40. Federal law that modifies the accident investigation Act, the motor vehicles Act 1967, the cableway Act 2003 and the maritime law
The National Council has decided:
Table of contents
Article 1Änderung of the Federal Act on the establishment of the accident investigation authority of the Federal Government (accident investigation law) article 2 amend the force driving Act 1967 article 3 amending the Shipping Act article 4 amendment of the cableway Act 2003 article 1
Amendment of the accident investigation Act
The Federal law on the establishment of the accident investigation authority of the Confederation (accident investigation Act), Federal Law Gazette I No 123/2005, as last amended by Federal Law Gazette I no. 2/2008 is amended as follows:
1. the title shall be amended as follows:
"Federal law on the independent safety investigation of accidents and incidents
(Accident investigation law - UUG 2005)
2. the table of contents together with heading is as follows:
"Table of contents
§ 1 subject to § 2 establishment of the safety investigation authority of the Covenant article 3 organisation of the safety investigation authority of Association § 4 target a safety investigation 2. section
Provisions relating to safety investigations in the areas of rail, marine and cable cars
§ 5 definitions § 6 principles of the procedure of a safety investigation § 7 bias article 8 obligation § 9 introduction the safety investigation section 10 attendance of experts and interpreters of § 11 investigative powers article 12 organs of public security article 13 documentation § 14 opinion procedure § 15 survey § 16 Security Advisory Section 17 security reinvestigation § 18 retention obligations § 19 safety report section 20 incident statistics 3. section
Provisions relating to safety investigations in the field of civil aviation
Article 21 implementing rules article 22 cooperation in the European Union article 23 cooperation with authorities in third countries article 24 examination reports from third countries 4. section
Establish a Safety Advisory Board
Section 25 Safety Advisory Board 5 section
"Section 26 implementation of legal acts of the European Union section 27 penal provision § 28 transitional provision of § 29 staff regulations for civil servants article 30 referral section 31 linguistic equality § 32 completion article 33 entry into force" 3. The title of the 1st section is "Common provisions"
4. paragraph 1:
"Article 1 (1) this federal law applies to the safety investigation of incidents in the areas of rail, marine and cable cars, as far as these incidents in the Austrian territory takes place have and contains in section 3 rules for the implementation of the Regulation (EU) No. 996/2010 the investigation and prevention of accidents and incidents in civil aviation and to the repeal of Directive 94/56/EC, OJ" No. L 295 of the 12.11.2010 S. 35.
(2) this Act applies to the safety investigation of incidents in the areas of rail and shipping, if these incidents outside of the Austrian territory have occurred and
1 these ships a. as vehicles pursuant to section 2 Z I no. 62/1996 by Austrian authorities approved 1 shipping law SchFG Federal Law Gazette or commercially used by an Austrian inland waterway transport enterprises or b. as Austrian ships in accordance with § 2 Z I no. 174/1981 are allowed 1 maritime law SeeSchFG BGBl. or 2. these rail vehicles have been approved by the Austrian authorities or be commercially used by an Austrian railway company and the safety investigation is not performed by another State. Intergovernmental agreements remain unaffected.
(3) this Act does not apply to the incidents with the exclusive participation in article 2 of Directive 2009/18/EC laying down the principles governing the investigation of accidents in the maritime transport and amending of Directive 1999/35/EC and 2002/59/EC, OJ No. L 131 of the 28.5.2009, pp. 114, listed vehicles.
(4) this Act does not apply to the investigation of incidents with vehicles of the Austrian Federal Army if these incidents are investigated by military commissions of inquiry.
"(5) in the case of incidents which involve civilian and military vehicles, a joint accident report of the military Commission and the safety investigation authority of the Federal Government is - as far as possible - to create."
5. § 2 is together with the heading:
"The establishment of the independent safety investigation authority of the Federal Government
§ 2. The safety investigation authority of the Federal Government for the areas of rail, shipping, cable railways and civil aviation is the Federal Minister for transport, innovation and technology a organizational unit of the Federal Agency for transport. It is functionally and organizationally independent of all Governments and parties public and private bodies, running the tasks of a safety investigation authority whose interests could collide."
6. the 2nd section with the section heading "Organization" is omitted.
7 § 3 is together with the heading:
"Organization of the safety investigation authority of the Federal Government
Section 3 (1) of the safety investigation authority of the Federal Government is a Director. This is appointed by the Federal Minister for transport, innovation and technology.
(2) the safety investigation authority of the Federation is a constantly furnished independent investigation authority for security in the areas, rail, shipping, cable railways and civil aviation. It carries out its tasks independently and either itself carries out a comprehensive investigation of security incidents or oversee the implementation of a safety investigation.
(3) the investigators pursuant to § 5 para 15 are bound in carrying out its safety checks on any instructions from institutions outside of the safety investigation authority of the Federal Government."
8 section 4 is together with the heading:
"Target a safety investigation
According to the provisions of this Federal Act, § 4. safety investigations have exclusive aim to determine the possible causes of an incident, to work out security recommendations, that can contribute to the prevention of future similar or similar incidents. A safety investigation aims not to clarify blame or liability issues."
9. pursuant to section 4, a new 2nd section is formed entitled "Regulations on the safety investigations in the areas of rail, marine and cable cars". The previous section 3 entitled "Investigation" is omitted.
10 § 5 is together with the heading:
5. (1) in the areas of
1 rail is operating a main and branch line (§ 4 Railway Act 1957, Federal Law Gazette No. 60), a siding (§ 7 Railway Act 1957, Federal Law Gazette No. 60) and a tram, on the run, like a subway rail vehicles on a railway body (§ 5 par. 1 Z 2 Railways Act 1957, Federal Law Gazette No. 60), including the operation of rail vehicles on a main, minor, connection - and tram, on the rail vehicles on a railway body run;
2. shipping is the operation of a vehicle within the meaning of § 2 No. 1 of the Shipping Act, Federal Law Gazette I no. 62/1997 on waterways in accordance with § 15 maritime law SchFG and an Austrian ship in accordance with § 2 Z 1 SeeSchFG;
3. cable car is the operation of a railway within the meaning of section 2 No. 1, 2a and Z Z 2 b ba and bb of the cableway Act 2003, Federal Law Gazette I no. 103, to understand.
(2) each accidental event or a specific chain of such events is considered accident in the area of rail including the accidents on level crossings
1 where derailed rolling stock or collide with each other, 2 persons are killed or seriously injured or 3. rolling stock, infrastructure and the environment take considerable damage and regulating and controlling the security of the operation of the railway, operation of rolling stock on the railway or the traffic on the railway are clearly concerned.
(3) train collision or train derailment, in which at least one person killed or seriously injured at least five people or involving rolling stock, infrastructure and the environment take damage in the amount of at least EUR 2 million and which are clearly affected regulating and controlling the security of the operation of the railway, operation of rolling stock on the railway or the traffic on the railway, as well as other similar accidents, with obvious implications for the regulation apply as a serious accident in the area of rail the railway safety or safety management.
(4) each event, where persons have been injured fatally or badly, or a cable car accident involved vehicle was significantly damaged, or the infrastructure or the environment have taken considerable damage is considered accident in the area of cable cars.
(5) serious accident in the area of cable cars is every event in which at least one person killed or seriously injured at least five people, or an accident involved vehicle of a funicular which has taken infrastructure or environmental damage in the amount of at least EUR 2 million.
(6) without prejudice to the provision of paragraph 10, each event, where persons have been injured fatally or badly, or an accident involved vehicle was damaged considerably, or the infrastructure or the environment have taken considerable damage is regarded as accidents in shipping.
(7) without prejudice to the provision of paragraph 10, every event, in which at least one person is killed or seriously injured at least five people were, or an accident-involved vehicles, the infrastructure or the environment has been damaged in the amount of at least EUR 2 million is regarded as serious accident in the area of shipping.
(8) another event than an accident, associated with the operation of the means of transport and that affects the safe operation applies as a disorder.
(9) a disorder, whose Umstände indicate that almost an accident would have happened is as a serious incident.
(10) under this federal law accidents referred to in paragraph 2 to 7, as well as errors in accordance with paragraph 8 apply as incidents and 9 derogation accidents and incidents referred to in article apply in the area of maritime transport 3 2009/18/EC as incidents.
(11) considered causes of actions, omissions, events or conditions or a combination of these factors led to an incident.
(12) an injury which is sustained by a person in one incident and that has 30 days from the time of the accident the death is considered fatal injury.
(13) an injury which is sustained by a person in an incident considered serious injury and the
1 a hospital stay of more than 24 hours seven days after the occurrence of the injury requires fractures result (except simple fractures of fingers, toes or nose) has 2 or 3 lacerations to the sequence has the heavy bleeding or injury to nerve, muscle or tendon strings or 4. causing damage to internal organs has or 5 Burns second or third degree or has more than 5% of the body surface to the result or 6 following a proven suspension is compared to infectious substances or harmful radiation.
(14) the safety investigation is an investigation for the purpose of incident prevention which includes the gathering and analysis of information, the drawing of conclusions, including the determination of the possible causes and, where appropriate, the creation of safety recommendations within the meaning of this Federal Act.
(15) investigators are staff of Bundesanstalt für traffic and other persons who are employed by the safety investigation authority of the Federal Government to carry out a safety investigation."
11 6 paragraph with heading:
"Principles of the procedure of a safety investigation
Section 6 (1) is the investigation, taking into account the objective of a safety investigation to perform simple and practical. In the interest of the efficiency of the safety investigation and the relevance of the evidence, a safety investigation is carried out immediately. The safety investigation at the site of the incident is complete as soon as possible, so that by the incident affected infrastructure can be repaired as soon as possible and released for the traffic.
(2) nature and scope of the safety investigation has according to the severity of the incident and in particular the findings expected to be unwinnable for improving safety in the transport section to set.
(3) the examination procedure is not public."
12 § 7 is together with the heading:
Section 7 (1) have investigators and for experts in accordance with § 10 of the Office to contain and to have representation, if important reasons which are suitable to their full impartiality in doubt pull, as in § 7 paragraph 1 of the General administrative procedures Act 1991 BGBl. No. 51 cases.
(2) in the case of danger in delay have when a representation is not immediately available urgent measures to take self-conscious investigators.
(3) unless the investigators for not even self-conscious declares, will decide the bias of the responsible for the respective safety investigation investigators of the head of the safety investigation authority of the Federal Government.
(4) all those involved in an investigation may request the rejection of investigators. The exclusion reasons are set out in the application for refusal. The head of the safety investigation authority of the Federal Government decides on exclusion."
13 § 8 is together with the heading:
8. (1) investigators, as well as all employees of the safety investigation authority of the Federal Government are sworn to secrecy about all the facts known to them only from their activities in the context of the safety investigation, whose Geheimhaltung is necessary in the interest of one of the parties or of the safety investigation. The confidentiality against the public prosecutor's Office and in the main proceedings to the competent court in this respect does not exist, ensure as evidence in accordance with article 11, paragraph 4 and the public prosecutor's Office and were passed in the main proceedings the competent court to be used in criminal proceedings.
(2) have investigators and employees of the safety investigation authority in Federal Court or before an administrative authority competent to testify and can be seen from the charge that the subject could be subject to the statement of the obligation referred to in paragraph 1, so they have to inform the head of the safety investigation authority of the Federal Government. This one has to decide whether the person from the obligation to deliver. There is interest in secrecy, to weigh particularly on the protection of the data material and to investigate contributors to the interest in the statement where the purpose of the procedure is to take into account when deciding. The confinement may be pronounced also provided that the public is excluded from the part of the statement, which forms the subject of the delivery.
(3) can be not to recognize that the subject-matter of the statement which obligation in accordance with paragraph 1 could be subject to and this only so has at the testimony of the person out, to deny these further questions, from the charge. The interrogators authority considers necessary, the statement she has to apply for the delivery of the person of the obligation of secrecy in accordance with paragraph 1. The head of the safety investigation authority of the Federal Government has this paragraph 2 until the fourth set to proceed according to second."
14 9 paragraph with heading:
"Introduction of the safety investigation
§ 9 (1) determines the safety investigation authority of the Federal Government the investigators, which is responsible for the Organization, execution and supervision of the respective safety investigation including the decision on participation of safety investigation authorities of other Member States of the European Union in a particular case.
(2) serious accidents must be investigated anyway. In addition is always perform a safety investigation of incidents that are not accidents, if you expect that a safety investigation brings new findings to prevent future incidents.
(3) the safety investigation authority of the Federal Government can initiate the safety investigation of an incident at a later date if there is reason to believe that a safety investigation of the incident will bring new insights to prevent future incidents.
(4) each reported incident is independently from carrying out a safety investigation in the statistics referred to in article 20.
(5) also a criminal case is an incident pending, the safety investigation authority of the Federal Government by this fact in knowledge shall be set.
(6) is in the area of rail safety investigation, the Railway Agency shall within one week to communicate. The agreement must contain. information on date, time and place of the incident as well as the kind and on the consequences of the incident in relation to persons and damage to property"
15. in paragraph 10, the word "Accident investigation authority" is replaced by the words "Safety investigation authority of the Federal Government" and replaced the words "The head of the Department" with the words "Provided by the safety investigation authority of the Federal Government".
16 § 11 is including the header:
11. (1) investigators are entitled to exercise following powers in the course of their official investigation, insofar as this is necessary to achieve the purpose of a safety investigation:
1. immediate, full and unimpeded access to the place of the incident, as well as to vehicles, whose charge infrastructure related to parts of the wreckage, as well as to the the event in the and the equipment for traffic control and signalling;
immediate evidence and documented removal of wreckage and components for examination or analysis purposes;
3. immediate access to recording equipment and other records from the vehicle and their evaluations and their content, as well as other relevant records and control;
4. assistance of a suitable person or body referred to in article 10 for the purpose of carrying out an autopsy of the bodies of fatally injured persons, as well as access to the results of these investigations or the testing of these samples.
5. assistance of a suitable person or body referred to in article 10 for the purpose of carrying out a medical examination of persons involved in the operation of the vehicle or for the purpose of conducting tests of samples taken in these individuals, as well as access to the results of such examinations or tests;
6 charge and questioning of witnesses, as well as call the witnesses, to provide information or evidence, which are for the examinations under this Federal Act of concern;
7 unhindered access to all relevant information or records of the owner of the vehicle, of the holder of the approval, operation responsible for the maintenance, the educational institution, of the operator or of the manufacturer of the vehicle as well as the authorities responsible for the respective areas of traffic and business.
(2) rights of natural persons allowed to intervene in only, insofar as this is absolutely necessary to carry out administrative enquiries referred to in paragraph 1, and proportionate to the purpose of the measure is maintained. This Ordinance shall take that the aspired success in a reasonable proportion to the likely caused interference with the rights of individuals is and has to be checked whether there is reasoned views of the aspired success not with less invasive measures in particular.
(3) with the exception of paragraph 4 following evidence collected by the investigators for purposes other than those of the independent safety investigation not be available are:
1 the investigators took statements from Parties, witnesses, experts and persons important to others for the purpose of the investigation.
2. by the investigators records, such as in particular notes, drafts and opinions of investigators and records any kind of communication between people involved in the operation of a vehicle are;
3. by the investigators medical or personal information about persons involved in an incident are;
4 by the investigators collected data from vehicle-based recording systems.
(4) because of the accident a criminal case runs, so the Prosecutor has after consultation with the head of the safety investigation authority of the Federal Government in writing map, which evidence referred to in paragraph 3 for the purpose of law enforcement to make sure are. Ensuring is only permitted insofar as the interest in the inspection outweighs the interest in the exclusive availability for purposes of independent safety investigation within the meaning of section 4 of the importance to clarifying fact, the scope of the caused damage and the number of victims in the evidence and their use for law enforcement purposes. When an objection to providing the means of evidence listed in paragraph 3 StPO is to proceed according to § 112.
(5) these people for collection of information, as well as surveys of participants and witnesses is drawing with a trusted adult. Persons who expose themselves by their statement the risk of criminal prosecution or that risk in connection with a criminal case against them to charge itself, are to teach about their right to remain silent. Have they expressly waived their right to remain silent, so their testimony in the judicial proceedings other nullity may cannot be used to their detriment as evidence.
(6) the competent investigation officer has to ensure the traceability of investigation acts and to keep elevated evidence in custody of him. Can the evidence by the safety investigation be modified or destroyed, is the prior consent of the competent public prosecutor's Office, in the main proceedings but the Court with jurisdiction to obtain. This consent does not enter within reasonable time, but not more than within two weeks of the request, the investigator is still authorized to carry its safety investigation. The provisions of article 12 are in addition to apply paragraph 1 of the Regulation (EU) No. 996/2010 by analogy to coordinate investigations.
The disclosure is (7) the investigators of the safety investigation authority of the Federal Government to follow, stating their property as investigators."
17. in article 12, the term is replaced by the term "Cable car" "Investigative bodies" by the term "Investigator" and the term "Aviation".
18 paragraph 13:
"§ 13. About individual acts of investigation the investigator has transcripts or memos within the meaning of sections 14 and 16 of the General administrative procedures Act 1991, BGBl. No. 51, to make. Have this place anyway, to include time and subject of investigation acts and the handwritten signature of the investigators."
19 paragraph 14:
"Section 14 (1) a preliminary investigation report is especially the manufacturers of the vehicles involved in the incident or in the case of foreign manufacturers whose agent, insofar as these have established domestically, the arms of the vehicles involved in the incident as well as the competent authorities, opportunity to give railway undertakings, the cableway companies and shipping companies, the car owners, staff, representatives, to gain knowledge of the preliminary investigation report and to comment in writing on the facts relevant to the incident and conclusions. The opportunity to become aware of the preliminary investigation report may be granted also in electronic form.
(2) comments can be submitted in writing in any technically feasible form of the safety investigation authority of the Federal Government. Content reasoned opinions delivered by the addressee referred to in paragraph 1 within a period to be determined upon approval of the preliminary investigation report, that four weeks at least, are taken into account, as they are for the analysis of the investigated incident of concern in the final investigation report to the extent. All content justified are the investigation report to close comments in a timely manner received as an attachment.
(3) in the field of rail information about the State of the safety investigation and its history is the addressee referred to in paragraph 1 upon request to grant."
20 paragraph 15 paragraph 1 to 4 as follows:
"Section 15 (1) is the security investigation of an incident to conclude with a final investigation report. The report has in its content by type and severity of the incident to. The report refers to the exclusive purpose of a safety investigation in accordance with § 4 and § 5, paragraph 14 and includes, where appropriate, safety recommendations.
(2) the report shall contain the following while preserving the anonymity of the persons involved in the incident:
1. details of the incident;
2. information about the means of transport involved;
3. the outer circumstances of causal to the incident;
4. studies and their results;
5. impairment of the safety investigation and their reasons;
6. the evaluation of the results;
7 findings about the possible causes of the incident in accordance with section 4.
(3) the final investigation report is by the safety investigation authority of the Federal Government to publish; this as soon as possible, preferably not later than twelve months after the incident. Can the final investigation report is published within a period of twelve months, an interim report to create and publish is each year.
(4) one copy of the final investigation report is
1. the Federal Minister for transport, innovation and technology;
2. the participants of the opinion procedure, in addition to deliver 3. in the area of rail to the Railway Agency, as well as 4 the competent public prosecutor's Office in the cases of § 9 par. 5."
21 § 16 is together with the heading:
16. (1) a safety recommendation is a proposal for the prevention of incidents, the head of the safety investigation authority of the Federal Government on the basis of information issues, arising in the course of the safety investigation. Safety recommendations are generally issued within the framework of the investigation reports and may contain statements or guesses regarding the guilt or liability in no case.
(2) a safety recommendation is to publish regardless of the State of play of the safety investigation without further delay if this is necessary to prevent future incidents on the same or similar occasion. She can be set, which can convert the Security Advisory into appropriate measures for the prevention of incidents in those places.
(3) safety recommendations are dated letter to send and it is doing as much as possible to ensure that the addressee be demonstrably achieved. The addressee of a safety recommendation has to confirm the receipt of the submission letter.
(4) the safety investigation authority of the Federal Government will record all safety recommendations issued by you, as well as the responses to incoming data in a database."
22 article 17 to article 19 are including headings:
"Recovery of the safety investigation
§ 17. The safety investigation authority of the Federal Government has to arrange the resumption of a safety investigation, when ten years after completion of the final investigation report new-coming facts become known, on the basis of which a different investigation result is expected.
The files of the security investigations and other records of incidents are section 18 (1) secured against access by unauthorised persons in an evidence structured to keep and archive.
(2) the time limit for the storage of files of a safety investigation is in accidents with fatalities of 20 years. All other files are to be kept 10 years. The periods shall begin to run at the end of the procedure of the safety investigation.
§ 19. The safety investigation authority of the Federal Government has to create a detailed report on the activities of the previous year. The report has to include including the safety recommendations and the measures taken following previous security advisories. "The report is to publish not later than 30 September each year, as well as the National Council and the rail of the European Railway Agency to submit."
23 paragraph 20 paragraph 1:
(1) which has safety investigation authority of the Federal Government to lead an anonymised statistics about the incidents reported to you and to publish annually as part of the safety report in accordance with article 19.
24 paragraph 20 paragraph 2:
"(2) the statistics has the number of reported incidents relating in particular to date of incident, location of the incident, to contain the incident as well as the possible causes of the incident."
25 section 20 the following 3 is inserted after section:
Provisions relating to safety investigations in the field of civil aviation
Section 21 (1) for safety investigations in the field of civil aviation no 996/2010 shall apply the provisions of Regulation (EU).
(2) sections 7, 8, 9 par. 1 and par. 2, second sentence, and paragraph 3 and §§ 10 and 11 are paragraph 4, 5, 6 and 7 as well as the sections 12, 13, 14 para 1, 17, 18, 19 and 20 apply mutatis mutandis to safety investigations in accordance with section 3.
(3) notifications in accordance with article 17 para. 1 of the Regulation (EU) No. 996/2010 be made on the Supreme civil aviation authority of the respective State.
(4) as incidents in the field of civil aviation accidents and incidents in accordance with article are 2 Nos. 1, 7 and 16 of the Regulation (EU) No. 996/2010.
Cooperation between of the authorities
Section 22 (1) is the subject of a criminal incident, shall be the notification pursuant to art 12 paragraph 1 Regulation (EU) No. 996/2010 by the competent body of law enforcement on the for the safety investigation ordered investigators. Is still no investigation officer ordered, the notice to the head of the safety investigation authority of the Federal Government or its agent.
(2) the judicial authority under art 12 para 1 of the Regulation (EU) No. 996/2010 is the public prosecutor's Office.
(3) civil servants under art 12 para 1 of the Regulation (EU) are the persons appointed by the public prosecutor's Office No. 996/2010.
(4) unlawful intervention under art 12 para. 2 of the Regulation (EU) No. 996/2010 is any legal offence.
(5) the competent body under art 14 paragraph 3 of the Regulation (EU) No. 996/2010 is the competent public prosecutor's Office.
(6) messages to the safety investigation authority of the Federal Government for the area of civil aviation in accordance with art 9 para 1 of the Regulation (EU) No. 996/2010 are to introduce with the FIU of Austro Control GmbH.
Cooperation with authorities in third countries
Section 23 (1) in the event that the Federal territory in the operation of a domestic or a Member State of the European Union type-tested or in the Austrian aircraft register or the aircraft register of a Member State of the European Union of aircraft registered or not by an Austrian air carriers or by an air carrier of a Member State of the European Union used an incident occurred in, has the safety investigation authority of the Federal Government the understanding in the Convention on international civil aviation , Federal Law Gazette No. 97/1949, making States provided for. Other intergovernmental agreements remain unaffected.
(2) the agreed States referred to in paragraph 1 may send one accredited representative to the safety investigation. Other intergovernmental agreements remain unaffected.
(3) any country outside the European Union, who has a special interest in an incident in the Federal territory, because citizens of this State were killed or seriously injured, may send an expert.
(4) if necessary, the safety investigation authority of the Federal Government may request the competent authorities of other States outside the European Union,
1. systems, equipment and appliances for a) the technical investigation of wreckage, on-board equipment and other important for examining objects, b) the analysis of the records of the flight recorders, c) the electronic storage and analysis of data of the incident, 2. investigators for certain tasks on the occasion of an incident of particular importance and seriousness to make. States referred to in paragraph 1 comply with such a request, can send this one accredited representative to investigate.
(5) the safety investigation authority of the Federal Government can provide assistance in accordance with paragraph 4 States in accordance with paragraph 1 at their request. You are granted free of charge on the basis of reciprocity.
(6) in the case of incidents at the domestic samples tested, registered in the Austrian aircraft register or operated in the framework of an Austrian aviation company aircraft operations outside of Austrian territory and the territory of the European Union the safety investigation authority of the Federal Government perceives in case the function of the accredited representative in the foreign safety investigation by sending an investigators and a number of consultants who to send are from the air carriers or the development operation, appropriate to the event. The safety investigation authority of the Federation is also in all other cases, in which she is notified of a security investigation in a third country, entitled, an accredited representative or equivalent to send an expert to paragraph 3 or to designate an appropriate body.
Investigative reports from third countries
§ 24 investigation reports from third countries or parts thereof documents, investigators will have access to them, may be not be published without the express consent of the foreign investigating authority or made accessible to third parties. This does not apply if the foreign investigating authority has already published these reports or released. There is no obligation to publish foreign investigation reports. Any safety recommendations are to bring the appropriate authorities."
26. the previous section 23 is paragraph labeled "section 25.". The previous article 5 is referred to as "section 4".
27 §§ 26 and 27 along with headings are:
"Implementation of legal acts of the European Union
section 26. With this federal law will be
1. Directive 2004/49/EC on rail safety in the community and amending Directive 95/18/EC of the Council on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of infrastructure capacity of the railway, the levying of charges for the use of railway infrastructure and safety certification (railway safety directive), OJ No. L 164 of 30.4.2004 p. 44, as last amended by Directive 2009/149/EC, OJ No. L 313 of 28.11.2009 implemented p. 65, 2. the directive 2009/18/EC laying down the principles governing the investigation of accidents in the maritime transport and amending of Directive 1999/35/EC of the Council and Directive 2002/59/EC of the European Parliament and of the Council OJ No. L 131 of May 28, 2009 pp. 114 implemented as well as rules for the implementation of the Regulation (EU) No. 996/2010 adopted 3.
Section 27 (1) who this Act or the regulations adopted pursuant to this Federal Act thereby contravenes that he propagates information that are protected under these provisions, the investigations or acts of the safety investigation authority of the Federal Government obstructs, prevents their investigators that, to fulfil their tasks, or by providing relevant records, materials, information and documents will be denied or they be withheld, tampered with or destroyed , or informs the competent authorities do not have the knowledge of the occurrence of an incident, commits an administrative offence, unless there is a legal offence and is by the district administrative authority with a fine of up to EUR 20 000, in the case of their recovery with an imprisonment up to six weeks to punish.
(2) the withheld penalty funds to the authority, which has to bear the burden of that authority, which carries out the criminal proceedings in the first instance."
28. the previous sections 27 and 28 will receive the article names "section 28" and "§ 29."
29 30 paragraph with heading:
As far as the Federal Government is referenced in this Federal Act other federal laws or international treaties, these are 30 (1), unless otherwise arranged, to apply in their respectively valid version.
(2) as far as this federal law No. 996/2010 refers to Regulation (EU), this is a reference to the Regulation (EU) is no. 996/2010 the investigation and prevention of accidents and incidents in civil aviation and to the repeal of Directive 94/56/EC, OJ "No. L 295 of the 12.11.2010 S. 35."
30. the previous sections 30 and 32 received the paragraph names "section 31", "§ 32." and "§ 33.". The heading of § 33 now reads "Entry into force" instead of "In force".
Amendment of the force driving Act 1967
The motor vehicles Act 1967, BGBl. No. 267, as last amended by Federal Law Gazette I no. 116/2010, is amended as follows:
1 § 58 paragraph 2b is:
"(2B) the authority has collected data on the number of commercial vehicles checked, broken down by vehicle classes and by country of registration and stating the points, which controlled and the shortcomings that were identified, to inform the Governor." The Governor has to summarize the reports for the Federal State and to submit a report on the previous half of the Federal Office for transport to the annual reporting on the National Council and to report to the Commission of the European Union twice a year each to 31 August and February 28."
2. paragraph 4 deleted § 131.
Amending the Shipping Act
The Federal law on inland waterway transport (maritime law - SchFG), Federal Law Gazette I no. 62/1997, amended by Federal Law Gazette I no. 12/2011 is amended as follows:
Paragraph 31 paragraph 3a:
(3a) which are reimbursed pursuant to par. 1 of the shipping supervisory immediately forward this to the safety investigation authority of the Federal Government.
Amendment of the cableway Act 2003
The Federal law on cable cars (funicular law 2003 - SeilbG 2003), Federal Law Gazette I no. 103/2003, as last amended by Federal Law Gazette I no. 12/2011 is amended as follows:
Article 104 para 2 is as follows:
"(2) the cable car company is obliged immediately to report accidents and incidents in the cable car operation of the safety investigation authority of the Federal Government. The Federal Minister for transport, innovation and technology has by regulation to determine. the size and the form of the messages of the cable car company"