Deployment Of Intelligent Transport Systems In Road Transport And Its Interfaces With Other Transport Modes (Its Law Ivs-G)

Original Language Title: Einführung intelligenter Verkehrssysteme im Straßenverkehr und deren Schnittstellen zu anderen Verkehrsträgern (IVS-Gesetz – IVS-G)

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38. Federal Law on the Introduction of Intelligent Transport Systems in Road Transport and its Interfaces to Other Transport Carriers (IVS-Law-IVS-G)

The National Council has decided:

table of contents

Section 1
General provisions

§ 1 Purpose and scope

§ 2 Definitions

§ 3 Principles for the deployment of intelligent transport systems

§ 4 Priority areas

Section 2
Introduction of intelligent transport systems

§ 5 Specifications and measures

§ 6 Graphenintegration Platform

§ 7 obligations of the ITS service providers

§ 8 Data protection

§ 9 Liability

§ 10 Criminal determination

Section 3
Development of intelligent transport systems

§ 11 Monitoring

§ 12 Transport telematics report

§ 13 IVS-Advisory Council

Section 4
Final provisions

§ 14 referrals

Section 15 Entry into force

§ 16 Full Education

Section 1

General provisions

Purpose and scope

§ 1. (1) This federal law establishes a framework for the support of a coordinated and coherent deployment and use of intelligent transport systems (ITS) and lays down the general conditions required for this purpose.

(2) This federal law applies to the use of intelligent transport systems (ITS) in road transport and to their interfaces with other modes of transport. Measures relating to military defence, the protection of constitutional institutions and their capacity to act, as well as the democratic freedoms of the inhabitants, and the maintenance of order and security in the interior remain untouched by him.

(3) This federal law provides for Directive 2010 /40/EU on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport, OJ L 103, 25.4.2010.. No. OJ L 207 of 06.08.2010 p. 1.

Definitions

§ 2. In the sense of this federal law, the term

1.

"intelligent transport systems" or "ITS" systems in which information and communication technologies in road transport, including its infrastructures, vehicles and users, as well as in transport and mobility management and interfaces to other modes of transport;

2.

"interoperability" means the ability of systems and their underlying business processes to exchange data and to share information and knowledge;

3.

"IVS application" means an operational instrument for the use of ITS;

4.

"ITS service" means the provision of an ITS application within a well-defined organisational and operational framework, with the aim of increasing user safety, efficiency and comfort and/or facilitating or contribute to the support of transport and travel processes;

5.

"IVS service provider" means a provider of a public or private IVS service;

6.

"ITS user" means users of ITS applications or services, including travellers, particularly vulnerable road users, users and operators of road infrastructure, fleet managers and operators of emergency services;

7.

"particularly vulnerable road users" means non-motorised road users such as Pedestrians and cyclists as well as motorcyclists and persons with disabilities or reduced mobility and a limited sense of orientation;

8.

"interface" means a system between systems that serve to connect and communicate between systems;

9.

"compatibility" means the general suitability of a device or system to work together with other devices or systems without the need to make changes necessary;

10.

"continuity of services" means the ability to provide seamless services across the Union in transport networks;

11.

"road data" means the data relating to the characteristics of the road infrastructure, including the permanently installed traffic signs or their regulated security features;

12.

"traffic data" means data and real-time data relating to the road traffic situation;

13.

"travel data" means basic data such as timetables and fares of public transport as the necessary basis for the provision of multimodal travel information before and during the journey to facilitate the planning, booking and adaptation of the journey;

14.

"specification" means the binding setting of provisions with requirements, procedures or other relevant rules;

15.

"Graphenintegration platform" means the intermodal transport graph for Austria GIP;

16.

"AustriaTech" the AustriaTech-Gesellschaft des Bundes für technologiepolitical Measures mbH.

Principles for the deployment of Intelligent Transport Systems

§ 3. (1) Measures relating to the deployment of intelligent transport systems must:

1.

be effective, d. h. make a tangible contribution to the solution of the key problems facing Europe in the road transport sector (e.g. B. reducing congestion, reducing emissions, increasing energy efficiency, increasing safety, including in particular vulnerable road users);

2.

be cost-effective, d. h. optimise the cost-benefit ratio in order to achieve the objectives pursued;

3.

be proportionate, d. h. provide for a different level of quality of service and introduction, where appropriate, taking into account the specificities at local, regional, national and European level;

4.

promote the continuity of services, d. h. ensure the seamless provision of services across the Union, in particular within the trans-European network and, where possible, at the external borders of the Union, when ITS services are introduced. The continuity of services should be ensured at a level to be adapted to the characteristics of transport networks linking countries with countries and, where appropriate, regions with regions and cities with rural areas;

5.

Create interoperability, d. h. ensure that the systems and business processes underlying them are designed for the exchange of data and the sharing of information and knowledge, so that ITS services can be effectively provided;

6.

maintain backwards compatibility, d. h. ensure that ITS, where appropriate, can be operated in conjunction with existing systems that serve a common purpose without hindering the development of new technologies;

7.

take account of existing national infrastructure and network characteristics, d. h. take account of the inherent differences between transport network characteristics, in particular in terms of traffic volume and road weather,

8.

promote equal access, d. h. they must not hinder or have a discriminatory effect on access to ITS applications and services that are particularly vulnerable to road users;

9.

the technical ripening, d. h. demonstrate the reliability of innovative ITS on the basis of adequate technical development and operational use after an appropriate risk assessment;

10.

to ensure high-quality timing and location; this requires the use of satellite-based infrastructures or other technologies that have a comparable level of precision for ITS applications and services, which are a comprehensive one, require continuous, accurate and guaranteed timing and location;

11.

facilitate intermodality, d. h. where appropriate, the coordination of different modes of transport should be taken into account when ITS are introduced;

12.

maintain coherence, d. h. take account of the current rules, policies and actions of the Union relevant to ITS, in particular in the area of standardisation.

(2) In the case of maintenance of backward compatibility, consideration should be given, in particular, to the following IVS applications:

1.

the Graphenintegration Platform,

2.

intermodal route planner of the public sector,

3.

the truck parking information system of ASFINAG.

Priority areas

§ 4. Intelligent transport systems will be introduced as a priority in the following areas:

1.

Optimal use of road, traffic and travel data;

2.

Continuity of ITS services in the areas of transport and freight management;

3.

IVS road safety applications;

4.

Connection between vehicle and transport infrastructure.

Section 2

Introduction of intelligent transport systems

Specifications and measures

§ 5. The Federal Minister for Transport, Innovation and Technology can rely on the principles of § 3 after consultation of the IVS Advisory Board (§ 13) with regulation

1.

Declare the specifications adopted by the Commission in accordance with Article 6 of Directive 2010 /40/EU;

2.

introduce measures in the priority areas of § 4 to the extent necessary for the implementation of the legislative acts adopted pursuant to the second subparagraph of Article 6 (2) of Directive 2010 /40/EU, in particular measures relating to:

a)

traffic safety-relevant information and ITS applications,

b)

Information about route and parking management.

Graphenintegration Platform

§ 6. The Federal Minister for Transport, Innovation and Technology can rely on the principles of § 3 after hearing the IVS Advisory Board (§ 13) by means of a regulation

1.

set binding requirements for the graph integration platform, in particular specifications for the development, components and attribution of graphene as well as other technical standards,

2.

specify the conditions for the use of data from the graph integration platform by IVS service providers, in particular by committing them to:

a)

use the transit network specified in the graph integration platform when route recommendations are issued,

b)

In the forecast of travel times, account should be taken of the expected volume of traffic at travel time,

c)

to provide the public operators of the graph integration platform free of charge to the services offered by them.

Obligations of the ITS service providers

§ 7. IVS service providers are obligated to apply the mandatory specifications for the use of ITS applications in accordance with § 5 Z 1, to implement measures introduced in accordance with § 5 Z 2 and to comply with regulations issued in accordance with § 6 Z 2.

Data protection

§ 8. (1) IVS service providers have the provisions of the Data Protection Act 2000, BGBl. I No 165/1999.

(2) In particular, they shall ensure:

1.

the provisions on the consent to the use of personal data are complied with;

2.

that any misuse of data is avoided;

3.

that, where appropriate, the use of anonymous data is promoted;

4.

that personal data will only be processed to the extent that this is necessary for the operation of ITS applications and services.

Liability

§ 9. IVS service providers are liable according to the provisions of civil law, in particular the Product Liability Act, BGBl. No. 99/1988.

Criminal provisions

§ 10. Those who violate § 7 shall be punished by the district administrative authority with a fine of up to 4 000 euros.

Section 3

Development of intelligent transport systems

Monitoring

§ 11. (1) AustriaTech shall be entrusted with the following tasks:

1.

Observation and documentation of research and development of ITS applications at national and international level,

2.

Observation and documentation of the market for ITS applications at national and international level,

3.

Fulfilment of the functions of a trusted third party and a Schlichtungsstelle in the area of ITS services and IVS applications.

(2) The Federal Minister for Transport, Innovation and Technology shall report on the results of the monitoring according to paragraph 1 of each year to the Federal Minister for Transport, Innovation and Technology on 31 March each year.

Traffic telematics report

§ 12. (1) The Federal Minister for Transport, Innovation and Technology shall report to the National Council on 30 June each year a traffic telematics report.

(2) The report shall contain:

1.

National, international and cross-border status reports on current developments and research results on intelligent transport systems;

2.

Overviews of the success and penetration rates of IVS applications;

3.

Market overviews of ready-to-use ITS services;

4.

a description of current problems and fields of conflict;

5.

a brief overview of current issues of data protection and liability;

6.

a description and evaluation of the actions and projects carried out in the priority areas in the past year;

7.

a list of the need for action derived therefrom;

8.

Recommendations for future activities of the Federal Ministry of Transport, Innovation and Technology;

9.

a preview of the measures and projects envisaged for the reference year and for the four following years;

10.

a general summary.

(3) The transport telematics report shall be published on the website of the Federal Ministry of Transport, Innovation and Technology.

IVS Advisory Board

§ 13. (1) The Federal Minister for Transport, Innovation and Technology is setting up a Advisory Board for Intelligent Transport Systems.

(2) The members of the Advisory Board shall be appointed by the Federal Minister for Transport, Innovation and Technology from the circle of science, administration in the federal and state governments, the IVS service providers and the ITS users.

(3) Tasks of the Advisory Board are:

1.

the advice of the Federal Minister for Transport, Innovation and Technology;

2.

the scientific monitoring of the projects carried out in the priority areas.

Section 4

Final provisions

References

§ 14. Insofar as other federal laws are referred to in this Federal Act, these are to be applied in their respectively applicable version.

entry into force

§ 15. This federal law will enter into force on 31 March 2013.

Enforcement

§ 16. The Federal Minister for Transport, Innovation and Technology is responsible for the enforcement of this federal law.

Fischer

Faymann