Change Of The Accident Investigation Law, The Combined Driving Act 1967, The Cable Car Act 2003 And Of The Shipping Act

Original Language Title: Änderung des Unfalluntersuchungsgesetzes, des Kraftfahrgesetzes 1967, des Seilbahngesetzes 2003 sowie des Schifffahrtsgesetzes

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40. Federal Law, with which the Accident Investigation Act, the Kraftfahrgesetz 1967, the Cable Car Act 2003 as well as the Shipping Law will be amended

The National Council has decided:

table of contents

Article 1Amendment of the Federal Law on the Establishment of the Accident Investigation Site of the

Federal Government (Accident Investigation Act)

Article 2

Amendment of the Force Act 1967

Article 3

Amendment of the Maritime Law

Article 4

Amendment of the Cable Car Act 2003

Article 1

Amendment of the Accident Investigation Act

The Federal Act on the Establishment of the Federal Accident Investigation Office (Accident Investigation Act), BGBl. I n ° 123/2005, as last amended by the Federal Law BGBl. I n ° 2/2008, shall be amended as follows:

1. The title shall be amended as follows:

" Federal law on the independent safety investigation of accidents and incidents

(Accident Investigation Act-UUG 2005) "

2. The table of contents and heading is:

" TOC

Section 1

Common provisions

Article 1 Subject matter

§ 2 Establishment of the federal security investigation office

§ 3 Organisation of the Federal Security Office

Section 4 Objective of a safety investigation

Section 2

Provisions on safety investigations in the areas of rail, shipping and cable cars

§ 5 Definitions

§ 6 Principles of the procedure of a safety investigation

§ 7 Befanity

Section 8 Confidentiality

Section 9 Introduction of the safety investigation

Section 10 Education of experts and interpreters

Section 11 Investigative powers

Section 12 Institutions of the Civil Security Service

§ 13 Documentation

Section 14 Opinion procedure

Section 15 Investigation report

Section 16 Safety recommendation

Section 17 Resumption of the safety investigation

Section 18 Retention of retention

Section 19 Security report

§ 20 incident statistics

Section 3

Provisions relating to safety investigations in the field of civil aviation

Section 21 Implementing provision

Section 22 Cooperation between the authorities in the European Union

Section 23 Cooperation with authorities in third countries

Section 24 Investigative reports from third countries

Section 4

Establishment of a Transport Safety Advisory Council

Section 25 Transport Safety Advisory Council

Section 5

Final provisions

Section 26 Implementation of European Union acts

§ 27 Criminal determination

Section 28 Transitional provision

Section 29 Staff regulations for federal staff

§ 30 referral

Section 31 Linguistic treatment

Section 32 Full education

Section 33 Entry into force "

3. The title of the 1. Section is "Common provisions"

4. § 1 reads:

" § 1. (1) This federal law applies to the safety investigation of incidents in the areas of rail, shipping and cable cars, to the extent that these incidents have occurred in Austria's territory and contains in Section 3 Regulations to Implementation of Regulation (EU) No 996/2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94 /56/EC, OJ L 136, 30.4.1994, p. No. OJ L 295, 12.11.2010 p. 35.

(2) This federal law applies to the safety investigation of incidents in the areas of rail and shipping if these incidents have occurred outside the territory of Austria and

1.

these ships

a.

as vehicles according to § 2 Z 1 Schifffahrtsgesetz-SchFG BGBl. I n ° 62/1996 are authorised by the Austrian authorities or are used by an Austrian inland waterway company, or

b.

as Austrian seagoing vessels according to § 2 Z 1 Seeschifffahrtsgesetz-SeeSchFG BGBl. I No 174/1981, or

2.

these rail vehicles have been approved by the Austrian authorities or are used commercially by an Austrian railway undertaking

and the safety investigation is not carried out by any other state. Intergovernmental agreements remain unaffected.

(3) This federal law does not apply to incidents involving the exclusive participation of those laid down in Article 2 of Directive 2009 /18/EC laying down the principles governing the investigation of accidents in the maritime transport sector and amending Directive 1999 /35/EC and the Directive 2002 /59/EC, No. OJ L 131, 28.5.2009, p. 114.

(4) This federal law does not apply to the investigation of incidents involving vehicles of the Austrian Federal Army, if these incidents are investigated by military investigative commissions.

(5) In the event of incidents involving civil and military vehicles, a joint accident report shall be drawn up, as far as possible, by the Military Investigation Commission and the Federal Security Agency. "

5. § 2 shall read together with the title:

" Establishment of the independent security investigation agency of the federal government

§ 2. The Federal Ministry of Transport, Innovation and Technology (Bundesanstalt für Verkehr, Federal Minister for Transport, Innovation and Technology) is responsible for the Federal Government's safety investigation agency for the rail, shipping, cable cars and civil aviation sectors. It is functionally and organisationally independent of all authorities and parties, public and private bodies whose interests could collide with the tasks of a security investigation agency. "

6. The second section with the section heading "Organization" No.

§ 3 together with headline:

" Organization of the federal security investigation agency

§ 3. (1) The Federal Security Office of the Federal Republic of Germany shall be responsible for a ladder. This is ordered by the Federal Minister for Transport, Innovation and Technology.

(2) The Federal Security Office is a permanently established independent investigative body for security in the areas, rail, shipping, cable cars and civil aviation. It shall carry out its duties independently and shall carry out a comprehensive safety investigation of incidents either by itself or by supervising the conduct of a safety investigation.

(3) In the conduct of their security investigations, the investigators pursuant to § 5 (15) are not bound by any instructions of organs outside the federal security investigation office. "

8. § 4 together with headline:

" The aim of a safety investigation

§ 4. Safety investigations in accordance with the provisions of this Federal Act have the exclusive aim of identifying the possible causes of an incident in order to be able to develop safety recommendations which are designed to avoid future similar problems. or similarly stored incidents. A safety investigation does not aim to clarify guilt or liability issues. "

9. According to § 4, a new second section is formed with the title "Provisions relating to safety investigations in the areas of rail, shipping and cable cars" . The previous 3. Heading with the heading "investigation procedure" No.

10. § 5 and title shall be:

" Definitions

§ 5. (1) In the fields of

1.

Rail is the operation of a main and secondary railway (§ 4 Railway Act 1957, BGBl. No. 60), a connecting railway (§ 7 Railway Act 1957, BGBl. No. 60) and a tramway, on which rail vehicles operate exclusively on their own railway, such as a underground railway (§ 5 para. 1 Z 2 Eisenbahngesetz 1957, BGBl. N ° 60), including the operation of rolling stock on a main, side-by-side, connecting and tramway, on which rail vehicles operate exclusively on their own railway;

2.

Shipping is the operation of a vehicle within the meaning of § 2 Z 1 of the Shipping Law, BGBl. I n ° 62/1997 on waterways in accordance with § 15 of the Shipping Law and an Austrian maritime vessel in accordance with § 2 Z 1 SeeSchFG;

3.

Cable car is the operation of a railway as defined in § 2 Z 1, Z 2a and Z 2b ba and bb of the cable car law 2003, BGBl. I No 103,

to understand.

(2) In the event of an accident in the rail sector, including accidents at railway crossings, any unintended event or special concatenation of such events shall be deemed to be the case;

1.

where rail vehicles are derailed or colliding with each other,

2.

people are killed or seriously injured, or

3.

Rail vehicles, infrastructure or the environment take considerable damage and the regulation and control of the safety of the operation of the railway, the operation of railway vehicles on the railway or the traffic on the railway are clearly affected.

Train collisions or train derailments in which at least one person is killed or at least five persons seriously injured or in which rail vehicles, infrastructure or the environment are harmed as a major accident in the rail sector in the amount of at least EUR 2 million, and the regulation and management of the safety of the operation of the railway, the operation of rail vehicles on the railway or rail transport, are clearly affected, and other similar accidents with obvious effects on the scheme railway safety or security management.

(4) In the event of an accident in the cable car area, any event in which persons have been fatally or seriously injured or an accident-related vehicle of a cable car has been seriously damaged, or the infrastructure or the environment is considered to be significant. Damage taken.

(5) As a major accident in the cable car area, any event in which at least one person is killed or at least five persons seriously injured, or an accident-related vehicle of a cable car, the infrastructure or the environment, shall be deemed to be harmful to the environment. in the amount of at least two million euros.

(6) Without prejudice to paragraph 10, an accident in the shipping sector shall be deemed to have been seriously damaged by any event in which persons have been killed or seriously injured, or an accident-related vehicle has been seriously damaged, or the infrastructure or the Environmental damage has been considerable.

(7) Without prejudice to paragraph 10, a major accident in the shipping sector shall be deemed to be any event in which at least one person has been killed or at least five persons have been seriously injured, or an accident-related vehicle, the infrastructure or the environment has suffered damage in the amount of at least two million euros.

(8) A disturbance shall be deemed to be an event other than an accident which is related to the operation of the respective means of transport and which affects the safe operation of the vehicle.

(9) A disturbance is considered to be a serious disturbance, the circumstances of which indicate that almost an accident would have occurred.

(10) Incidents pursuant to this Federal Act shall be subject to accidents pursuant to para. 2 to 7 as well as to disturbances in accordance with paragraphs 8 and 9. By way of derogation, in the case of maritime shipping, accidents and incidents under Article 3 of Directive 2009 /18/EC shall be considered as incidents.

(11) The causes shall be acts, omissions, events or circumstances, or a combination of these factors, which have resulted in an incident.

(12) A fatal injury shall be deemed to be an injury suffered by a person in the event of an incident and which results in the death within 30 days of the date of the accident.

(13) A serious injury shall be deemed to be a breach suffered by a person in the event of an incident and which

1.

requires a hospital stay of more than 24 hours within seven days of the occurrence of the injury, or

2.

Results in bone fractures (with the exception of simple brooches of fingers, toes or nose) or

3.

Causes severe bleeding or injury to nerves, muscle or tendon cords, or

4.

has caused damage to internal organs, or

5.

second or third degree burns or more than 5% of the body's surface area; or

6.

The result of a proven suspension of infectious substances or harmful radiation is the result of a proven suspension.

(14) Safety investigation within the meaning of this Federal Law is an investigation procedure for the purpose of prevention of incidents involving the collection and evaluation of information, the preparation of conclusions, including the determination of the Possible causes and, where appropriate, the creation of safety recommendations.

(15) Investigation officers are staff members of the Federal Agency for Transport and other persons who are employed by the Federal Security Office for the conduct of a safety investigation. "

11. § 6 together with headline:

" Principles of the procedure of a safety investigation

§ 6. (1) The investigation procedure shall be carried out in a simple and appropriate way, taking into account the objective of a safety investigation. In the interests of the efficiency of the safety investigation and the validity of the evidence, a safety investigation shall be carried out without delay. The safety investigation at the site of the incident shall be completed as soon as possible, so that any infrastructure affected by the incident can be repaired and released for the transport operation as soon as possible.

(2) The nature and scope of the safety investigation shall be based on the seriousness of the incident and, in particular, on the findings likely to be obtained in order to improve the safety of the transport sector in question.

(3) The investigation procedure shall not be public. "

12. § 7 shall read together with the title:

" Befanity

§ 7. (1) Inquiry officers and expert experts in accordance with § 10 shall abstain from the Office and shall arrange for their representation if there are important reasons to cast doubt on their full inconvenience, such as: In particular, the BGBl Act of 1991, Section 7 (1) of the General Administrative Procedure Act 1991. No 51 mentioned reasons.

(2) In case of danger in default, if a representation is not immediately available, investigators shall take inexorable measures.

(3) Insofar as the investigator is not declared to be concerned himself, the head of the Federal Security Investigation Office shall decide on the partiality of the investigator responsible for the respective safety investigation.

(4) All parties involved in an investigation procedure may request the rejection of an investigative officer. The reasons for the exclusion are to be stated in the application for rejection. The head of the federal security investigation office decides on the exclusion. "

13. § 8 shall read with title:

" Obligation of confidentiality

§ 8. (1) The investigators as well as all staff of the Federal Security Office shall be responsible for secrecy of all facts known to them exclusively from their activities in the context of security investigations. , the secrecy of which shall be in the interests of a person concerned or of the safety investigation. The duty of confidentiality is not to be found in relation to the Public Prosecutor's Office and in the main proceedings vis-à-vis the competent court in so far as evidence is provided pursuant to Section 11 (4) and the Public Prosecutor's Office and in the main proceedings, the competent courts for use in criminal proceedings.

(2) If investigators as well as employees of the Federal Security Office have testify before the court or before an administrative authority, and can be recognized from the summons, the subject matter of the statement of the If it could be subject to the obligation of confidentiality in accordance with paragraph 1, they shall report this to the head of the federal security investigation office. This has to decide whether the person is to be disbanded from the confidentiality obligation. The decision is to weigh the interest in secrecy, in particular in the protection of the data material and the persons contributing to the investigation, against the interest in the statement, taking into account the purpose of the procedure. The release may also be made subject to the condition that the public is excluded from the part of the statement that forms the subject of the decommitment.

(3) It is not possible to recognize from the summons that the subject-matter of the statement of the obligation of confidentiality in accordance with paragraph 1 could be subject and that this only arises in the case of the person's statement, so he has the answer to further questions on refuse. If the receiving authority considers that the statement is necessary, it shall apply for the person to be bound by the obligation of confidentiality in accordance with paragraph 1. The head of the Federal Security Office shall act in accordance with paragraph 2, second to fourth sentence. "

14. § 9 together with headline:

" Initiation of the safety investigation

§ 9. (1) The Federal Security Office shall, in individual cases, determine the investigator responsible for the organisation, implementation and supervision of the relevant safety investigation, including the decision to: Participation of security examination offices of other Member States of the European Union.

(2) In any case, serious accidents should be investigated. In addition, a safety investigation of incidents that are not serious accidents is to be carried out whenever it is to be expected that a safety investigation will bring new findings in order to avoid future incidents.

(3) The federal security investigation body may also initiate the security investigation of an incident at a later date if there is reason to believe that a safety investigation of the incident will provide new insights into the Avoid future incidents.

(4) Any reported incident shall be entered in the statistics in accordance with § 20, irrespective of the conduct of a safety investigation.

(5) If criminal proceedings are also pending in respect of an incident, the Federal Security Office shall be informed of this circumstance.

(6) If a safety investigation is initiated in the rail sector, the Railway Agency shall be notified within one week. The agreement shall contain information on the date, time and place of the incident, as well as on the nature and consequences of the incident in respect of personal injury and property damage. "

15. In § 10, the word "Accident Investigation Site" by the words "Federal Security Office" replaced as well as the words "The Head of Department" by the words "The Federal Security Office" replaced.

16. § 11 together with headline:

" Investigative Powers

§ 11. (1) The investigators shall be entitled, in the course of their administrative investigations, to exercise the following powers to the extent that this is necessary to fulfil the purpose of a safety investigation:

1.

immediate, unrestricted and unimpeded access to the location of the incident, and to vehicles, their cargo and wreckage, as well as to the infrastructure related to the incident and to the traffic control and signalling facilities;

2.

Immediate taking of evidence and documented removal of debris and components for examination or evaluation purposes;

3.

immediate access to recording equipment and other records of the vehicle and its evaluations and content, as well as other relevant records, and control of such records;

4.

the confiscation of an appropriate person or body in accordance with § 10 for the purpose of carrying out an autopsy of the corpses of the fatally injured persons, as well as access to the results of such investigations or of the tests on samples taken;

5.

confiscation of a suitable person or body in accordance with § 10 for the purpose of carrying out a medical examination of the persons involved in the operation of the vehicle or for carrying out tests of the samples taken on these persons, and access to the results of these studies or tests;

6.

-loading and questioning witnesses, as well as the invitation of witnesses to provide information or evidence relevant to the investigations under this Federal Act;

7.

unimpeded access to all relevant information or records of the owner of the vehicle, the holder of the model authorisation, the holding responsible for the maintenance, the training establishment, the operator or the Manufacturer of the vehicle as well as of the authorities and companies responsible for the respective traffic areas.

(2) Only in the rights of natural persons may be intervened in so far as this is strictly necessary for carrying out official investigations pursuant to paragraph 1 and that the proportionality for the purpose of the measure is respected. In particular, it should be borne in mind that the desired success is in a reasonable proportion to the presumed interference in the rights of persons and must be examined, whether not even with less intervening Measures have a reasonable prospect of success.

(3) With the exception of paragraph 4, the following evidence collected by the investigators is not available for purposes other than that of the independent security investigation:

1.

statements made by the investigator by the parties, witnesses, experts and other persons who are important for the purpose of the investigation;

2.

records made by the investigator, in particular notes, drafts and opinions of investigators, as well as records of any kind of communication between persons involved in the operation of a vehicle are involved;

3.

medical or personal information collected by the investigator about persons involved in an incident;

4.

data collected by the investigator from vehicle-bound recording equipment.

(4) If criminal proceedings are conducted in the event of an accident, the Public Prosecutor's Office shall, after hearing the Head of the Federal Security Office, order in writing which evidence in accordance with paragraph 3 for the purposes of law enforcement shall be ensured. The guarantee shall be admissible only if the interest in the inspection of the evidence and its use for the purpose of prosecution is of interest in the exclusive availability for the purpose of an independent The safety investigation as defined in § 4 is outweighed by the importance of the action to be resolved, the extent of the damage caused and the number of victims. In the event of an objection to the assurance of the evidence referred to in paragraph 3, the action must be taken in accordance with § 112 StPO.

(5) In the event of a request for information and interviews with participants and witnesses, such persons shall be allowed to take part in a confidential person. Persons who, through their testimony, expose themselves to the risk of criminal prosecution, or who run the risk of burdening themselves in connection with criminal proceedings against them, are to be lecturing on their right to refuse to testify , If they do not expressly renounce their right to refuse to testify, their statements in the judicial criminal proceedings may not, in the case of any other invalidity, be used as evidence of their disadvantage.

(6) The competent investigative officer shall ensure the traceability of the investigative actions and shall keep evidence of the evidence collected by him in custody. Where the evidence may be altered or destroyed by the safety investigation, the prior consent of the competent public prosecutor's office shall be obtained, but in the main proceedings, the competent court shall be required to obtain the prior consent. If such consent is not received within a reasonable period of time, but not more than two weeks after the request, the investigative officer shall nevertheless be entitled to carry out his safety investigation. In order to coordinate the investigations, the provisions of Article 12 (1) of Regulation (EU) No 996/2010 should also be applied in the appropriate manner.

(7) The investigators of the Federal Security Investigation Office shall be issued with a card indicating their status as an investigator. "

17. In § 12, the term "investigative bodies" by the term "Investigation Officer" and the term "Aviation" by the term "Cable Car" replaced.

18. § 13 reads:

" § 13. In the sense of § § 14 and 16 of the General Administrative Procedure Act 1991, Federal Law Gazette (BGBl), the investigative officer has records or file endorsements of individual investigative actions. No. 51. In any case, they shall contain the place, time and subject matter of the investigative actions and the personal signature of the investigator. "

19. § 14 reads:

" § 14. (1) A preliminary investigation report shall, in particular, include the manufacturer of the vehicles involved in the incident or, in the case of foreign producers, their authorised representative, in so far as they have their registered office in the country, the railway undertaking, the Cableway companies and shipping companies, the vehicle keepers, the staff representatives, the drivers of the vehicles involved in the incident and the competent authorities to give the opportunity to take note of the preliminary investigation report and to the facts relevant to the incident; and To submit conclusions in writing. The opportunity to obtain knowledge of the preliminary investigation report may also be granted in electronic form.

(2) Opinions may be sent to the Federal Security Office in writing in any technically possible form. Opinions expressed in substance and transmitted by the addressees referred to in paragraph 1 within a period to be determined on the approval of the provisional investigation report, which shall not be less than four weeks, shall be final to take account of the extent to which they are relevant for the analysis of the incident investigated. The investigative report shall be annexed to all the reasoned opinions received in good time.

(3) In the area of rail, the addressee referred to in paragraph 1 shall be informed, on request, of the status of the safety investigation and its progress. "

20. § 15 (1) to (4) reads as follows:

" § 15. (1) The safety investigation of an incident shall be concluded with a final report of the investigation. The report shall be based on the nature and seriousness of the incident. The report refers to the exclusive purpose of a safety investigation pursuant to § 4 and § 5 (14) and contains, where appropriate, safety recommendations.

(2) The report shall contain, with due regard for the anonymity of the persons involved in the incident:

1.

details of the incident;

2.

information on the means of transport involved;

3.

the external circumstances for the incident causal;

4.

the studies carried out and their results;

5.

Impairment of the safety investigation and its reasons;

6.

the evaluation of the results;

7.

Findings on the possible causes of the incident in accordance with § 4.

(3) The final investigation report shall be published by the Federal Security Agency, as soon as possible and as soon as possible after 12 months after the incident. If the final investigation report cannot be published within 12 months, an interim report shall be drawn up and published annually.

(4) A copy of the final investigation report shall be sent to:

1.

the Federal Minister of Transport, Innovation and Technology;

2.

the participants in the opinion procedure,

3.

in the rail sector, in addition to the Railway Agency and

4.

the competent public prosecutor's office in the cases of § 9 (5)

"

21. § 16 and the headline:

" Security Recommendation

§ 16. (1) A safety recommendation is a proposal for the prevention of incidents which the head of the federal security investigation authority issues on the basis of information that has emerged in the course of the safety investigation. Safety recommendations are generally issued within the scope of the investigation reports and may not in any case contain any statements or suspicions about any questions of guilt or liability.

(2) A safety recommendation shall be issued without further delay, irrespective of the state of the safety investigation procedure, if this is necessary in order to prevent future incidents of the same or the same type of occasion. It should be addressed to those bodies which can implement the safety recommendation in appropriate measures for the prevention of incidents.

(3) Safety recommendations shall be sent with the written letter, and shall, as far as possible, ensure that the addressees are verifiably achieved. The addressee of a security recommendation shall confirm receipt of the delivery letter.

(4) The Federal Security Office shall record all safety recommendations issued by the Federal Government and the responses received in a database. "

22. § 17 bis § 19 loud and transcripts:

" Resumption of the safety investigation

§ 17. The Federal Security Investigation Agency shall order the resumption of a safety investigation if newly identified facts become known within ten years of the finalisation of the final investigation report, The reason for which a different examination result can be expected.

Retention duties

§ 18. (1) The files of the security investigations and other files relating to incidents shall be stored and archived in a structured manner against access by unauthorised persons in an evidence.

(2) The time limit for the storage of files of a safety investigation shall be 20 years in the event of an accident involving fatalities. All other files are to be kept for 10 years. The deadlines shall begin to run at the end of the safety investigation procedure.

Security Report

§ 19. The Federal Security Office shall draw up a detailed report on the activities of the Federal Government in each previous year. In particular, the report shall also include the safety recommendations made and the measures taken following previous safety recommendations. The report shall be published by 30 September of each year at the latest and shall be forwarded to the National Council and to the rail sector of the European Railway Agency. "

23. § 20 (1) reads:

"(1) The Federal Security Office shall conduct an anonymized statistic on the incidents reported to it and shall publish annually as part of the security report in accordance with § 19."

Section 20 (2) reads as follows:

"(2) The statistics shall contain the number of reported incidents, including, in particular, the date of the incident, the location of the incident, the nature of the incident, and the possible causes of the incident."

25. According to § 20, the following 3. Section inserted:

" 3. Section

Provisions relating to safety investigations in the field of civil aviation

Implementing rules

§ 21. (1) For safety investigations in the field of civil aviation, the provisions of Regulation (EU) No 996/2010 shall apply.

(2) § § 7, 8, 9 (1) and (2), second sentence and paragraph 3 as well as § § 10 and 11 para. 4, 5, 6 and 7 as well as § § 12, 13, 14 para. 1, 17, 18, 19 and 20 shall apply mutatily to safety investigations in accordance with Section 3.

(3) In accordance with Article 17 (1) of Regulation (EU) No 996/2010, deliveries shall be made to the supreme Civil Aviation Authority of the State concerned.

(4) Incidents in the field of civil aviation shall be subject to accidents and incidents in accordance with Articles 2 Z 1, 7 and 16 of Regulation (EU) No 996/2010.

Cooperation between the authorities

§ 22. (1) Where an incident is the subject of criminal proceedings, the notification referred to in Article 12 (1) of Regulation (EU) No 996/2010 shall be made by the competent body of the law enforcement authorities to the authorities responsible for the safety investigation. Investigators. If no investigator has yet been appointed, the notice shall be sent to the head of the Federal Security Investigation Office or its representative.

(2) The judicial authority pursuant to Article 12 (1) of Regulation (EU) No 996/2010 is the Public Prosecutor's Office.

(3) Officials pursuant to Article 12 (1) of Regulation (EU) No 996/2010 shall be the persons appointed by the Public Prosecutor's Office.

(4) Unlawful interference in accordance with Article 12 (2) of Regulation (EU) No 996/2010 is any act punishable by law.

(5) The competent authority in accordance with Article 14 (3) of Regulation (EU) No 996/2010 is the competent public prosecutor's office.

(6) Notifications to the Federal Security Office for Civil Aviation pursuant to Art 9 (1) of Regulation (EU) No 996/2010 shall be submitted to the central reporting office of the Austro Control GmbH.

Cooperation with authorities in third countries

§ 23. (1) In the event of the operation of a non-domestic or a Member State of the European Union in the territory of the Federal Republic of Germany, or in the case of the Austrian aircraft register or the aircraft register of a Member State, the The European Union, registered or not an aircraft used by an Austrian air carrier or not by an air carrier of a Member State of the European Union, has issued an incident Federal Security Office of the Federal Republic of Germany the understanding of the agreements reached in the agreement International Civil Aviation, BGBl. No 97/1949, to be implemented by the Member States. Any other intergovernmental agreements shall remain unaffected.

(2) The agreed states in accordance with paragraph 1 may send an accredited representative to the safety investigation. Any other intergovernmental agreements shall remain unaffected.

(3) Any State outside the European Union, which has a particular interest in an incident in the territory of the Federal Republic of Germany, because nationals of that State have been killed or seriously injured, may send an expert.

(4) If necessary, the Federal Government Security Office may request the competent authorities of other States outside the European Union to:

1.

Installations, installations and equipment for

a)

the technical inspection of pieces of wreckage, on-board equipment and other objects that are important for the investigation,

b)

the evaluation of the record of the flight recorders;

c)

the electronic storage and evaluation of data of the incident,

2.

Investigators for specific tasks on the occasion of an incident of particular importance and seriousness

to the public. If States comply with such a request in accordance with paragraph 1, they may send an accredited representative to the investigation.

(5) The Federal Security Office of the Federal Republic of Germany may grant States pursuant to paragraph 1, at their request, assistance in accordance with paragraph 4. They are granted free of charge on the basis of reciprocity.

(6) In the event of an incident during the operation of aircraft registered in the Austrian aircraft register or registered in the Austrian aircraft register or operated by an Austrian air carrier, outside the Austrian air transport company The Territory and the territory of the European Union shall, if necessary, take the Federal Security Office by sending an investigative officer and a number of advisers, appropriate to the event, who shall to be sent to air carriers or from development operations, the function of accredited representative in the foreign security investigation. The Federal Security Office is also entitled, in all other cases where it is notified by a security investigation in a third country, to have an accredited representative or, in accordance with paragraph 3, an accredited representative. to appoint experts or designate a body suitable for this purpose.

Investigation reports from third countries

§ 24. Investigations reports from third countries, parts thereof, or documents to which the investigators have access may not be published or made available to third parties without the express consent of the foreign investigation authority . This shall not apply if the foreign investigation authority has already published or released these reports. There is no obligation to publish foreign investigation reports. Any safety recommendations shall be brought to the attention of the appropriate authorities. "

26. The previous § 23 receives the Section title "§ 25." . The previous 5. Section shall be considered as " 4. Section " .

27. § § 26 and 27 together with the headings are:

" Implementation of European Union legal acts

§ 26. With this federal law,

1.

Directive 2004 /49/EC on rail safety in the Community and amending Council Directive 95 /18/EC on the licensing of railway undertakings and Directive 2001 /14/EC on the allocation of Railway infrastructure capacity, the leviation of charges for the use of railway infrastructure and the safety certificate (Railway Safety Directive), OJ C 327, 30.4.2004, p. No. OJ L 164, 30.4.2004 p. 44, as last amended by Directive 2009 /149/EC, OJ L 164, 30.4.2009, p. No. OJ L 313, 28.11.2009 p.65,

2.

Directive 2009 /18/EC laying down the principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999 /35/EC and Directive 2002/59/EC of the European Parliament and of the Council, OJ L 134, 30.4.2009, p. No. OJ L 131 of 28.05.2009 p. 114

3.

Rules for the implementation of Regulation (EU) No 996/2010.

Criminal provisions

§ 27. (1) Any person who is contrary to this federal law or to the regulations issued under this federal law by continuing to provide information that is protected under these provisions, the investigations or acts of the The Federal Security Office obstructs the Office by preventing its investigators from carrying out their duties, or by refusing to provide relevant records, materials, information and documents. shall be withheld, altered or destroyed, or Competent authorities shall not be informed of the occurrence of an incident, shall be subject to administrative surrender, unless there is a judicial offence, and shall be subject to a fine of up to euro from the district administrative authority. 20 000, in the event of their inability to punish with a replacement custodial sentence of up to six weeks.

(2) The penalty payments received shall be allocated to the local authority, which shall bear the burden of the authority responsible for the criminal proceedings in the first instance. "

28. The previous § § 27 and 28 receive the Section designations "§ 28." and "§ 29."

29. § 30 together with headline:

" Referral

§ 30. (1) Where reference is made in this Federal Act to provisions of other federal laws or state treaties of the Federal Republic of Germany, these are, unless otherwise arranged, to be applied in their respectively applicable version.

(2) Where reference is made in this Federal Act to Regulation (EU) No 996/2010, this is a reference to Regulation (EU) No 996/2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing the Directive 94 /56/EC, No. OJ L 295, 12.11.2010 p.35.

30. The previous § § 30 to 32 will receive the Section designations "§ 31." , "§ 32." and "§ 33." . The heading of § 33 is instead "In-Force Trets" now "Entry into force" .

Article 2

Amendment of the Force Act 1967

The Kraftfahrgesetz 1967, BGBl. No. 267, as last amended by the Federal Law BGBl. I No 116/2010, shall be amended as follows:

Article 58 (2b) reads as follows:

" (2b) The Authority shall have the data collected on the number of controlled commercial vehicles, broken down by category of vehicle and by country of registration and indicating the points which have been checked and the deficiencies identified, the State Governor . The provincial governor has to summarize the reports for the federal state and has a report on the previous half-year of the Federal Agency for Transport on annual reporting to the Federal State of Germany by 31 August and 28 February each year. National Council and to report to the Commission of the European Union. "

2. § 131 (4).

Article 3

Amendment of the Maritime Law

The Federal Act on Inland Waterways (Maritime Law-SchFG), BGBl. I n ° 62/1997, as last amended by BGBl. I No 12/2011 shall be amended as follows:

Section 31 (3a) reads as follows:

"(3a) The notifications made pursuant to paragraph 1 of the Shipping Supervision shall be forwarded without delay to the Federal Security Office of the Federal Government."

Article 4

Amendment of the Cable Car Act 2003

The federal law on cableways (Seilbahngesetz 2003-SeilbG 2003), BGBl. I No 103/2003, as last amended by BGBl. I No 12/2011 shall be amended as follows:

Section 104 (2) reads as follows:

" (2) The cable car company is obligated to report accidents and faults in the cable car operation of the Federal Security Office immediately. The Federal Minister of Transport, Innovation and Technology has to determine the scope and form of notifications of cableway companies by regulation. "

Fischer

Faymann