Amendment To The Motor Vehicle Liability Insurance Act 1994, Rail And Motor Vehicle Liability Law, Of The Gas Business Act 2011, Of The Liability Law Of Kingdom Of And The Rohrleitu...

Original Language Title: Änderung des Kraftfahrzeug-Haftpflichtversicherungsgesetzes 1994, des Eisenbahn- und Kraftfahrzeughaftpflichtgesetzes, des Gaswirtschaftsgesetzes 2011, des Reichshaftpflichtgesetzes und des Rohrleitu...

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138. Federal law, which amends the Motor Vehicle Liability Insurance Act 1994, the Railway and Motor Insurance Act, the Gaswirtschaftsgesetz 2011, the Reichshaftpflichtgesetz (Reichshaftpflichtgesetz) and the Piping Act (Piping Act)

The National Council has decided:

Article 1

Amendment of the Motor Vehicle Liability Insurance Act 1994

The Motor Vehicle Civil Liability Insurance Act 1994 (KHVG 1994), BGBl. No. 651/1994, as last amended by the Federal Law BGBl. I No 107/2010, shall be amended as follows:

1. § 9 (3) to (6) reads:

" (3) The flat-rate insurance sum shall be:

1.

for buses with no more than 19 seats (seating and standing places) other than the handlebar and lorries with more than eight, but not more than 19 seats in addition to the driver's seat 14 000 000 euro,

2.

for buses and lorries with more than 19 seats for each additional five seats, in addition 3 500 000 Euro,

3.

for bus and coach trailers with no more than ten seats EUR 7 000 000, and for each additional five places, EUR 3 500 000,

4.

for all other vehicles 7 000 000 Euro.

(4) In any case, within the flat-rate insurance sum,

1.

all personal injury

a)

in the case of buses with no more than 19 seats (seating and standing places) other than the handlebar and lorries of more than eight, but not more than 19 seats in addition to the driver's seat, up to EUR 12 800 000;

b)

for buses and lorries with more than 19 seats for each additional five seats up to EUR 3 500 000,

c)

in the case of bus trailers with no more than ten places, up to EUR 5 800 000 and, for each additional five seats, up to EUR 3 500 000,

d)

up to EUR 5 800 000 for all other vehicles,

2.

all property damage up to 1 200 000 Euro

fully to cover.

(5) In addition to the flat-rate insurance sum, the statutory insurance sum amounts to EUR 70 000 for mere asset damage.

(6) For vehicles with which dangerous goods according to the provisions of § 2 Z 1 of the Dangerous Goods Transport Act, BGBl. I No 145/1998, and which are to be labelled in accordance with these provisions, shall be the statutory insurance sum

1.

for the killing or injury of a person 7 000 000 euro,

2.

for the killing or injury of several persons 14 000 000 euro,

3.

a total of EUR 14 000 000 for property damage,

4.

for mere asset damage 70 000 euros. "

2. The following paragraph 10 is added to § 37a:

" (10) § 9 (3) to (6) in the version of the Federal Law BGBl. I No 138/2011 shall enter into force 1. Jänner 2012 in force. With this date, existing insurance contracts are in accordance with § 9 (3) to (6) in the version of the Federal Law BGBl. I No 138/2011. "

Article 2

Amendment of the Railway and Motor Insurance Act

The Railway and Motor Insurance Act (ECHG), BGBl. N ° 48/1959, as last amended by the Federal Law BGBl. No 37/2007, is hereby amended as follows:

1. In § 15 (1) (1) (1), the amount of "1 600 000 euro" by the amount of "EUR 1 920 000" replaced.

2. In Article 15 (1) (2) (2), the amount of "100 000 euro" by the amount of "120 000 euro" replaced.

3. In Section 15 (3) (1) (1) the amount of "EUR 5 000 000" by the amount of "EUR 5 800 000" replaced.

4. In § 15 (3) (2), the amount of "EUR 6 000 000" by the amount of "EUR 7 000 000" and the amount of "EUR 3 000 000" by the amount of "EUR 3 500 000" replaced.

5. In § 15 (3) (3) (3), the amount of "EUR 7 000 000" by the amount of "EUR 8 200 000" replaced.

6. In Section 16 (1) (1) (1), the amount of "1 000 000 euro" by the amount of "1 200 000 euro" replaced.

7. In Article 16 (1) (2) (2), the amount of "EUR 11 000 000" by the amount of "EUR 12 800 000" replaced.

8. The following paragraph 5 is added to § 21:

" (5) § 15 (1) and (3) and § 16 (1) in the version of the Federal Law BGBl (Federal Law Gazette). I No 138/2011 will be 1. Jänner 2012 in force. The amended provisions shall apply to accidents which have occurred after 31 December 2011. "

Article 3

Amendment of the Gaswirtschaftsgesetz 2011

The Gas Economics Act 2011 (GWG 2011), BGBl. I No 107/2011, shall be amended as follows:

1. In § 49 (1) (1) (1), the amount of "1 600 000 euro" by the amount of "EUR 1 920 000" and the amount of "100 000 euro" by the amount of "120 000 euro" replaced.

(2) The following paragraph 3 is added to § 169:

" (3) § 49 in the version of the Federal Law BGBl. I No 138/2011 shall enter into force 1. Jänner 2012 in force. The amended provisions shall apply only to damage events that have occurred after 31 December 2011. Existing insurance contracts shall be adapted to the amended provisions by that date. "

Article 4

Amendment of the Reichshaftpflichtgesetz

The law relating to liability for compensation for the operations of railway undertakings, mines, etc. caused killings and bodily injuries of 7 June 1871, dRGBl. 207, as last amended by the Federal Law BGBl. No 37/2007, is hereby amended as follows:

(1) In § 7a the amount of "100 000 euro" by the amount of "120 000 euro" replaced.

(2) In § 7b (1) and (2), the amounts of "1 000 000 euro" in each case by the amounts of "1 200 000 euro" replaced.

3. According to § 9d, the following § 9e is added:

" § 9e. § § 7a and 7b in the version of the Federal Law BGBl. I No 138/2011 will be 1. Jänner 2012 in force. The amended provisions shall apply to damage events that have occurred after 31 December 2011. "

Article 5

Amendment of the Piping Act

The piping law, BGBl. No. 411/1975, as last amended by the Federal Law BGBl. I n ° 58/2010, is amended as follows:

1. In Section 11 (1) (1) (1), the amount of "1 600 000 euro" by the amount of "EUR 1 920 000" and the amount of "100 000 euro" by the amount of "120 000 euro" replaced.

2. The following paragraph 1e is inserted in § 44:

" (1e) § 11 in the version of the Federal Law BGBl. I No 138/2011 shall enter into force 1. Jänner 2012 in force. The amended provisions shall apply only to damage events that have occurred after 31 December 2011. Existing insurance contracts shall be adapted to the amended provisions by that date. "

Fischer

Faymann