Change The Driver's License Law Health Regulation (5Th Amendment To The Fsg-Gv)

Original Language Title: Änderung der Führerscheingesetz-Gesundheitsverordnung (5. Novelle zur FSG-GV)

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280. Regulation of the Federal Minister for Transport, Innovation and Technology with which the German driving licence legislation is amended (5. Novelle to the FSG-GV)

On the basis of § § 8 and 34 of the Driving Licing Act, BGBl. I No 120/1997 idF BGBl. I No 93/2009 is being prescribed in agreement with the Federal Minister for Health:

The driving license law health regulation, BGBl. II No 322/1997, in the version BGBl. II No 64/2006 is hereby amended as follows:

1. In § 1, the sales denomination shall be deleted. "(1)" and Z 6 is:

" 6.

Re-examination: basis for the medical opinion to be submitted by owners of the steering authority of categories C (C1), CE (C1E), D (DE) and D1 (D1E) in accordance with Article 17a (2). "

2. § 1 Z 8 and 9 are:

" 8.

group 1: motor vehicles of categories AM, A (A1, A2), B, BE and F,

9.

Group 2: Motor vehicles of categories C (C1), CE (C1E), D (D1) and DE (D1E). "

3. § 2 para. 1 second sentence reads:

" In the cases of § § 5 to 16 medical check-ups are required as a condition, they may never be alone, but only in connection with a limit of the steering authority and an amtsmedical follow-up examination. The expiration of this time limit will be available. "

4. § 3 para. 2 Z 4 reads:

" 4.

a visual acubric control without a vision, as well as a rough examination of the field of view; if the specified minimum visual acuditions are undershot, additionally a visual acubric role with eyesoing. In the case of group 2 spectacle wearers, the eyeglass strength is to be determined; if the expert doctor does not have the necessary examination procedures available, a lens determination of an eye optician or an ophthalmic diagnosis of the ophthalmoloid is determined. at the time of the examination, the eyeglass lens determination or the ophthalmological finding shall be no more than six months; "

5. § 4 reads:

" (1) The suitability of a person for the steering of motor vehicles requires a body size of at least 155 cm and in the case of motor vehicles of categories C (C1), CE (C1E), D (D1) and DE (D1E) of at least 160 cm.

(2) Persons whose body size does not reach the minimum level referred to in paragraph 1 shall be deemed to be suitable for driving motor vehicles under the conditions set out in Article 8 (3) (2) or (3) of the FSG if this deficiency is due to the use of To be able to compensate for vehicles with certain characteristics or compensating vehicles. "

6. § 7 reads:

" § 7. (1) All applicants for a steering authority must undergo an examination in order to establish that they have a visa sufficient for the safe steering of motor vehicles (par. 2 Z 1). This investigation also has a rough examination of the field of vision (par. 2 (2). In case of doubt, the applicant is to be examined by a specialist for ophthalmology and optometry. The criteria referred to in paragraph 2 (2) (3) and (4), as well as other visual disorders which may call into question safe driving, and the presence of progressive eye diseases, shall not be examined individually in this study. In case of doubt, or if there is a suspicion of progressive eye diseases, the applicant must be examined by a specialist in ophthalmology and optometry.

(2) The defective vision cited in Section 6 (1) Z 6 shall be before, if not achieved

1.

a visual acuity with or without correction

a)

for the steering of motor vehicles of group 1 in the case of double-eyed vision of at least 0.5

b)

for the steering of motor vehicles of group 2 of at least 0.8 in one eye and at least 0.1 on the other;

2.

a two-eyed field of vision

a)

for the steering of motor vehicles of group 1 with external borders of at least 120 degrees, right and left at least 50 degrees and upwards and downwards at least 20 degrees and without failure in the central area of 20 degrees;

b)

for the steering of motor vehicles of group 2 with external borders of at least 160 degrees, right and left at least 70 degrees and upwards and downwards at least 30 degrees and without failure in the central area of 30 degrees;

3.

the freedom of double vision, where appropriate by covering an eye or by means of optical aids;

4.

a sufficient number of twists, undisturbed blood and contrast sensitivity. "

7. § 8 reads:

" § 8. (1) Is the one in § 7 paragraph 2 Z 1 lit. a required visual acuity of motor vehicles of Group 1 only with correction is to require the use of a corresponding eyesid in the steering of a motor vehicle. Perforated eyeglasses (stenopean spectacles) must not be used and cylinder glasses must not be circular.

(2) Is the one in § 7 paragraph 2 Z 1 lit. (b) the suitability for steering of motor vehicles shall be deemed to have been met if there are no objections due to the use of vision to date; and

1.

the glass thickness is no more than + 8 or -8 dioptriene spherical equivalent and ± 2 dioptria is cylindrical and the correction difference is no more than 2 diopter spherical equivalent between the two eyes, or

2.

there is an appropriate medical opinion, confirming the visa required for the steering of motor vehicles, or

3.

the required visual acuity is achieved by means of contact lenses.

Perforated eyeglasses (stenopean spectacles) must not be used and cylinder glasses must not be circular.

(3) If the requirements for the field of vision are not met, a steering authority of Group 1 may, in exceptional cases, be granted or left for a period of not more than five years on the basis of a favourable specialist medical opinion. If necessary, it is necessary to establish whether the defective vision can be adequately compensated for by checking the force-specific performance capability and/or an observation journey. If the medical examination results in a field of view of an eye, which is the subject of § 7 para. 2 Z 2 lit. In addition to the five-year duration of the steering authority, the provisions of Section 4 are to be applied to the absence of an eye and to the functional classification. If the medical examination results in non-overlapping defects of the facials of both eyes in the case in § 7 paragraph 2 Z 2 lit. In addition to the five-year term of the steering authority, the conditions set out in paragraph 4 shall apply to both eyes, with the exception of the provisions relating to the field of vision (§ 7 para. 2 Z 2). If the facials of both eyes have overlapping defects, a steering authority must not be granted or left. A steering authority of Group 2 may not be granted or left in any case of a visual field restriction.

(4) If an eye is missing or a functional one is given, a steering authority may be granted or left if a specialist medical opinion confirms that in the normal visual eye none of the provisions of section 7 (2) Z 2, 3 and 4 is confirmed. In the absence of or correction of the visual acuity referred to in § 7 (2) (1) of the EC (1). In any case, a steering authority for Group 2 may only be granted or left if the one in § 7 sec. 2 Z 1 lit. b) Visus is reached on both eyes. Any signs of incipient illness of the visual eye must be assessed in order to determine the period during which an ophthalmological check-up is necessary; the suitability of the eye can only be accepted for this period. In determining the period of time, consideration should also be given to the cause and the timing of the loss or blindness of the one eye. If necessary, it is necessary to determine whether the loss of an eye can be adequately compensated by means of an observation journey or a check of the force-specific performance capability. In any event, for a period of six months after the occurrence of the admission, no steering authority may be granted or left. Eye protection is to be used when steering motor vehicles without windscreens or with windscreens whose upper edge is not higher than the eyes of the handlebar.

(5) In the case of a double vision, the suitability for steering motor vehicles of Group 1 shall be subject to a favourable medical opinion, subject to the use of a corresponding optical device such as black glass, Matte glass, etc., which turns off the view of an eye. The steering authority for Group 1 may be granted for a period not exceeding five years and, moreover, in this case the provisions of paragraph 4 shall be applied on the absence of an eye and on the functional nature of the authorisation. A steering authority of Group 2 may not be granted or left.

(6) Persons with a progressive eye disease may be granted a fixed-term steering authority and may be granted or left under the condition of medical check-ups. The condition can be lifted as soon as the illness or disability has stabilised.

(7) In exceptional cases, if the medical examination is suspected of other eye diseases which would restrict the safe steering of a motor vehicle, a temporary contract may be used for a limited period of time. To be granted steering authority.

(8) In the presence of ocular tremors (nystagmus), even when the required visual acuity is obtained, a specialist medical opinion is to be attached which confirms the suitability for steering motor vehicles of group 1. A steering authority of Group 2 may not be granted or left. "

8. § 11 reads:

" § 11. (1) diabetic patients may only be granted or left a steering authority in accordance with a favourable medical opinion which, in particular, indicates that the diabetic is able to understand the risks associated with hypoglycaemia and to show that the patient is responsible for the risk of the risk of a risk of hypoglycaemia. Condition adequately controlled.

Diabetic patients who have to be treated with insulin or certain tablets may have a right to control Group 1 only for a period of not more than five years under the condition of medical check-ups and medical examinations. Follow-up investigations shall be granted or left.

Diabetic patients who have to be treated with insulin or certain tablets may have a right to control group 2 for a period not exceeding three years, under the condition of medical check-ups and medical examinations. Follow-up examinations and, in compliance with the following conditions, shall be granted or left:

1.

the handlebar makes a statement that no hypoglycaemia has occurred in the last 12 months, which requires assistance from another person (severe hypoglycaemia);

2.

There is no hypoglycaemic perception disturbance;

3.

the handlebars shall have adequate monitoring of the disease by means of regular blood glucose tests carried out at least twice a day, and at those times when the person usually directs motor vehicles;

4.

the handlebar shows that it understands the risks associated with hypoglycaemia;

5.

there are no other complications of diabetes, which exclude the steering of vehicles.

(4) diabetic patients who have had hypoglycaemia two times within 12 months requiring assistance from another person (repeated severe hypoglycaemia) and diabetic patients suffering from hypoglycaemic perception disorder , a steering authority must not be granted or left. This does not apply if the avoidance of hypoglycaemia is achieved through appropriate measures, training, therapy conversion and blood glucose controls. "

9. § 12 (3).

10. In accordance with § 12, the following § 12a together with the heading is inserted:

" Seizures/Epilepsy

§ 12a. (1) Persons who suffer from epileptic seizures or other seizures of consciousness or disorder may only be entitled to a steering authority, including a favourable medical opinion and during the first five years after a seizage only under the condition of medical check-ups and only for a maximum period of five years, or be left. The specialist has to assess the epilepsy or other disturbances of consciousness, their clinical form and development, the previous treatment and the seizure freedom and the risk of seizure. In the case of group 2 steering, appropriate medical post-treatment must be carried out, the examination must not have resulted in a pathological cerebral finding and the electroencephalogram (EEG) must not show any epileptic activity. During the seizure-free periods prescribed in para. 2 and 3, no medicinal treatment of epilepsy may be carried out in the case of handlebars in Group 2.

(2) Persons who have suffered a first-time seizure may be granted a steering authority of Group 1 after a seizure-free period of six months, a steering authority of Group 2 after a seizure-free period of five years, or leave . This period may be omitted if the seizage is due to a discernible and preventable cause, the occurrence of which is unlikely to occur at the tax (provoked seizage). In the event of non-provoked seizuals, the period may be shortened in individual cases on the basis of a favourable medical opinion.

(3) Persons suffering from epilepsy (more than an unprovoked seizure or an unprovoked seizure and epilepsy-type changes and/or the MRI detectable causal structural lesion) or more than one seizure (provoked or mixed provoked and not provoked) may grant Group 1 steering authority after a period of one year, a group 2 steering authority after a seizure-free period of ten years or leave it. In the case of Group 2 drivers, the period may be reduced in individual cases on the basis of a favourable medical opinion.

(4) Persons who have suffered exclusively seizures without impairment of the consciousness or the ability to act or sleep-bound seizures may be granted or left a steering authority of Group 1 if this disease pattern is has been observed over a period of one year from the first seizure, unless it is possible to grant or provide a steering authority for Group 1 in accordance with paragraph 2 at an earlier stage. For the handlebars of Group 2, the provisions referred to in paragraphs 2 and 3 shall apply to Group 2 in the event of seizuals without impairment of consciousness or ability to act or in the case of sleep-related seizus.

(5) Persons who have suffered a seizure in the event of an alteration or termination of an anti-epileptic therapy may have a steering authority of group 1 on resumption of previously effective treatment after a renewed seizure of three months. is granted or left. In such cases, a steering authority for Group 2 may not be granted or left (para. 1 last sentence).

(6) Persons suffering from health disorders (e.g., arteriovenous malformations or intracerebral haemorrhages), which are associated with an increased risk of seizures, may have a right to control the Group 2 shall be granted or left only on the basis of a favourable medical opinion. "

The second sentence of Article 22 (4) reads as follows:

"Excluding these are positive screenings in accordance with § 18 (4)."

12. § 22 (6) second sentence is deleted.

13. In § 23 (1) are the Z 1 to 3:

" 1.

by an applicant for the steering authority of Group 1

................ 35 Euro,

2.

by an applicant for the steering authority of Group 2

.......

......... 50 Euro,

Where

in that amount, the investigation for Group 1 shall be included

3.

for repeat examinations

30 euros. "

14. In § 23 (2):

" (2) For an official medical opinion on the basis of special medical or transport psychological opinions, medical examinations on the basis of a freezing or a withdrawal of the steering authority, the person to be examined shall be entitled to The following amounts are to be paid to the office of the official to the Authority:

1.

for the official medical opinion .......................................................... 47, 20 Euro

2.

with observation trip additionally .................................................. 18 Euro.

75vH of the remuneration after Z 1 is due to the local authority, which has to bear the expenses for the authority with which the official doctor is active, the remaining 25vH fees to the official. The remuneration after Z 2 is due to the experts who carry out the observation journey. If the person to be examined has been assigned by an expert doctor to the official doctor in accordance with Section 22 (4), EUR 17 shall be deducted from the amount referred to in Z 1. "

15. In § 23, paragraph 4, the quote shall be "§ 34 para. 1 Z 2" replaced by the citation "§ 34 (1)".

16. In Section 24 (3), the quote shall be "§ 8 (5)" replaced by the citation "§ 8 (4)".

17. In § 25, the following paragraph 5 is added:

" (5) § 1 and § 4 in the version BGBl. II No 280/2011 are due to take place on 19 May 2011 Jänner 2013 in force. § 2 para. 1, § 3 para. 2, § 7, § 8, § 11, § 12 para. 3, § 12a, § 22 para. 4 and 6, § 23 para. 1 and 2, § 24 para. 3, and pages 1 and 2 of the annex in the version BGBl. II No 280/2011 occur on 1 January 2007. October 2011, in force. "

18. Pages 1 and 2 of the Annex are: (see annexes)

Bures