280. Regulation of the Federal Minister for transport, innovation and technology the driving licence health law modifies the (5th amendment to the FSG-GV)
On the basis of §§ 8 and 34 of the driver's license law, Federal Law Gazette I idF No. 120/1997 Federal Law Gazette I no. 93/2009 is in agreement with the Federal Minister of health prescribed:
The driver's license law health regulation, Federal Law Gazette II No. 322/1997 in the version BGBl. II No 64/2006 is as follows altered:
1. in article 1, the sales designation (1) is eliminated and is no. 6:
"6 repeat examination: basis for the medical opinions of owners of driving privilege of classes referred to in Article 17a, paragraph 2 to be submitted C(C1), CE(C1E), D(de) and D1(D1E)."
2. § 1 Z 8 and 9 are:
"8. Group 1: motor vehicles of classes, A (A1, A2), B, BE, and F, 9 Group 2: motor vehicles of classes C(C1), CE(C1E), D(D1) and DE(D1E)." "
3. § 2 para 1 second sentence reads:
"Medical checkups as prescribed in sections 5 to 16 cases, so this may be has never alone, but only in conjunction with a fixed term of steering the permission and an occupational check-up at the end of this term."
4. section 3 para 2 No. 4 is:
"4. a Visual acuity control without visual appeal as well as a rough check of the Visual field; If the specified minimum prescience, in addition a vision control with visual appeal. Eyeglasses straps of Group 2 is the strength of glasses to determine; If the required investigation remedies not available to the expert doctor, one is to teach glasses lenses determine of an eye optometrist or an eye specialist findings; the determination of glasses lenses or eye specialist findings may not be older than six months; at the time of the investigation"
5. paragraph 4:
"(1) the suitability of a person to the steering of motor vehicles requires a height of at least 155 cm and for vehicles of classes 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 indicated in paragraph 1, shall apply among to § 8 section 3 Z can be 2 or 3 FSG suitable stated requirements as to the driving of motor vehicles, if this lack by the use of remedies, vehicles with certain characteristics or compensation vehicle balanced."
6 paragraph 7:
"7. (1) all applicants for a driving permission must undergo an examination to determine that she is a safe one for the Steering sufficient vehicles visus (para. 2 Z 1) have." This investigation has also a rough review of the Visual field (para. 2 No. 2) to include. In cases of doubt, the candidate of a specialist in ophthalmology and optometry is to investigate. Criteria 3 and 4, as well as other disorders of Visual function, which can make a safe driving in question, as well as the existence of progressive eye diseases are Z in para 2 to examine individually in this investigation. In cases of doubt, or when the suspected existence of progressive eye diseases of the applicant by a specialist in ophthalmology and optometry is to investigate.
(2) that exists in the article 6 par. 1 Z 6 indicated poor eyesight if not reached
1. a Visual acuity with or without a correction) for the steering of motor vehicles of Group 1 tive watch by at least 0.5 b) for the steering of motor vehicles of Group 2 by at least 0.8 in one eye and by at least 0.1 on the other;
2. a beidäugiges a field) for the steering of motor vehicles of the Group 1 with external borders horizontally at least 120 degrees of right and left at least 50 degrees and above and below at least 20 degrees and without failure in the central area of 20 degrees in diameter;
(b) for the steering of motor vehicles of Group 2 with external borders of horizontally at least 160 degrees of right and left at least 70 degrees and above and below at least 30 degrees and no failure in the central area of 30 degrees in diameter;
3. the freedom of diplopia, if necessary, by covering an eye or optical AIDS;
4. a sufficient acuity, undisturbed glare and contrast sensitivity."
7 paragraph 8:
"Section 8 (1) is of subpara 1 lit in section 7, paragraph 2. a required visual acuity of bars of motor vehicles of Group 1 only with correction achieves, is to prescribe using a corresponding Visual relief when driving a motor vehicle. Hole glasses (Sten European glasses) are not allowed and cylindrical glasses may be not circular.
(2) he is in section 7 para 2 subpara 1 lit. b required visual acuity of bars of motor vehicles of the Group 2 only with correction achieves, suitability for the driving of motor vehicles shall be deemed given if there are no concerns on the basis of previous use of Visual AIDS and
1. the glasses strength cylindrical is not more than + 8 or -8 dioptres spherical equivalent and ± 2 diopters and the correction difference is not more than 2 dioptres spherical equivalent between the two eyes or 2. an appropriate specialist opinion exists that is confirmed the vision necessary for the steering of motor vehicles or 3. the required visual acuity using contact lenses.
Hole glasses (Sten European glasses) are not allowed and cylindrical glasses may be not circular.
(3) if the requirements in the field of vision is not met, a driving permission of from Group 1 in exceptional cases due to a favourable medical opinion for a period not exceeding five years may be granted or leave. If necessary, must be determined by a review of force driving specific performance or a drive, whether poor eyesight can be sufficiently compensated. The examination and consultation results in a field of vision of an eye that the section 7 para 2 No. 2 lit. a listed area defects has, so to apply the provisions of paragraph 4 on the lack of an eye and the functional one-eyed (in addition to the five-year time limit of the driving permission). Results the examination and consultation in non-overlapping defects of the face fields of both eyes in which section 7 para 2 No. 2 lit. a specified range, shall (in addition to the five-year time limit of the driving permission) the conditions specified in paragraph 4 with the exception of the provisions on the field (section 7 para 2 subpara 2) for both eyes. The fields of both eyes have overlapping defects, driving authorization may not be issued or leave. Group 2 driving permission may be granted in any case a field constraint or leave.
(4) missing an eye or a functional monocular is given, so a driving permission may be granted or leave, if is confirmed by a specialist opinion, that in the normal-looking eye not in § 7 par. 2 Nos. 2, 3 and 4 to poor eyesight and the section 7 para 2 Z 1 called Visual acuity with correction or no is present in. Steering permission for Group 2 may be only granted or leave it in section 7 para 2 subpara 1 lit. b called Visual acuity in both eyes is achieved. Any signs of incipient disease of the sighted eye must be assessed accordingly in what period of time, a medical examination is required; the suitability can be accepted only for this period. In fixing the period, care is also on the cause and timing of loss or the blindness of an eye to take. If necessary, must be determined by a drive or a review of force driving specific performance, whether the loss of an eye can be adequately compensated. For a period of six months after the occurrence of the one-eyed no steering right must anyway be granted or leave. Steering of motor vehicles without windshields or windscreens, the upper rim of which is not higher than the eyes of the arm, is to use eye protection.
(5) in the case of the Doppeltsehens, the suitability for the steering of motor vehicles of the Group 1 is given by a favourable medical opinion under the condition of using a corresponding optical device such as black glass, frosted glass, etc., which switches off the sight of one eye. Steering permission for Group 1 shall be issued for a period not exceeding five years and also the provisions of paragraph 4 on the lack of an eye and the functional must apply in this case. Group 2 driving authorization may not be issued or leave.
(6) persons with a progressive eye disease steering permission can be temporarily and granted under the condition of medical check-ups or leave. The Edition can be lifted once the illness or disability has stabilized.
(7) the examination and consultation is a suspicion of other eye diseases, which would restrict the safe driving of a motor vehicle, a temporary driving authorization can be granted in exceptional cases on the basis of a successful drive.
(8) in the presence of nystagmus (nystagmus), a specialist opinion to teach, which confirms their suitability for the steering of motor vehicles of the Group 1 is also in providing the required visual acuity. Group 2 driving authorization may not be issued or leave."
8 paragraph 11:
"Section 11 (1) diabetic may a driving permission be granted only after a favourable medical opinion or leave, including that the diabetic understands the risks associated with hypoglycemia and adequately controlled his condition stating,."
(2) diabetic, which must be treated with insulin or certain tablets, a driving permission of Group 1 only for a period of not more than five years on the condition of medical check-ups and amtsärztlicher follow-ups may be granted or leave.
(3) diabetic, which must be treated with insulin or certain tablets, a driving permission of Group 2 only for a period not exceeding three years under the condition of medical check-ups and amtsärztlicher follow-up and in compliance with following conditions may be granted or leave:
1. the handlebar makes a statement, that in the last 12 months no hypoglycemia occurred, which will require a help by someone else (severe hypoglycemia);
2. There is no hypoglycemia perception disorder;
3. the handlebar can prove adequate surveillance of the disease through regular blood sugar tests, performed at least twice a day, as well as at those times, to which the person usually directs vehicles;
4. the handlebar shows that he understands the risks associated with hypoglycemia;
5. no other complications of diabetes exist, which exclude driving of vehicles.
(4) diabetic, where 12 months two times a hypoglycemia has occurred which requires a help by someone else (repeated severe hypoglycemia), as well as diabetics who suffer on perception disorder hypoglycemia, a driving permission may not be granted or leave. This does not apply, if prevention is achieved through appropriate measures, training, conversion therapy and blood sugar checks of hypoglycemia."
9 paragraph 3 is § 12.
10. after article 12, 12a the following paragraph with heading shall be inserted:
section 12a. (1) persons who suffer from epilepsy or other seizure-like consciousness or-trübungen, a driving permission only, including a favourable medical opinion and during the first five years after an attack only on the condition of medical check-ups and only for a maximum of five years can be granted or leave. The specialist has the epilepsy or other disturbances of consciousness, to assess their clinical form and development, the previous treatment and the seizure freedom and seizure risk. At bars of in Group 2 a suitable medical treatment must be made in any case, the investigation may have shown no cerebral pathology and the electroencephalogram (EEG) may show no epileptiform activity. During the attack-free periods prescribed in paragraph 2 and 3, no pharmacological treatment of epilepsy may be made at bars of in Group 2.
(2) people, who have suffered a first stroke, driving permission of Group 1 after a seizure-free period of six months, a steering permission of Group 2 after a seizure-free period of five years can be granted or leave. This period can be omitted, if the attack on an identifiable and preventable cause is due to their occurring at the wheel is unlikely (unprovoked attack). The period in some cases due to a favourable medical opinion may be reduced when not provoked seizures.
(3) persons who suffer (more changes than a not unprovoked attack or a not unprovoked seizure and EEG epilepsy-typical and/or MRI detectable causative structural lesions) or more as a seizure (provoked or provoked mixed and not provoked) suffered a steering permission of Group 1 after a seizure-free period of one year, a steering permission of Group 2 after a seizure-free period of ten years can be granted or leave an epilepsy. The period in some cases due to a favourable medical opinion may be reduced at bars of in Group 2.
(4) people, who have suffered only seizures without impairment of consciousness or the ability to act or bed-bound seizures may granted a Steering Group 1 or leave when this disease pattern over a period of one year from the first attack was observed, except that it is possible to grant or leaving a driving permission for Group 1 according to paragraph 2 at a former time. The provisions referred to in paragraph 2 and 3 shall apply for drivers of Group 2 at seizures without impairment of consciousness or the ability to act or bed-bound seizures for Group 2.
(5) persons who have suffered a seizure with change or termination of antiepileptic therapy, a driving permission of from Group 1 for recovery of previously effective treatment after a renewed attack-free period from three months can be granted or leave. A driving permission for Group 2 may be granted in such cases not or leave (para 1 last sentence).
(6) persons, still no attacks are encountered but suffering from health problems (about arteriovenous malformations or intracerebral hemorrhage), which go hand in hand with an increased risk of attack, a driving permission of Group 2 only on the basis of a favourable medical opinion can be granted or leave."
11 § 22 para 4 second sentence reads:
"Except subject are positive screening according to § 18 paragraph 4."
12 § 22 para 6 second sentence deleted.
13. in article 23, paragraph 1, the Z 1-3 are:
"1 by an applicant to a driving permission of Group 1... 35 euros, 2. by an applicant to a driving permission of Group 2...... 3. for repeat examinations is 30 euros. 50 euros, the study for the Group 1 included in this amount"
14. in article 23, paragraph 2 reads:
"(2) for a medical report on the basis of special medical or traffic psychological opinions, medical follow-ups on the basis of a fixed term or a deprivation of the driving privilege shall be paid the amounts to under consideration prior to assignment to the medical officer of the authority:"
1. for the be opinions... 47.20 euros 2. with drive also... 18 euros.
75vH of the remuneration after no. 1 goes to the authority that has to bear the burden for the authority, where the medical officer is working, the remaining 25vH fees the medical officer. The remuneration to the experts who perform the drive after no. 2. The person to be examined in accordance with section 22 (4) by a knowledgeable physician assigned to the medical officer, 17 euros are from the amount referred to in subpara 1 to withdraw."
15. in article 23, paragraph 4, the quote is "article 34, paragraph 1 Z 2" replaced by the quote "section 34 paragraph 1".
16. in article 24, paragraph 3, the quote "section 8 para 5" is replaced by the quote "section 8 paragraph 4".
17. in article 25, the following paragraph 5 is attached:
"No. 280/2011 II (5) paragraph 1 and paragraph 4 as amended by Federal Law Gazette into force on January 19, 2013. "Article 2, paragraph 1, § 3 para 2, § 7, § 8, article 11, article 12 par. 3, Article 12a, article 22 para 4 and 6, § 23 para 1 and 2, article 24, para. 3 and pages 1 and 2 of the annex as amended by Federal Law Gazette II No. 280/2011 into force on October 1, 2011."
18. pages 1 and 2 of the annex are:(siehe Anlagen)