Regulation Driving Test (8Th Amendment To The Fsg-Pv)

Original Language Title: Änderung der Fahrprüfungsverordnung (8. Novelle zur FSG-PV)

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244. Regulation of the Federal Minister of Transport, Innovation and Technology, with which the examination regulation is amended (8). Novelle to the FSG-PV)

On the basis of § 11 (7), § 12 (4), § 13 (8) and § 34a (4) of the German Driving Licing Act, BGBl. I n ° 120/1997, as amended by the BGBl version. I No 50/2012 shall be assigned:

The Examination Regulation, BGBl. II No 321/1997, as amended by the BGBl version. II No 307/2009 is hereby amended as follows:

1. In § 6 (1), first sentence, after the word "Asset" the number "1" inserted.

2. In § 6 para. 2, second sentence, the word order shall be "B + E, C + E, D + E as well as subclass C1 + E" replaced by the phrase "BE, CE (C1E) and DE (D1E)" .

3. In § 6 para. 3, first sentence, the word order shall be "A, C, D, B + E, C + E, D + E, F as well as the subclasses C1 and C1 + E" 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" replaced by the phrase "Class A (A1, A2)" .

4. In § 6, para. 4, last sentence, after the word order "for class D" the phrase "and Class B to participate in driving tests for the class F" is inserted and the following sentence is added:

" In the course of the driving test, a hospice is held by a driving examiner in training (Section 8 (3) (4) and (5)) or an audit within the meaning of § 12, all participants in the driving test shall have the participation of the Hospitant/Auditor. "

5. In Section 6 (7), the phrase "B + E, C + E, D + E and F as well as subclass C1 + E" replaced by the phrase "BE, CE (C1E), DE (D1E) and F" .

6. § 6 (11), (12) and (14) shall not apply to the word order "or subclass" , "or subclass (s)" , "or subclasses" or "or subclasses" .

7. In § 7 (1), last sentence, the phrase "Class A or A1" replaced by the word order " Class A (A1, A2) and the following sentences are added:

" For the omission of this limitation, the deposition of a practical driving test on a motor vehicle with a mechanically shiftable transmission is required. In the case of the extension of category A1 or A2 to a higher-quality class in accordance with Article 18a (1) or (2) of the FSG, the restriction to motor vehicles with automatic transmission of power shall not apply even if the practical application referred to in Article 18a (1) and (2) of the FSG Training was completed on a motorcycle with a mechanically shiftable gear. The completion of this training on a motorcycle with a mechanically shiftable transmission is to be confirmed by the driving school. "

8. § 7 para. 2 Z 1 reads:

" 1.

Class A:

1.1.

Category A1: single-track motorcycles of category A1 without vehicle, with a cylinder capacity of at least 120 ccm and a design speed of at least 90 km/h;

1.2.

Category A2: single-track motorcycles with a displacement of at least 395 ccm and a motor output of at least 25 kW;

1.3.

Category A: single-track motorcycles with a displacement of at least 595 ccm and a motor output of at least 40 kW;

9. In § 7 (2) (2) (2.1), the name shall be: "B + E" replaced by the name "BE".

10. In § 7 sec. 2 Z 3.1. the name shall be: "C + E" replaced by the name "CE".

11. In § 7 sec. 2 Z 3.2. and Z 3.3 the word shall be "Subclass" by the word "Class" replaced.

12. In Section 7 (2) (c) 3.3. the name shall be: "C1 + E" replaced by the name "C1E".

13 . In Section 7 (2), Z 3.3. and Z 4.1. shall be in each case before the number "800" the word "at least" inserted.

14 . In § 7 sec. 2 Z 4.1. the name shall be "D + E" replaced by the name "DE".

15. In § 7 (2), the point at the end of the Z 4.1. is replaced by a stroke point and the following Z. 4.2. and 4.3. are added:

" 4.2.

Category D1: Vehicles of category D1 with

a)

a 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 system and

e)

a recording equipment in accordance with Regulation (EEC) No 3821/85 on recording equipment in road transport, OJ L 327, 31.12.1985, p. No. OJ L 370, 31.12.1985, p. 8, as last amended by Regulation (EU) No 1266/2009, OJ L 145, 31.5.2009, p. No. OJ L339, 22.12.2009 p.3;

4.3.

Class D1E: combinations of a class D1 test vehicle in accordance with Z 4.2. and a trailer with a maximum authorised mass of at least 1250 kg, a total mass of at least 800 kg and a maximum authorised mass of at least 800 kg, and

a)

a design speed of at least 80 km/h and

b)

a cargo hold of the trailer consisting of a closed body with a width and height of at least 2 m. "

Section 7 (3) reads as follows:

" (3) Practical driving tests for category F shall be taken both on tractors alone and with a trailer approved for traffic, the total mass of which shall be at least 1000 kg and which shall be a braking system in accordance with Article 6 (10), first sentence, KFG 1967. The tractors do not have to be equipped with return headlights. If the examiner does not take part in the test vehicle, a radio link between the candidate and the examiner is to be used. "

§ § 8 to 13 are:

" Training and qualification test for the examiner

§ 8. (1) The training of the examiner shall be carried out in accordance with the curriculum set out in Appendix 4. A teaching unit (UE) is 50 minutes.

(2) The theoretical training for the examiner for categories B and BE comprises a total of 32 teaching units, the following contents being intended to be conveyed in particular:

1.

Structure and content of the curriculum for theoretical and practical training for class B in accordance with annexes 10a and 10c of the Motor Law implementing regulation-Implementing Regulation 1967, BGBl. No 77/1968 (KDV 1967),

2.

Vehicle technical and physical knowledge,

3.

Knowledge to closely monitor, monitor and evaluate the course of the exam,

4.

Structure and contents of the examiner's manual-discussion of practical situations,

5.

knowledge of transport and testing psychology,

6.

Knowledge in conversation.

(3) The practical training for the examiner for categories B and BE comprises a total of 48 teaching units, with the following contents in particular being arranged:

1.

Practical exercises in accordance with the curriculum for theoretical and practical training for class B, as set out in Appendix 10c to the KDV 1967,

2.

Vehicle technical and physical knowledge,

3.

Structure and content of the audit manual-error assessment,

4.

Course of the practical driving test by Hospitizing in driving tests.

(4) The theoretical training for the examiner of other classes shall include:

1.

Class A ............................................................................. 4 teaching units,

2.

Class CE ............................................................ 8 units of instruction (of which 6 C and 2 CE).

(5) The practical training of the examiner for category A comprises 8 class-specific teaching units, which are class-specific teaching units for the examiner for the class CE 12.

(6) The qualification test for the examiner shall be taken by the examiner's commission in accordance with § 9. The identity shall be determined for each candidate prior to examination. The examination to obtain the test authority for the classes B and BE shall include at least:

1.

a theoretical part of at least 45 minutes, including a class-specific expert discussion in the scope of at least 30 minutes as well as an expert discussion in the scope of approx. 15 minutes to check the knowledge of transport and examination psychology (e.g. didactics, question technique);

2.

a practical part of at least 45 minutes, whereby the candidate himself has to pay some contents of a class-specific driving test; furthermore, the acceptance of a driving test of the requested class under supervision of the examiner's inspection , the participation of only one member of the examiner's commission is sufficient for this simulated test.

In the case of the examination for the acquisition of the test authorization for other classes, the examination of the knowledge in traffic sensual and test psychology is no longer necessary in the theoretical examination. In this case, the practical part can be shortened to at least 30 minutes. The test vehicle shall be made available by the candidate and shall comply with the requirements of § 7. If the test vehicle is a motor vehicle, a separate seat must be available for the examiner's (s). The provisions of Section 6 (6) and (7) shall apply mutatily.

(7) If one of the two parts of the test has not been passed, it may not be repeated at the earliest after one month. In any case, the theoretical examination must be taken again if the practical test is not passed within 18 months of the existence of the theoretical examination.

(8) The total fee per entry is

1.

for the qualification test for the driving examiner for the class B and BE....................400 Euro

2.

for the proficiency test for the driving examiner for the classes A or CE respectively ........200 Euro.

(9) From the examination fees referred to in paragraph 8, the Governor of the State shall not retire to a examiner who is a member of the staff of a local authority and shall have the examiners ' examinations during his regular working week. decreases, 25 vH of the amounts referred to in paragraph 8. The rest is due to the provincial governor.

Auditor Commission

§ 9. (1) The examiners ' commission shall consist of two specially qualified examiners or experts for the teaching qualification test for driving instructors or driving instructors, which shall be issued by the Governor of the State of the State of a local authority , where at least one Member of the Commission must have the qualification as a driving examiner for the class for which the applicant wishes to obtain the qualification test for the examiner, the class D (D1) and DE (D1E) being the class CE and for class F the class B is sufficient.

(2) Only examiners or experts for the teaching qualification test for driving school teachers or driving instructors who have been a examiner for at least five years as examiners or experts for the teaching qualification test may be used as examiners ' examiners. for driving instructors or driving instructors.

Training of driving examiners

§ 10. (1) In the course of further training (§ 34b (6) FSG), the subject areas defined in Appendix 5 for the respective driving licence class shall be deepened.

(2) Each examiner shall, irrespective of the classes he/she is entitled to consider, have to prove, within two years of his/her appointment, a theoretical further training to the extent of 32 units of instruction. The interactive exchange of experience, which is to be held annually by the Governor of the State, is to be calculated on the basis of a maximum of eight teaching units per year on the training obligation. From the modular training courses (point I.2. of Appendix 5), the examiner must visit as many modules after his/her choice as is necessary for the attainment of the extent of the theoretical training. A multiple visit to the same module is allowed.

(3) Each examiner shall, irrespective of the classes he is entitled to consider, have to prove, within five years of his/her appointment, a practical training to the extent of 40 teaching units. In this case, the modules mentioned under point II of the attachment 5 are available for selection, whereby the multiple visit of the same module is permissible.

(4) The training and further training of the test auditors should be calculated on the basis of the scope of the continuing training obligation according to paragraphs 1 to 3.

(5) If a driving examiner has not completed the required further training (even those according to § 34b (6) FSG), this examiner is not to be used for reappraisal until completion of the further training.

Duty of examiners

§ 11. (1) examiners shall be obliged to reimburse the opinions requested by them on the date specified by the regional governor. A driving examiner may refuse to grant a driving test only if there are grounds for consideration; he is obliged to refuse the examination of candidates and, as far as the authority is aware, not to such an examination. Driving tests are used if a partiality within the meaning of Section 7 (1) of the General Administrative Procedure Act (AVG), BGBl. No 51/1991.

(2) examiners shall be responsible for the examination to be carried out in respect of the tools and methods to be used for the refund of the opinion, in particular as regards the lists of circumstances and questions to be raised, and in respect of the content and the scope of the examination, bound to the instructions of the Governor of the Land of which they were appointed.

(3) In the course of the driving test to be carried out by them, examiners shall have a technically sound and comprehensible opinion on whether the candidate is in the framework of the practical test

1.

before the journey takes place, the necessary vehicle control shall be carried out in a proper way,

2.

dominate the prescribed driving exercises in traffic-free space,

3.

during the course of the examination, handle the controls properly, have the necessary rest, mental presence and independence, as well as understanding of the various traffic situations, and the traffic regulations in the course of the steering of the Motor vehicle.

Furthermore, the examiner must provide the assistance provided for in the case of § 3 (6) of the German law for persons with understanding or reading difficulties.

(4) In the course of each driving test, the auditor must fill in the audit log according to Appendix 1 for the respective class for the purpose of evaluating the assessment and to document the examination process in a comprehensible manner; these records shall be from the Authority for a period of at least five years, and to the country's head of state, to the Federal Ministry of Transport, Innovation and Technology upon request.

(5) In the course of the driving tests carried out by the examiner, the examiner shall present defects in the case of candidates who indicate serious training deficiencies at the driving school or other defects that are relevant to the examination and which ensure the proper conduct of the examination. , the examiner shall immediately inform the competent national governor of that circumstance.

Quality assurance

§ 12. (1) In order to ensure quality assurance, both the Governor of the State (or a body commissioned by him) and the Federal Ministry of Transport, Innovation and Technology have to hold appropriate audits. In accordance with a selection procedure established in agreement with the Federal Ministry of Transport, Innovation and Technology, the respective regional governor must determine which examiners are to be checked by the competent regional governor or by the Federal Ministry for Economic Affairs Transport, innovation and technology are to be audited. Within the scope of the audit, every examiner is to be observed in the acceptance of at least three driving tests, as different classes as possible. The auditor, who has been used for this purpose, has to report on the results in an appropriate manner to the Governor of the Federal Ministry of Transport, Innovation and Technology at Audits of the Federal Ministry of Transport, Innovation and Technology. The Landeshauptmann and the Federal Ministry of Transport, Innovation and Technology have to keep appropriate records of the audits carried out by them and to register the result in the register of driving licences.

(2) Only driving examiners may be used for the auditor.

1.

have been working as examiners for at least five years,

2.

have the right to be auditor for that class for which they are to draw up an audit in the course of a driving test, in which class C is sufficient for categories D (D1) and DE (D1E) and category B is sufficient for class F; and

3.

have completed their training as an auditor in accordance with Appendix 6 of the Federal Ministry of Transport, Innovation and Technology.

The auditors shall be subject to eight teaching units during periods of three years after completion of the training referred to in Z 3. This training in the duration of eight teaching units is to be completed by the Federal Ministry of Transport, Innovation and Technology and consists of the combined refreshment of the three modules of the training referred to in Annex 6. Auditor. In addition, inter-national gatherings and exchange of experience can be carried out by auditors if necessary.

(3) Audits shall be announced to the driving examiner accordingly and shall have to be run in accordance with a framework plan defined by the Federal Ministry of Transport, Innovation and Technology. The auditor has to record his impressions electronically during the observation in a standardized form available in the driving licence register. In individual cases, the Federal Ministry of Transport, Innovation and Technology can also request the documents produced during the audit, such as written minutes, photos, etc., and can be sent electronically by the Governor of the State. ,

(4) If serious deficiencies in the competence of the examiner are identified in the course of the audit, the driving examiner shall be the Landeshauptmann or by the Federal Ministry of Transport, Innovation and Technology, to give an opportunity to comment. Furthermore, in addition to the mandatory further training measures required pursuant to § 10, the Landeshauptmann must require further appropriate further training measures and be completed by the examiner as well as after the expiry of a reasonable period of time from the Federal Ministry of Transport, Innovation and Technology or by the Landeshauptmann in consultation with the Federal Ministry of Transport, Innovation and Technology to carry out a new audit. If serious defects are found again in this case, the competent regional governor no longer has to use the examiner for the reappraisal of the expert. A possible further use of the reappraisal after a preliminary suspension is possible-without prejudice to the possibility of revocation of the order pursuant to § 13 para. 2-only after completion of an additional further training.

(5) If it is necessary for quality assurance, additional unannounced audits may also be carried out by the Landeshauptmann or the Federal Ministry of Transport, Innovation and Technology in agreement with the Landeshauptmann.

(6) The reporting obligation of the Governor of the State, referred to in § 34b (8) of the last sentence, shall be complied with if all relevant information is made available in the Register of Licences In Accordance With paragraph 3. Single audit records, digital recordings or copies made during the audit, as well as the evaluation of the audit of this year, together with the names of the persons involved in the audit, are only on a case-by-case basis at the request of the Federal Ministry of Transport, Innovation and technology by the Governor of the State by electronic means.

Revocation of the order

§ 13. (1) The examiner shall be relieved of his function as an expert by the Governor of the Land if he has been deprived of the steering authority due to a lack of traffic reliability or he is no longer trustworthy (without prejudice to the provisions of the § § 128 (1) KFG 1967).

(2) If there is a suspicion of serious inadequacies in the acceptance of a practical driving test by a driving examiner or if he does not justify his decision in the test minutes, the driving examiner shall be on his/her own Suitability to be checked and, if necessary, to be relieved of its function or at least to no longer be used for reappraisal.

(3) Where a examiner is relieved of his duties by the authority, the authority shall set a time limit after the expiry of which the re-appointment of the examiner is possible. "

18. § 14 (2) and (3) are:

" (2) For the practical driving test for the classes BE, CE (C1E) and DE (D1E), only those who have passed the practical driving test for the class or subclass of the towing vehicle shall be admitted.

(3) A candidate for driving test, in addition to category B, shall also apply one or more of categories C (C1), CE (C1E), D (D1) or DE (D1E), the practical driving test for category B shall not take place on the same day as those for class (s) C (C1), CE (C1E), D (D1), or DE (D1E). "

19. § 15 (1) reads:

" (1) The examination fee shall be

1.

the theoretical driving test for each admissions ..........................................................11 Euro

2.

the practical driving test for categories A (A1, A2), B, BE, and F for each class ...........60 Euro

3.

the practical driving test for categories C (C1), D (D1), CE (C1E) and DE (D1E) according to § 11 paragraph 4 Z 3 FSG je Klasse...........................................................................90 Euro

4.

the practical driving test for categories C (C1) and D (D1) in accordance with § 11 (4a) FSG ...................................................................................................... 180 Euro. "

Article 15 (1a) reads as follows:

" (1a) From the examination fee referred to in paragraph 1 Z 1, 3.60 euros to the Federal Ministry of Transport, Innovation and Technology, with 1.60 euros for the provision of the test program for the theoretical driving test and 2 euros for the examination fee. Quality assurance of the practical driving test (including audits) must be used. The amounts are to be transferred from the authority to the regional governor (in the case of the Federal Police Directorates of the Federal Ministry of the Interior) and collected twice a year by the Landeshauptmann (the Federal Ministry of the Interior) (until 15 January and 15). July of each year for the previous semester) to the Federal Ministry of Transport, Innovation and Technology. "

21. In § 15 para. 2, first and second sentence, the citation shall be " 1 Z 2 and 3 " by quoting " 1 Z 2 to 4 " and in the third sentence, the amount "75 Euro" by the amount "135 Euro" as well as the quote "and D" by "and D (D1)" replaced.

22. In § 15 paragraph 3 Z 1 lit. a becomes the quote " 1 Z 2 and 3 " by quoting " 1 Z 2 to 4 " , the amount "5 813 Euro" by "8 500 Euro" and the value "25vH" by "20vH" replaced.

23. In § 15 paragraph 3 Z 1 lit. b becomes the citation " 1 Z 2 and 3 " by quoting " 1 Z 2 to 4 " and the value "90 vH" by "85 vH" replaced.

24 . In § 15 para. 3 Z 3, the quote " 1 Z 2 and 3 " by quoting " 1 Z 2 to 4 " replaced.

25 . In Section 17 (3), the phrase "C, D, B + E, C + E, D + E as well as subclasses C1 and C1 + E" replaced by the phrase "BE, C (C1), D, CE (C1E) and DE" .

26. In § 18, the following paragraph 11 is added:

" (11) § 6 (1) and (4), § 7 (1), (2) and (5), § § 8 to 13, § 15 (1) to (3) and Article 17 (3) in the version BGBl. II No 244/2012 are due to take place on 19 November 2012 Jänner 2013 in force. Section 7 (3) of the BGBl version. II No 244/2012 will enter into force on 1 September 2012 "

27. Appendix 2 is:

" Appendix 2

28. Annexes 4 to 6 shall be added: