120. Regulation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management, laying down provisions on the implementation of the special marking of vehicles with regard to the allocation to the classes of exhaust gases (IG-L- Exhaust Class Labelling Regulation-AbgClassic V)

On the basis of § 14a of the Immission Protection Act-Air (IG-L), BGBl. I n ° 117/1997, as last amended by the Federal Law BGBl. I No 77/2010, shall be arranged:

Exhaust classes-Labelling

§ 1. (1) A marking according to § 14a (1) IG-L with an exhaust-gas class identification plate chain is for all multi-track motor vehicles of categories N and M for all traffic admitted to the traffic within the meaning of § 3 (1) Z 2.1 and Z 2.2 of the Kraftfahrgesetz 1967 (KFG) 1967), BGBl. No 267, if this is necessary,

1.		fall into an exhaust class for which the measures of a regulation in accordance with Article 14 (1) (1) of the IG-L do not apply or for which exceptions are laid down by those measures, and
2.		be operated at the local scope of a regulation according to § 14 (1) Z 1 IG-L.

(2) The marking in accordance with Section 14a (1) of the IG-L shall be marked by the affixing of the exhaust-gas class identification chain, which applies in accordance with this Regulation.

(3) The affixing of an exhaust-gas class identification plate for the purposes of this Regulation, which represents the actual exhaust gas class of a motor vehicle, shall be permitted even if this badge is not used for the purpose of making use of an exemption from Regulation pursuant to Section 14 (1) (1) (1) of the Law on Time and Spatial Limitations shall be applied.

Identification and assignment of motor vehicles to exhaust classes

§ 2. (1) Where an identification and assignment of a motor vehicle is carried out with regard to the marking with an exhaust-gas class identification plate, it shall be checked which vehicle class in the sense of the KFG in 1967 and which of the vehicles is used for the identification and classification of a vehicle. An exhaust-gas class is assigned to a specific motor vehicle and the type of drive of the motor with which the respective motor vehicle is operated corresponds. As a basis for these findings, the relevant database ("Exhaust Classification Database") is usually the relevant database. and

a)		the vehicle class and type of drive registered in the approval certificate or in the respective approval documents (type certificate, individual approval, data extract from the approval database), and those under the heading "V exhaust behaviour" or "V9 exhaust gas class" means information,
b)		a certificate of conformity in accordance with Directive 2007 /46/EC COC (Certificates of Conformity) or
c)		A CEMT issued by an authorized body for conformity with the technical requirements and safety requirements for a motor vehicle
to use.

(2) If the exhaust gas behavior of a motor vehicle cannot be determined in accordance with para. 1, or if it deviates from the general data or entries, for example, by subsequent changes, an identification and assignment of a motor vehicle can be effected. in the case of a class of exhaust gas, on the basis of a certificate issued by the producer of the vehicle or of a domestic authorised representative in accordance with Article 29 (2) of the KFG in 1967, with which at least the vehicle identification number, the vehicle class, the type of drive of the vehicle, the vehicle class, the The vehicle, the producer and the respective exhaust gas class are unquestionable and is properly confirmed. If no documents are available or if the existing documents do not allow reliable findings with regard to the exhaust gas class, the procedure shall be taken in accordance with Section 14a (2) of the IG-L.

Appearance, dimensions and characteristics of the exhaust-class identification plate chain

§ 3. (1) The exhaust-gas class identification plate chains shall be implemented in accordance with the annex to this Regulation and shall be accompanied by a consecutive numbering. They have the assignment to the exhaust class, the type of drive (gasoline, diesel or alternative drives within the meaning of § 14 paragraph 2 Z 5 IG-L), the vehicle class according to the KFG 1967, the presence of a functioning particle filter and other To make information visible in accordance with the Appendix. In any case, the presence of a functioning particle filter is to be proven by means of a partial evaluation and a proof of the professional installation.

(2) For the identification of vehicles falling within the exhaust class described in the 1967 KFG with the designation "Euro 1", the exhaust gas class identification chain shall be used in accordance with Figure 1 of the Appendix.

(3) For the identification of vehicles falling within the "Euro 2" exhaust class, the exhaust gas class identification chain shall be used in accordance with Figure 2 of the Appendix.

(4) For the identification of vehicles falling within the "Euro 3" exhaust-gas class, the exhaust-gas class identification chain shall be used in accordance with Figure 3 of the Appendix.

(5) For the identification of vehicles falling within the "Euro 4" exhaust class, the exhaust-gas class identification chain shall be used in accordance with Figure 4 of the Appendix.

(6) For the identification of vehicles falling within the "Euro 5" or higher exhaust class, the exhaust-gas class identification chain shall be used in accordance with Figure 5 of the Appendix.

Application of the exhaust-gas class identification plate chain on the motor vehicle

§ 4. (1) The application of the respective assigned exhaust-gas class identification chain has to be carried out by the powers within the meaning of § 5, insofar as not paragraph 4 is to be applied. The powers shall be used to use the appropriate exhaust-gas class identification chain, to apply the appropriate perforations and to have the last seven digits of the vehicle identification number provided for as vehicle-specific information in the to punch in the respective exhaust-gas class labeling chain. This shall be done in accordance with the annex to this Regulation.

(2) The exhaust gas class identification plate must be fitted to the vehicle in such a way that the exhaust class, type of drive, vehicle identification number and further information provided on the vehicle shall be provided by the vehicle in the appropriate Fields of the exhaust-gas class identification plate chain are clearly visible after the application of the exhaust-gas class identification plate-chain on the vehicle.

(3) The exhaust-gas class identification chain must be mounted on the inside of the vehicle; in the case of vehicles with body-like structure in the right side area of the windscreen, immediately adjacent to or under the review plate in accordance with § 57a KFG 1967; in the case of vehicles with collapsible windscreens, with windscreens which do not permit the application of the exhaust-gas class identification plate within the above-mentioned dimensions, and in the case of vehicles without windscreen, the carrying of the Exhaust-gas class identification plate chains with the vehicle papers as Orderly fitting within the meaning of Section 14a (1) IG-L.

(4) In the case of heavy goods vehicles and buses with a maximum permissible gross laden weight of more than 3.5 tonnes, the powers within the meaning of Section 5 shall not be required to apply the exhaust-gas class identification plate to the vehicle. After the identification and assignment of the vehicle within the meaning of § 2 and the performance of the perforations within the meaning of paragraph 1, the powers within the meaning of § 5 shall be allowed to use the exhaust gas class identification supply chains for such vehicles to be responsible for their own responsibility. Apply to the vehicle owner or his authorised representative on the respective motor vehicle.

(5) The affixing of a number of exhaust-class identification plate chains in accordance with this Regulation on a vehicle side by side or on top of each other shall be prohibited.

Authorised persons for the identification, allocation and installation of the exhaust-gas-class identification-labelling-chain

§ 5. (1) In order to identify motor vehicles, to assign them to an exhaust class, to a class of vehicles and to determine the type of drive, and to affix the label supply chain, the producer of the vehicle shall be his or her own Authorized representative pursuant to Section 29 (2) of the KFG (1967) and on behalf of the producer or authorised representative of the vehicle trading company shall be entitled to do so if this is carried out when new motor vehicles are placed on the market.

(2) In the case of motor vehicles for which a certificate of registration has already been issued and on which the producer of the vehicle, his or his national authorised representative or authorised vehicle trading company no longer have, are in accordance with § 14a IG-L for the purpose of identification, for the assignment to the appropriate exhaust class and for the fitting of the corresponding exhaust gas class identification chain exclusively the bodies authorized in accordance with § 57a KFG 1967 and the State test bodies according to KFG In 1967. The relevant activities shall be carried out on behalf of the respective vehicle holder.

(3) The powers referred to in paragraphs 1 and 2 shall have the identification details in the form of the last seven digits of the vehicle identification number, the consecutive numbering of the exhaust-gas class identification chain, the assignment to the appropriate vehicle class, type of propulsion, exhaust class, the presence of a functioning particulate filter and the date of application of the exhaust gas class identification chain or compliance in accordance with § 4 (4), preferably in writing, provided that they are: have the appropriate equipment, also in electronic form, , in particular in connection with the waste-gas classification database, to be retained and kept for at least 5 years. The authorities shall issue a written confirmation of this information, which shall include, inter alia, the reasons for the allocation of the vehicle to a particular class of exhaust gases.

(4) Manufacturers of the exhaust-gas class identification chains may only supply them to the powers within the meaning of paragraphs 1 and 2.

(5) For the purposes of ensuring the requirements of paragraph 3, manufacturers of exhaust-gas class identification plate chains may set up distribution communities. The minimum quantity of exhaust gas class identification plate chains is in each case 5 pieces. In the case of special circumstances justifying the reduction of smaller quantities, exhaust gas class identification plate chains may also be obtained in a smaller number if the recipient pays the shipping costs incurred.

(6) The manufacturers of the exhaust-gas class identification chains and the powers referred to in paragraphs 1 and 2 shall ensure, in their respective areas of responsibility, that the orders of vehicle holders for the identification of motor vehicles with the relevant provisions shall be Exhaust gas class identification plate chains are carried out properly and without unnecessary distortion.

Basis for the pricing of the exhaust-gas class identification chain and the identification, allocation and affixing

§ 6. (1) An indicative price of € 2.50 shall be established for the exhaust-gas-class identification-labelling chain. The price for the implementation of the identification, the assignment and the perforation as well as the first-time installation of the exhaust-gas class identification plate by the powers pursuant to § 5 (1) and (2) shall be subject to the maximum expected time and effort involved. orient the general application of the hourly rates for relevant activities in the posts authorised in accordance with Section 57a of the KFG in 1967.

Equivalence clause

§ 7. The exhaust-gas-class labelling supply chain in accordance with this Regulation, equivalent, by law or by official authority, and clearly recognisable by non-domestic-registered motor vehicles in accordance with the provisions of other Member States of the European Economic Area shall be deemed to be labelled in accordance with this Regulation if at least the exhaust gas class or the relevant exhaust gas values of the vehicle and other vehicles for the implementation of a measure according to § 14 IG-L the necessary information is clearly visible. Markings corresponding to this equivalence clause will be published on the website of the Federal Ministry of Agriculture, Forestry, Environment and Water Management.

entry into force

§ 8. This Regulation shall enter into force on 1 September 2012.

Berlakovich