244. Regulation of the Federal Minister for transport, innovation and technology the driving test regulation modifies the (8th amendment to the FSG-PV)
On the basis of § 11 paragraph 7, section 12 paragraph 4, § 13 para 8 and section 34a para 4 of the driver's license law, Federal Law Gazette I no. 120/1997, in the amended Federal Law Gazette I is no. 50/2012 prescribed:
The driving test regulation, Federal Law Gazette II No. 321/1997 in the version BGBl. No. 307/2009 II is as follows change:
1. in article 6, paragraph 1, first sentence is inserted after the word "Plant" the number "1".
2. in article 6, paragraph 2, second sentence the phrase "B + E, C + E, D + E, as well as the subclass C1 + E" is replaced by the phrase "BE, CE(C1E) and DE(D1E)".
3. in article 6 para 3 first sentence the phrase "A, C, D, B + E, C + E, D + E, F and the subclasses of C1 and C1 + E" is replaced by the phrase 'A (A1, A2), C(C1), D(D1), BE, CE(C1E), DE(D1E) and F' and in the third sentence, the phrase "Class A" is replaced by the phrase "class A (A1) , A2) "."
4. in article 6, paragraph 4, last sentence is inserted after the phrase "for the class D" the phrase "and the class B to participate in driving tests for the class F" and the following sentence is added:
"A Hospitieren by a driving examiner in training is part of the driving test (§ 8 para 3 Z 4 and paragraph 5) or an audit within the meaning of § 12 place, so have all of the driving test to allow the participation of the fellows/Auditors contributors."
5. in article 6, paragraph 7, the phrase is replaced by the phrase 'BE, CE(C1E), DE(D1E) and F' "B + E, C + E, D + E and F as well as the subclass C1 + E".
6. in article 6, paragraph 11, 12 and 14, the phrase "or subclass" eliminates each "or Unterklasse(n)", "or subclasses" or "or subclasses". "
7. in article 7, paragraph 1 the last sentence the phrase "Class A or A1" replaced with the phrase "class A(A1, A2) and the following records will be added:"
"Passing a practical driving test on a motor vehicle with mechanically switchable transmission is required for the removal of this restriction. In the case of the extension of the class A1 or A2 to a higher class in accordance with article 18a, paragraph 1 or 2 FSG the constraint accounted for vehicles with automatic transmission if it was done in article 18a, paragraph 1 and referred 2 FSG practical training on a motorcycle with mechanically switchable transmission. The completion of this training on a motorcycle with mechanically switchable transmission is to be confirmed by the driving school."
8 § 7 para 2 No. 1 is: "1 class A: 1.1 class A1: single-track motorcycles of class A1 without sidecar, with a cubic capacity of at least 120 cm3, and a design speed of at least 90 km/h;"
1.2. class A2: single lane motorcycle without sidecar, with a cubic capacity of at least 395 CC and an engine power of at least 25 kW;
1.3. class A: single-track motorcycle without sidecar, with a cubic capacity of at least 595 ccm and an engine power of at least 40 kW;"
9. in section 7 para 2 Z 2.1. is replaced the designation "B & D" the term "Loading".
10. in section 7 para 2 Z 3.1 is replaced the designation "C & D" the label "CE".
11. in section 7 para 2 3.2. Z and Z 3.3 is the word "Subclass" replaced by the word "Class".
12 Z 3.3. is replaced the term "C1E" the designation "C1 + E" in section 7, paragraph 2.
13. in section 7 para 2 Z 3.3 and 4.1. Z is inserted each the word "at least" before the "800" number.
14. in section 7 para 2 Z 4.1. the designation "D & D" replaces the term "DE".
15. in section 7, paragraph 2 the point is replaced at the end of the Z 4.1. with a semicolon and following Z 4.2 and 4.3 are attached: "(4.2. Klasse D1: Fahrzeuge der Klasse D1 mit a) of a highest maximum authorised mass of at least 4000 kg, b) a length of at least 5 m, c) a design speed of at least 80 km/h, d) an anti-lock braking system and e) a control device according to Regulation (EEC) No 3821/85 on recording equipment in road transport" , OJ No. L370 of 31.12.1985, S. 8, as last amended by Regulation (EC) no 1266/2009, OJ No. L339 of December 22, 2009 S. 3;
"A design speed of at least 80 km/h and b) a cargo compartment of the trailer, which consists of a closed box body with a width and height of at least 2 m."
16 paragraph 7 para 3:
"(3) practical driving tests for the class F are both on tractors alone as well as with a transport to remove approved trailer, whose total mass of at least 1000 kg and first sentence KFG 1967 has of a braking system in accordance with § 6, par. 10. The tractor must be equipped not with reversing. If the examiner does not on the test vehicle will be a radio connection between the candidate and the examiner be used."
17 § § 8 to 13 are:
"Training and qualification examination for the driving examiner
§ 8 (1) is the training to the driving examiners perform according to the curriculum in accordance with Appendix 4. A teaching unit (UE) is 50 minutes.
(2) the theoretical training to the examiners for the classes B and BE includes a total of 32 lessons, in particular the following content to convey are: 1. the structure and content of the curriculum for the theoretical and practical training for the class B in accordance with annexes 10a and 10 c to the motor vehicles Act regulation 1967, BGBl. No. 77/1968 (KDV 1967), 2 Fisita and physical knowledge, 3. , to monitor the audit process closely, to control and to evaluate 4. structure and content of the examiner's guide - discussion of practical situations, 5. knowledge in traffic sense education and examination psychology, 6 knowledge in conversation.
(3) the practical training for the driving examiner for the classes B and BE includes a total of 48 lessons, in particular the following content to convey are: 1 practical exercises in accordance with the curriculum of theoretical and practical training for the class B in accordance with annex 10 to the co, 1967, 2. Fisita and physical knowledge, 3. structure and content of the Inspector manual - error review, 4. expiration of the practical driving test by Hospitieren when driving.
(4) includes the theoretical training to the examiners of further classes for the 1st class A....4 lessons, 2nd class CE... 8 teaching units (of which 6 C and 2 CE).
(5) the practical training for the driving examiner for the class A includes 8 class-specific lessons, the class-specific to the examiner for class CE 12 lessons.
(6) the qualification examination to the Examiners is to remove the driving examiner Commission pursuant to section 9. Prior to testing, the identity is to determine for each candidate. The examination to obtain the inspection authorization for the classes B and BE shall at least include: 1 a theoretical part of at least 45 minutes, including a class-specific consultation to the extent of at least 30 minutes, as well as a consultation to the extent of approximately 15 minutes to check the knowledge of traffic sense education and examination Psychology (including didactics, question technique);
2. a practical part of at least 45 minutes, and the candidate himself to put some content of a class-specific driving test; In addition is to simulate taking a driving test of the requested class under supervision of Inspector examiners with sufficient participation by only one member of the driving examiner Commission during this simulated test.
When considering the purchase of test authorization for more classes, the validation of knowledge in traffic sense education and examination psychology does not apply in the theoretical examination. The practical part can be reduced in this case, at least 30 minutes. The test vehicle is to provide the candidate and has to comply with the requirements of § 7. The test vehicle is a truck, so a separate seat for the must exist (the) driving examiner examiners. The provisions of § 6, par. 6 and 7 shall apply mutatis mutandis.
(7) was one of the two parts of the exam is not passed, so this may be reviewed at the earliest after one month. The theory test is to drop anyway, again when passed the practical exam within a period of 18 months after the theoretical exam.
(8) the total fee per start is 1 for the qualification examination for the driving examiner for the class B and BE... 400 euro 2 for the qualification examination for the driving examiner for the classes A or CE each... 200 euro.
(9) for the examination fees referred to in paragraph 8, the Governor has an examiner examiner, who is a member of the workforce of a local authority, is not retired, and during his regular weekly service time decreases the driving examiner checks to pay for 25 vH of the amounts referred to in paragraph 8. The rest goes to the Governor.
Driving examiner Commission
9. (1) the driving examiner Commission consists of two highly qualified trial examiners or experts for the teaching examination for lecturer or instructor, which are used where the qualification as a driving examiner for that class must have at least a member of the Commission, for the applicants to gain the qualification examination for the driving examiner, where by the Governor from a local authority staff stand for the class D(D1) and DE(D1E) the class CE and the class B is sufficient for the class F.
(2) only driving examiners or experts for the teaching examination for lecturer or instructor may be used to the driving examiner examiners have been active for at least five years as a driving examiner or expert lecturer or instructor teaching certificate checker.
Training of Examiners
§ 10 (1) in the framework of training (§ 34 paragraph 6 b FSG) which are in the Appendix 5 for the appropriate class of driver's licence to deepen specific subjects.
(2) any examiner has to prove a theoretical training in the circumference of 32 lessons per week - regardless of the classes he is entitled to check - each period of two years after his appointment. The interactive exchange of experiences to organizing annually by the Governor is annually on the continuing education requirement credit amounting to maximum of eight lessons. Of the modular continuing education courses (point I. 2 of annex 5) the driving examiners has to visit as many modules as is necessary to achieve the scope of theoretical training at its discretion. A multiple visit of the same module is allowed.
(3) any examiner has to demonstrate a practical training to the extent of 40 lessons per week - regardless of the classes he is entitled to check - each period of five years after his appointment. Here are the modules to choose from, which has multiple visit of the same module referred to in point II of annex 5..
(4) the education and training of the driving test Auditors is to be on the scope of the training obligation according to para 1 to 3.
(5) has a driving examiner the prescribed training (including those pursuant to article 34 b para 6 FSG) not completed, this examiner is so up to completion of continuing not to the creation of opinion to be used.
Duties of Examiners
§ 11 (1) driving examiners are bound to the opinion required by them to the of the Governor some point to reimburse. A driving examiner may only reject the classification to a driving test, if taking into account-worthy reasons; He is obliged to refuse the testing of candidates, and must - be used if this is not known to the authorities - to such driving tests if there is a bias in the sense of § 7 para 1 of the General administrative procedures Act (AVG), Federal Law Gazette No. 51/1991.
(2) driving examiners are to be made to the reimbursement of the opinion test in applicable tools and methods, in particular with regard to directories to circumstances and to be questions, as well as in terms of the content and the scope of the examination to the instructions of the Governor, by which they were ordered.
(3) driving examiners have to refund, whether the candidate within the framework of the practical examination 1 before starting the trip properly carry out the required vehicle check, 2. dominates the prescribed actions in the traffic-free area, 3. during the test drive correctly handles the actuation devices, has the required rest, presence of mind and independence, as well as understanding for the different traffic situations and to comply with is the traffic regulations in the steering of the vehicle under examination to be taken by them a technically thorough and comprehensible report about it.
Also has to provide the envisaged assistance of Examiners in individuals with understanding or reading difficulties in the case of § 3 par. 6.
(4) in the context of each driving test, the examiner has to fill in the test protocol according to Appendix 1 for the appropriate class for establishing expertise and traceable to document the testing process; These records are by the authority for at least five years to store and present the Governor or the Federal Ministry for transport, innovation and technology on request.
(5) the examiner notes within the framework of the driving tests carried out by him with candidates who draw attention to serious training deficiencies at the driving school or other exam-related defects, which do not guarantee a proper conduct of the examination, the examiner has promptly to inform the competent Governor of this fact.
Both the Governor (or an authority appointed by him) also the Federal Ministry of transport have § 12 (1) for quality assurance, to hold appropriate innovation and technology audits. The respective Governor has after one in agreement with the Federal Ministry of transport, to define innovation and technology selection procedure, which driving examiners by the competent provincial Governor, or by the Federal Ministry for transport, innovation and technology to audit. Within the framework of the audit, each examiner is to be observed on acceptance by at least three driving tests, as different classes. The auditor to drawn up has the Governor to report also that, in an appropriate manner of the outcome of audits of the Federal Ministry for transport, innovation and technology. The Governor and the Federal Ministry for transport, innovation and technology have to keep appropriate records of the audits carried out by them and enter the result in the licence register.
(2) only driving examiners must be used to the Auditor, the 1st for at least five years as driving examiners are active, 2 have permission to the examiner for that class, for which they should create an audit within the framework of a driving test, where the class C for the classes D(D1) and DE (D1E) and category B for the class F is sufficient and 3rd training to the Auditor in accordance with Appendix 6 at the Federal Ministry of transport , Innovation and technology have passed.
The Auditors have to undergo during periods of three years after completion of the training referred to in no. 3 a training amounting to eight lessons. This training in the span of eight teaching units at the Federal Ministry of transport is to complete innovation and technology and consists of the summary refresh of the three modules of the training to the auditor referred to in annex 6. Furthermore, additional cross-State meetings and exchange of experience by auditors can be performed in case of need.
(3) audits are to announce the examiner according to and have a by the Federal Ministry of transport, to expire given innovation and technology framework. The auditor has to hold his impressions during the observation in a standardized form available in the licence register electronically. In some cases, can by the Federal Ministry for transport, innovation and technology also the documents produced during the audit, such as written protocols, photos, etc. are required and must be communicated by the Governor by electronic means.
(4) be serious deficiencies in the expertise of the examiner is determined within the framework of the audit, is the driving examiners by the Governor or by the Federal Ministry for transport, innovation and technology to give opportunity to comment. If necessary, other appropriate training to prescribe and to complete by the driving examiners and conduct a new audit after a reasonable time from the Federal Ministry for transport, innovation and technology, or of the Governor in consultation with the Federal Ministry for transport, innovation and technology are also by the Governor - in addition to the prescribed pursuant to § 10 -. This connection again serious deficiencies are identified, the competent provincial Governor has to attract the examiners no longer creating the opinion. An any more attraction comes to opinions create provisional suspension - without prejudice to the possibility of revocation of the order according to § 13 para 2 – only after completion of an additional training into account.
(5) if it is necessary to ensure the quality, additional unannounced audits can perform in addition by the Governor or by the Federal Ministry for transport, innovation and technology in agreement with the Governor.
(6) the reporting obligation of the Governor referred to in § 34 of paragraph 8 b last sentence FSG is met, if provided in the licence register all relevant information in accordance with paragraph 3 available. Digital recordings made Einzelauditprotokolle, the audit or copies, as well as the evaluation of the audit of this year along with the names of the people involved in the audit are only on an individual basis at the request of the Federal Ministry of transport, to deliver innovation and technology of the Governor by electronic means.
Revocation of appointment
Section 13 (1) of Examiners is to impeach if the Steering permission due to lack of transport reliability was taken from him by the Governor in his capacity as an expert, or he is no longer trusted (without prejudice to the provisions of section 128 paragraph 1 KFG 1967).
(2) in the case of suspicion of serious shortcomings in the loss of a practical driving test by an examiner or if he only inadequately justified his decision in the audit logs, is to check the driving examiners by the Governor on his fitness and dismiss at most its function or to attract at least no longer creating the opinion.
(3) If a driving examiner is relieved of the authority its function, so the authority shall set a deadline, after which the reappointment of this examiner is possible."
18 § 14 para 2 and 3 are:
"(2) to the practical driving test for the loading, CE(C1E), and DE(D1E) classes is only to admit who has passed the practical driving test for the class or subclass of the towing vehicle.
(3) a candidate for the driving test in addition to the class aims to B one or several of the classes C(C1), CE(C1E), D(D1), or DE(D1E), so the practical driving test for the class may not take place B on the same day as those for the Klasse(n) C(C1), CE(C1E), D(D1), or DE(D1E)."
19 paragraph 15 paragraph 1:
"(1) the examination fee is the theoretical driving test per start for 1... 11 euro 2. the practical driving test for the classes A(A1,A2), B, BE, and F each class... 3. 60 euros the practical driving test for the classes C(C1), D(D1), CE(C1E) and DE(D1E) in accordance with § 11 par. 4 Z 3 FSG per class... 90 euros 4. the practical driving test for the C(C1) and D(D1) classes in accordance with § 11 paragraph 4a FSG... 180 euro."
20 paragraph 15 paragraph 1a:
"(1a) of in paragraph 1 Z 1 examination fee referred to charges 3.60 Euro the Federal Ministry for transport, innovation and technology, taking into use 1.60 Euro for the deployment of the interrupted for the theoretical driving test and 2 euros for the quality assurance of the practical driving test (including audit)." "The amounts are the Governor of the Authority (in the case of the Federal Police Directorate the Federal Ministry of the Interior) to transfer and by the Governor (the Federal Ministry of the Interior) collected twice a year (up to 15 January and 15 July of each year for the previous six months) at the Federal Ministry for transport, innovation and technology to dissipate."
21. in article 15, par. 2, first and second sentence each is the quote "para 1 Nos. 2 and 3" by the quote "ABS 1 Z 2-4", and in the third set, the amount of '75 Euro' by the amount of '135 euro' and the quote "and D" through "and replaced D(D1)".
22. in article 15, para. 3 subpara 1 lit. a is the quote "para 1 Nos. 2 and 3" by the quote "ABS 1 Z 2 to 4", the amount of '5 813 euro' by '8 500 euro' and replace the value of "25vH" with "20vH".
23. in article 15, para. 3 subpara 1 lit. (b) is replaced the quote "para 1 Nos. 2 and 3" by the quote "ABS 1 Z 2-4" and the value "90 vH" "85 vH".
24. in article 15, para. 3, no. 3 is replaced by the quote "ABS 1 Z 2-4" the quote "para 1 Nos. 2 and 3".
25. in article 17, paragraph 3, the phrase "C, D, B + E, C + E, D + E and the subclasses of C1 and C1 + E" is replaced by the phrase "BE, C(C1), D, CE(C1E) and DE".
26. in article 18 the following paragraph 11 is added:
"(11) article 6, paragraph 1 and 4, article 7, paragraph 1, 2 and 5, paragraphs 8 to 13, § 15 para 1 to 3 and § 17 para 3 as amended by Federal Law Gazette II No. 244/2012 into force on January 19, 2013." § 7 para 3 in the version BGBl. No. 244/2012 II is September 1, 2012, power"
27 Appendix 2 is as follows:
28 plants 4 to 6 shall be added: