

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

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_39/BGBLA_2013_I_39.html

39. Federal law, with the highway code is changed (25 regulations Amendment) 1960

The National Council has decided:

The road traffic Act (StVO 1960), BGBl. 1960 No. 159/1960, as last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. in article 2, paragraph 1 2 following Z 2a is inserted after Z: '2a.
"Encounter zone: a road whose Fahrbahn is intended for common use by vehicles and pedestrians, and which is characterized as such;"

2. in paragraph 8b 1 is the quote "§ 53 ABS 1 Z 9e" by the quote "article 53, paragraph 1 Z 9 g" replaced.

3. paragraph 23 paragraph 2a:

"(2a) in residential streets and meeting areas parking of motor vehicles only in designated places is allowed."

4. in article 24, 5 b the following paragraph 5 c is inserted after paragraph:

"(5C) persons who are entitled to the independent exercise of the profession of midwife may during a trip to the performance of obstetrics the vehicle itself guided by them for the duration of the assistance on a road job, where the stopping or parking is prohibited, turn off when in the immediate vicinity of the stay of patient no place is free, on which may be stopped or parked" , and through the setting up of the vehicle safety is not affected. While such a statement, the vehicle with a Board, which must bear the inscription "Midwife in the service" and the official seal of the Austrian midwife Panel, must be marked. Except in this case such a labelling of vehicles prohibited."

5. Section 26a para 1 is as follows:

"(1) the drivers of vehicles of the public security service, the demining service, the military patrol and the military intelligence services are lit on driving restrictions in accordance with § 52 trips, insofar as this is necessary for the proper performance of duties on stopping and parking restrictions on speed limits. a Z 1, Z 6a, Z 6b, Z 6c, 6 d Z, Z 7a, Z 7b, Z 8a, Z 8b, and 8c Z and not bound by the prohibitions with regard to driving to the left edge of the roadway. You may use also the lanes and roads for buses. You may here but endanger anyone or damage things."

6. the heading of § 29 b "disabled people" is replaced by the heading 'People with disabilities'.

7 paragraph 29 b paragraph 1:

"(1) owners and holders of a disability pass after the Federal Disability Act, Federal Law Gazette No. 283/1990, which have the additional entry"Unreasonable use public transportation due to permanent mobility limitation due to disability", is as evidence about the privileges according to para 2 to 4 at the request of the Federal Office for Social Affairs and disability a card be issued to. The detailed provisions on this card are through regulation of the Federal Minister for labour, Social Affairs and consumer protection to meet."

8. (constitutional provision) in § 29 b is attached according to paragraph 1, the following paragraph 1a:

"(1a) (constitutional provision) the handing over and confiscation of identification referred to in paragraph 1 can be obtained directly by federal authorities."

9. in article 29, the following paragraph 6 is added b after paragraph 5:

"(6) badges, which have been issued prior to January 1, 2001 and the regulation of the Federal Minister for transport by November 16, 1976, BGBl. No. 655/1976, as last amended by Federal Law Gazette No. 80/1990, match, will expire with 31st December 2015 badges, which have been issued after January 1, 2001 and the regulation of the Federal Minister for transport, innovation and technology of the ID constantly severely handicapped persons (walking disability card Regulation)" ", Federal Law Gazette II No. 252/2000, match, remain valid."

10 paragraph 42 para 3:

"(3) the prohibitions stated in par. 1 and 2 trips are excluded from, exclusively the transport of slaughter or Stechvieh, by mail, as well as periodic printing works or the beverage supply in tourist areas, urgent repairs on refrigeration equipment or channel affliction, the towing, roadside assistance, the use in case of disasters, the use of vehicles of the road mounting to the maintenance of road transport, the use of vehicles of the public security service" ", the garbage disposal or the use of vehicles of line carrier rides of vehicles, according to fairground type serve to maintain the regular line traffic, (§ 2 ABS. 1 Z 42 KFG 1967) as well as emergency rides with trucks of the Federal Army with self-propelled agricultural machinery to carry out humanitarian aid transports and rides in the area on the last two Saturdays before the 24th of December."

11. in article 43, paragraph 1 lit. d replaced the phrase "always heavily handicapped persons" with "Persons with disabilities".

12. in article 43, paragraph 1a is the expression "AVG 1950" by the expression "of the General administrative procedures Act 1991 - AVG, Federal Law Gazette No. 51/1991" replaced.

13. in article 44, paragraph 4, the expression is "General Administrative Procedure Act 1950" by the expression "of the General administrative procedures Act 1991 - AVG, Federal Law Gazette No. 51/1991" replaced.

14. in paragraph 44 (b) paragraph 3 and article 98, paragraph 1 is the expression "General Administrative Procedure Act 1950" by the expression "General administrative procedures Act 1991 - AVG, Federal Law Gazette No. 51/1991" replaced.

15 paragraph 48 paragraph 5:

"(5) the distance between the bottom of a road sign and the road surface not less than 4.50 m and road signs only in exceptional cases or when using illuminated more than 5.50 m exceed not less than 0.60 m and only in exceptional cases more than 2.50 m, when mounted above the roadway during lateral fixing, unless otherwise specified in the provisions of this Federal Act on individual road signs. During lateral fixing the lateral distance between the first underlying the roadway of a road sign and the edge of the road may be less than 1 m and more than 2.50 m not less than 0.30 m and only in exceptional cases more than 2 m, on free roads only in exceptional cases in the local area. Are attached, on a mounting device more than a road traffic sign shall the measurements regarding the height distance between attached character for the lower trigram, attached side by side characters the measurements on the page distance for the attached sign closer to the roadway. The other characters are to apply in such a case according to the proportions."

16. in article 53, paragraph 1, the term "9 g" receives the Z 9e and following new Z 9e and 9f are inserted: "9e.
'MEETING ZONE'



This sign indicates the start of a meeting zone and means that the specific provisions of § 76 c apply. The number "20" by the number "30" is the meeting zone the speed limit according to § 76 c para 6 to 30 km/h increased, on the character to replace.

9F. 'End a meeting ZONE'



This sign indicates the end of a meeting zone and means that the specific provisions of § 76 c now no longer apply. In the meeting zone the speed limit according to § 76c para 6 to 30 km/h increased, the number "20" by the number "30" is the character to replace."

17. in article 53, paragraph 1, following Z 26 to 29 are attached: 26 ' bicycle road'



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

27 'CYCLE PATH WITHOUT DUTY OF USE OF'



This sign indicates a cycle path, which may be used by cyclists, but don't have to.

'28 pedestrian and cycle path without duty of use of' a) b) these characters show a pedestrian and cycle path, which may be used by cyclists, but does not have, namely a sign after a) one for the joint use by pedestrians and cyclists certain pedestrian and cycle path and a sign to b) a pedestrian and bike path where the pedestrian and bike traffic separately , where the symbols in the character to b) are allocated to the actual traffic routing according to (pedestrian right, left or vice versa).

"'29 end a bike road, a bike path or walking and bike path without obligation to use' a red cross from the left below above indicates the end of the respective bicycle road or cycling system right in the character after Z 26, 27 and 28."

18 paragraph 67 together with the heading:

"Bicycle road


67. (1) can explain if it is the security, ease, or liquid of transport, in particular of the bicycle traffic, or the unbundling of transport or due to the location, dedication, or quality of a building or area in the public interest, it is situated permanently or temporarily to bikeways the authority roads or sections of roads through regulation. In such a bicycle road each vehicle traffic except the bicycle traffic is prohibited. except is driving the vehicles referred to in section 76a subsection 5 as well as the premises for the purpose of supply and shut-down.

(2) the authority can determine in the regulation according to para 1 in accordance with the requirements and in accordance with local conditions, that must be navigated the bicycle road other than in para 1 mentioned vehicles permanently or at certain times; the crossing of bikeways is certainly allowed.

(3) the drivers of vehicles may not faster than 30 km/h drive in bicycle roads. Cyclists must be neither endangered nor obstructed.

"The provisions of section 44 para 1 with the proviso (4) for the promulgation of a regulation referred to in paragraph 1 that at the beginning and at the end of a bicycle road the relevant signs (article 53, paragraph 1 Z 26 and 29) to be fixed."

19. in paragraph 68 is according to paragraph  1 the following paragraph  1a is inserted:

"(1a) if it serves the ease and fluid of the bicycle traffic, and there are no concerns, however, for reasons of ease and fluid of other transport and traffic safety, can the authority determine that by way of derogation paragraph 1 of cyclists with single-track mountain bicycles without a trailer a cycle path or a pedestrian and cycle path may be used, but does not have. Such cycling or walking and cycling routes are to display the sign in accordance with article 53, paragraph 1 Z 27 to 29."

20 paragraph 68 para 2:

"(2) cyclists may ride side by side only on paths, Bikeways, in residential streets, encounter zones as well as - on other roads with public transport - during training rides with racing bicycles; driving side by side, only the outermost right lane may be used. In pedestrian zones cyclists may ride side by side, when driving on the pedestrian street with bicycles is allowed."

21. in § 68 para 3 is lit. d the point replaced by a comma and it will following lit. e added: "while e) of cycling without use of a speakerphone to make calls; requirements for hands-free devices section 102 paragraph 3 applies KFG 1967."

22. According to section 76, b is inserted the following section 76 c and heading:

"Encounter zones

§ 76c. (1) the authority can explain if it serves the security, ease, or liquid of transport, in particular of the pedestrian traffic, or is appropriate due to the location, dedication, or quality of a building or area, permanently or temporarily to meeting areas roads, road places or areas by regulation.

(2) in meeting areas, the drivers of vehicles must pedestrians neither endanger nor hamper, have to comply with a lateral distance corresponding to the traffic safety of local objects or facilities and may drive only with a speed of no more than 20 km/h. Steering of motor vehicles must not endanger or hinder also cyclists.

(3) in meeting areas, pedestrians may use the entire road. You may but do not deliberately obstruct vehicle traffic.

(4) the application of thresholds, grooves, curbs and the like, as well as by horizontal structural facilities is allowed in traffic-friendly design it promotes road safety, if supports compliance with the permitted speed limit.

(5) the provisions of § 44 para 1 with the proviso apply for the promulgation of a regulation referred to in paragraph 1 that at the beginning and at the end of a meeting zone the relevant signs (§ 53 ABS 1 Z 9e and 9f) to install.

(6) if it is the ease and fluid transport and there are no concerns, however, for reasons of safety, the authority in the regulation may increase the speed limit referred to in paragraph 1 to 30 km/h."

23 § 83 para 2 is as follows:

"(2) if in a pedestrian street, in a residential street in a meeting zone no sidewalk exists, so the measurement applies pursuant to par. 1 lit. c regarding a Burkart for a 1.5 m applies the Declaration regarding the road. wide strip along the house fronts, for the rest of the pedestrian zone, residential street, or encounter zone"

24 § 88 par. 1 No. 2 is: "2. residential streets, meeting areas and pedestrian zones," 25 section 88a para 3 is:

"(3) skaters have to behave, that other traffic participants; compromised nor hampered in particular, they have their speed on sidewalks, paths, protection paths, pedestrian zones, to adapt the pedestrian traffic in residential streets and meeting areas. Apart from para 2 have to note the behavior regulations for pedestrian. skater"

26. in section 89a, para. 5, first sentence, is the bracket expression "(§ 24 AVG 1950)" by the parenthetical expression "(§ 22 des Allgemeinen Verwaltungsverfahrensgesetzes 1991 – AVG, BGBl. Nr. 51/1991)" replaced.

27 § 89a para 5 second sentence reads:

"The person on which the prompt would be set not found, section 25 of the extra law - is ZustG, Federal Law Gazette apply by analogy to no. 200/1982,."

28 to § 90 the following paragraph 4 is added:

"(4) the applicant has the request to attach all documents that are required, so that the authority can assess the existence of the conditions referred to in paragraph 1."

29 paragraph 92 paragraph 2:

"(2) the owner or custodian of dogs have to ensure that these sidewalks, walkways, walking and bike paths, pedestrian zones, residential streets and meeting areas not pollute."

30 § 94b para 2 lit. a is eliminated.

31. in section 94d following Z be inserted after Z 8a 8B and 8 c: "8B. provision of bikeways including the granting of exceptions for bikeways (section 67), 8 c."
the determination of strolling zones (§ 76c),"31a. To article 98, the following sentence is attached c paragraph 2:

"As far as using a technical device referred to in paragraph 1 but not below a necessary safety distance, however exceeding a given fixed speed limit determined, should the relevant data one cover of increased administrative penal proceedings for the purposes to be used."

32. in § 99 para 1 to 4 the word "Arrest" is substituted by the word "Imprisonment".

33. § 99 para 3 lit. c is: "c) who the label"Physician on duty","Mobile home nursing service","Fire"or"Midwife in the service"without authorization or to other purposes referred to in section 24 used as," 34. According to § 99 paragraph 4, the following paragraph 4a is inserted:

"(4a) who as a cyclist who in § 68 para 3 lit. e does not meet stated commitment, commits, if regulations determined in a detention pursuant to § 97 paragraph 5 1960, an administrative offence which is to punish VStG with a fine of 50 euros with a police fine pursuant to section 50. If the payment of the penalty amount is denied, a fine is up to 72 euros by the authority, to impose a prison sentence of up to 24 hours, in the case of the recovery."

35. in article 100, paragraph 1 first sentence first half sentence and second sentence the word "Arrest punishment" is replaced by the word "Imprisonment".

36. in article 100, paragraph 1, first sentence, second half-sentence replaced the phrase "Money and arrest criminal" by the phrase "The fine and imprisonment".

37. in section 100, para 6 is the expression "Administrative penal law 1950" by the expression "of the administrative penal code 1991 - VStG, Federal Law Gazette No. 52/1991," replaced.

38. in 101, paragraph 1 is the expression "Administrative penal law 1950" by the expression "of the administrative penal code 1991 - VStG, Federal Law Gazette No. 52/1991" replaced.

39. in article 101, paragraph 3, the expression is "General Administrative Procedure Act 1950" by the expression "General administrative procedures Act 1991 - AVG, Federal Law Gazette No. 51/1991," replaced.

40. section 103 be added following paragraph 12 and 13:

"(12) § 2 par. 1 Z 2a, § 8 b para 1, § 23 para 2a, § 24 para 5c, section 26a para 1, § 42 para 3, § 43 para 1a, § 44 para 4, § 44 b para 3, § 48 para 5, § 53 para 1 No. 9e to 9 g and 26 to 29, § 67, § 68 para 1a, paragraph 2 and paragraph 3 lit." d and e, section 76c, § 83 para 2, § 88a para 1 No. 2 and 3, § 89a, par. 5, article 90, par. 4, § 92 para 2, § 94d Z 8B and 8c, article 98, paragraph 1, § 98 c para 2, § 99 para 1 to 4a, article 100, paragraph 1, and 6 and article 101, paragraph 1 and 3 in the version of Federal Law Gazette I no. 39/2013 with 31 March 2013 into force.


(13) the heading to § 29 b, as well as its para 1 and 6, § 43 para 1 lit. d, § 94b para 2 lit. I 39/2013 No. a and article 105 par. 3 in the version of Federal Law Gazette with 1 January 2014 into force. "Occurs with same time Ordinance of the Federal Minister for transport, innovation and technology on the card for continuously severely handicapped persons (walking disabled card Regulation), Federal Law Gazette II No. 252/2000, override."

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

"(14) (constitutional provision) § 29 I will take no. 39/2013 b para 1a and article 105 par. 5 amended by Federal Law Gazette 1 January 2014 effect.

42. paragraph 105 paragraph 3:

"(3) to the extent that federal law enforcement is to the countries she is the provincial governments, moreover, the Minister or the Federal Ministry of transport, innovation and technology unless paragraphs 1 and 2 and § 29 b paragraph 1 not stated otherwise."

43. (constitutional provision) in § 105 the following paragraph 5 is added after paragraph 4:

"(5) (constitutional provision) the enforcement of § 29 b paragraph 1a is the Federal Government entrusted."

Fischer

Faymann