38. Federal law on the introduction of intelligent transport systems in road transport and its interfaces with other transport modes (its law IVS-G)
The National Council has decided:
Table of contents
1 article General provisions
Article 1 purpose and scope
Article 2 definitions
Article 3 principles for the deployment of intelligent transport systems
§ 4 priority areas
2. section introduction of intelligent transport systems
§ 5 specifications and measures
§ 6 graph integration platform
§ 7 obligations of the its service providers
§ 8 data protection
§ 9 liability
§ 10 criminal provisions
3. cut off development of intelligent transport systems
Article 11 monitoring
Section 12 Verkehrstelematikbericht
§ 13 its Board of advisors
4 section final provisions
§ 14 references
Article 15 entry into force
Section 16 execution
General terms and conditions
Purpose and scope
§ 1 (1) this federal law establishes a framework for promoting a coherent and coordinated deployment and use of intelligent transport systems (its), and the necessary policies are set.
(2) this Act applies to the use of intelligent transport systems (its) in road transport and its interfaces with other transport modes. Measures to the military defense of the country, to protect of the constitutional institutions and their capacity to act, as well as the democratic freedoms of the inhabitants and to the maintenance of order and security in the Interior at all remain unaffected by it.
(3) by this federal law, the directive is 2010/40/EC on the framework for the introduction of intelligent transport systems in road transport and its interfaces with other transport modes, OJ No. L 207 of the 06.08.2010 p.1, implemented.
§ 2. In the meaning of this federal law, the term means
1 "intelligent transport systems" or "IVS" systems, in which information and communication technologies; used in road transport, including its infrastructure, vehicles and users, as well as the traffic and mobility management and for interfaces with other transport modes
2. "Interoperability" means the ability of systems and the underlying business processes, data exchange and share information and knowledge;
3. "Its application" an operational instrument for the application of its;
4. providing an its application within a well-defined organizational and operational framework with the aim, to increase user safety, efficiency and comfort or to facilitate or support processes in transport and travel to contribute "Its service";
5. ' its service providers ' one provider of a public or private IVS service;
6 "IVS users" users of its applications or services, including travellers, vulnerable road users, users and operators of road infrastructure, fleet managers and operators of emergency services;
7 "vulnerable road users" non motorised road users such as such as pedestrians and cyclists and motorcyclists and persons with disabilities or reduced mobility and restricted sense of direction;
8. "Port" means a facility between systems that is used for the connection and communication between the systems;
9 "Compatibility" the general suitability of a device or system, together with other devices or systems to work without this would require changes
10 "Continuity of service" the ability for the Union-wide seamless provision of services in transport networks;
11 "Road data" data about characteristics of road infrastructure, including fixed traffic signs or their regulated security features;
12 'Traffic data' historical data and real-time data about the State of road transport;
13 "Travel dates" based on data such as timetables and fares of public transport as a 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" the setting of rules with requirements, procedure or other relevant rules;
15 "Graph integration platform" the intermodal traffic graphs for Austria GIP;
16 "AustriaTech" the AustriaTech - society of the Federation for technology policies mbH.
Principles for the deployment of intelligent transport systems
3. (1) measures concerning the introduction of intelligent transport systems must
1. effective, i.e. make a noticeable contribution to the solution of the key problems, which is facing Europe in the field of road transport (such as reducing traffic congestion, reduce emissions, increase energy efficiency, improve security involving vulnerable road users);
2. economically, the cost-benefit ratio in terms of achieving the desired objectives optimize, d. h.;
3. relatively, d. h. demand a different degree of achievable quality of service and introduction provide, taking into account the specificities at local, regional, national and European level;
4. continuity of services support, i.e. a Union-wide seamless provision of services, in particular within the trans-European network and as far as possible at the external borders of the Union, ensure, when its services are introduced. Continuity of services should be provided at a level, to adapt it to the characteristics of networks is the countries with countries and, where appropriate, regions with connect regions and cities with rural areas;
5. interoperability create, i.e. ensure that the systems and the underlying business processes for the exchange of data and the sharing of information and knowledge are designed so that its services can be provided effectively
6 i.e. make sure backwards compatibility, IVS, as appropriate, can operate with existing systems, which serve a common purpose, without that impeded the development of new technologies as a result;
7. the existing national infrastructure and network characteristics into account, i.e. the inherent differences between the characteristics of the transport network - 8 take into account in particular as regards the volume of traffic and road weather - promote equitable access, i.e. they must not impede the access of vulnerable road users to its applications and services or affect in this regard discriminatory;
9 the technical maturity show, i.e. after an appropriate risk assessment reliability innovative IVS based on sufficient technical development and demonstrate operational use;
10 provide for a high-quality timing and location. This requires the use of satellite-based infrastructures or other technologies that ensure a comparable level of accuracy for its applications and services that require a comprehensive, continuous, accurate and guaranteed timing and positioning;
11 facilitate intermodality, i.e. as far as the coordination of different transport modes reflect, if its implemented;
12. the coherence of true, i.e. the current rules, strategies, and actions of the Union, which are relevant for IVS, take into account, what applies in particular to the area of standardization.
(2) while maintaining backward compatibility, caution is particularly on following its applications to take:
1. the graph integration platform, 2. intermodal route planner in the public sector, 3. the truck parking information system of ASFINAG.
§ 4. intelligent transport systems are introduced primarily in the following areas:
1. optimal use of road, traffic and travel data;
2. continuity of its services in the areas of traffic and freight management;
3. its applications for road safety;
4. connection between vehicle and infrastructure.
Deployment of intelligent transport systems
Specifications and measures
§ 5. The Federal Ministry for transport, innovation and technology can, taking into consideration the principles of article 3, after consultation of its Advisory Committee (§ 13) Regulation
1 mandatory explain specifications, which were adopted by the Commission in accordance with article 6 of Directive 2010/40/EC;
2. in the priority areas of section 4 introduce measures, as far as these to implement the according to article 6 paragraph 2 subparagraph 2 of Directive 2010/40/EU adopted legislative acts are required, in particular measures relating to a) road safety-relevant information and its applications, b) information on routes, and parking management.
Graph integration platform
§ 6. The Federal Ministry for transport, innovation and technology can, taking into consideration the principles of article 3, after consultation of its Advisory Committee (§ 13) through regulation
set mandatory requirements on the graph integration platform, in particular specifications for development, components and attribution of graphs as well as other technical standards adopted, set 2. conditions for the use of data from the graph integration platform through its service providers, in particular they undertake a) issuance of recommended routes to use the passage NET given in the graph integration platform b) the forecast of travel times to take into account the expected volume of traffic at the travel time , c) the services offered by public operators of graph integration platform free of charge to make.
Obligations of its service providers
§ 7 its service providers are obliged to apply the use of its applications in accordance with § 5 No. 1 for binding stated specifications, perform 2 introduced measures in accordance with § 5 Z and Z 2 adopted regulations to comply with according to § 6.
8. (1) its service providers have the provisions of the data protection Act 2000, Federal Law Gazette I no. 165/1999, to keep in mind.
(2) you have to ensure in particular,
1. the provisions on the consent to use of personal data to comply;
2. that prevents any misuse of data;
3, as appropriate, encouraging the use of anonymous data;
4. that personal data will be processed only insofar as this is necessary for the operation of its applications and services.
§ 9 its service providers are liable under the provisions of civil law, in particular of the product liability law, BGBl. No. 99 / 1988.
§ 10. Who violates section 7, is to punish up to 4 000 euro fine by the district administrative authority.
Developing intelligent transport systems
11. (1) the AustriaTech is entrusted with the following tasks:
1. observation and documentation of the 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 conciliation board for the range of its services and its applications.
(2) the AustriaTech reports each year on the results of the monitoring referred to in paragraph 1 the Federal Minister for transport, innovation and technology as at 31 March.
Section 12 (1) the Federal Minister for transport, innovation and technology be refunded the National Council as at 30 June each year a Verkehrstelematikbericht.
(2) the report shall contain:
1. status reports on national, international and cross-border aspects of recent developments and research on intelligent transport systems;
2. Overview of success and penetration rates of its applications;
3. market overviews of ready to use its services;
4. a description of current problems and areas of conflict;
5. a brief overview of current issues of data protection and the liability;
6. a description and evaluation of the measures and projects that were carried out last year in the priority areas;
7. a statement of the need for action derived therefrom;
8. recommendations for future activities of the Federal Ministry for transport, innovation and technology;
9. a preview of the measures and projects that are taken for the year and for the next four years in prospect;
10. a comprehensible summary.
(3) the Verkehrstelematikbericht is on the website of the Federal Ministry for transport, innovation and technology to publish.
ITS Advisory Board
13. (1) the Minister establishes an Advisory Board for intelligent transport systems for transport, innovation and technology.
(2) the members of the Advisory Board are appointed by the Federal Minister for transport, innovation and technology from the circle of science, the Administration in federal and State, of its service providers and of its users.
(3) the tasks of the Advisory Board are:
1. the advice of the Federal Minister for transport, innovation and technology;
2. the scientific monitoring of projects carried out in the priority areas.
§ 14. As far as other federal laws are referenced in this Federal Act, these are to apply in their up-to-date version.
Entry into force
§ 15. This federal law enters into force on March 31, 2013.
§ 16. With the completion of this federal law, the Federal Minister for transport, innovation and technology is responsible for.