Amendment Of The Federal Highway Act Of 1971

Original Language Title: Änderung des Bundesstraßengesetzes 1971

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
62. Federal Act 1971 modifies the Federal Highway Act

The National Council has decided:

The Federal Highway Act of 1971 (BStG 1971), BGBl. No. 286, last amended by Federal Law Gazette I no. 24/2010, is amended as follows:

1. in the table of contents will be after the line "section 4a change of the ruling before transport release" the rows "§ 5 security management", "§ 5a road traffic safety expert", "§ 5 b road traffic safety experts from other EU - Member States", "§ 5 c training facilities and courses" and inserted "§ 5 d Regulation appropriations".

2. in the table of contents in the line "V. cost" the phrase "and charges" is added.

3. in the table of contents will be after the line "article 31 expenses borne" included the line "§ 31a fees".

4. in the table of contents will be after the line "§ 36 linguistic equal treatment" the row "section 37 implementation of Union law" inserted.

5. According to Section 4a, following sections 5 to 5 d together with headings shall be inserted:

"Safety management

§ 5 (1) to increase the safety on the highways that are part of the trans-European road network, the following tools are provided:



1. impact assessment of road safety;

2. Straßenverkehrssicherheitsaudit;

3. road traffic safety analysis of the existing road network and publication of road sections with a high accident rate;

4. road traffic safety inspection;

5. accident data collection and accident cost accounting;

6 appointment and training of experts.

"Trans-European road network" means that in annex I section 2 of the decision No 1692/96/EC on Community guidelines for the trans-European transport network, in its current version, described roads.

(2) the instruments referred to in paragraph 1 do not apply to tunnels that are subject to the purview of road tunnel safety law (STSG), Federal Law Gazette I no. 54/2006, in its up-to-date version.

(3) the impact assessment of road safety in accordance with paragraph 1 No. 1 is a strategically oriented, comparative analysis of the impact of a new federal highway or major changes to existing federal roads safety in the road network. The impact assessment has the Federal Government (Federal Highway Administration)



1. for the construction of roads or their sections with a continuous length of at least 2 km before submission for approval in accordance with § 4 para 1, making 2 for the conveyance of road parts according to § 4 paragraph 3 at the level of the final project in a simplified form. The relevant documents are the Federal Minister of transport at the latest with the final project to determine the course of the road pursuant to § 4 paragraph 1 or to the abandonment of road parts according to § 4 para 3, to present innovation and technology.

(4) the Straßenverkehrssicherheitsaudit pursuant to par. 1 No. 2 is an independent, in-depth, systematic and technical check of the design characteristics of a road under the security aspect and refers to the final project, the construction project and the completed construction of federal highway construction projects according to article 4, paragraph 1. The Federal (Federal Highway Administration) ordered an independent for the implementation of the road safety audits, in accordance with § 5a or 5b certified road safety experts. Appointed a team to carry out the audits, an independent, must at least the head of the team be in accordance with § 5a or 5b of certified road safety experts.

(5) the Federal Government (Federal Highway Administration), a network-wide, piecewise road safety analysis of the entire operation of the road network, as far as it is part of the trans-European road network, carries out at least every three years. The road traffic safety analysis consists of



1 a classification of safety examined road network, taking into account the potential for the reduction of accident costs, and 2. a priority ranking of road sections where an improvement of the infrastructure has the greatest potential for reducing accident costs, taking into account safety factors such as accidents, traffic volume and type of traffic.

The Federal (Federal Highway Administration) is accident-prevention measures on those road sections which have the greatest potential for reducing accident costs in accordance with the road traffic safety analysis, primarily taking into account the cost-benefit of the measures after carrying out a local inspection. For the implementation of the aforementioned local inspection is a team of experts to order, in which at least one in accordance with § 5a or 5b of certified road safety experts must be represented. Federal (Federal Highway Administration) publishes on its Internet site a list of road sections with high accident rate.

(6) the rhinestone safety checks referred to in paragraph 1 Z 4 are periodic checks of operating federal highways including any construction sites to the identification of safety deficiencies and risk potentials, which require measures for their recovery. The Federal (Federal Highway Administration) has annually carry out simple rhinestone traffic safety and at least every 10 years in-depth rhinestone road safety checks. In the case of new construction of federal roads are in-depth rhinestone road safety checks for the first time period of three years from roadway carry. The Federal Government (Federal Highway Administration) ordered an independent for the implementation of the enhanced road safety review, in accordance with § 5a or 5b certified road safety experts. A team for the implementation of the enhanced road safety review is ordered, at least the head of the team must be an independent, be in accordance with § 5a or 5b of certified road safety experts.

(7) the organs of the Federal Police have on every road accidents on federal roads in the sense of paragraph 1, where one person was killed, to prepare an accident report. A person is deemed to have been killed in the meaning of that provision, if it either at the scene or 30 days, counting from the accident, the accident dies on. The accident report has to contain at least the following information in an anonymous form:



1. specifications for the accident, in particular local and temporal mapping, street art, road conditions, light and weather conditions, road surface, accident circumstances, 2. specifications to those involved in the accident vehicles, such as the particular type of vehicle, national or international car indicator table for cars and two-lane car also year of first registration and motor performance, 3. information to those involved in the accident people in particular age, gender, type of involvement to the transport, degree of injury, Alcoholization, nationality and used safety devices , as well as 4. an accident sketch, which at least street numbers or names, direction and name of those involved in the accident, a fixation of the collision site, includes the removal of the collision point to the mileage or a distinctive point and a North arrow.

The organs of the Federal Police have the accident reports continuously of the Bundesanstalt "Statistics Austria" (Federal Agency) to submit. The Federal Agency has to create an electronic inventory of accident data on the basis of these accident reports, to store and to provide the Federal Ministry for transport, innovation and technology and the Federal Ministry of the Interior upon request.

(8) the Federal Minister for transport, innovation and technology has to calculate the average costs, which are caused by that in a road traffic accident on a main road in the sense of paragraph 1 a person is killed or seriously injured. The rates are to publish for the first time in the year 2012 and thereafter at least every five years to update.

(9) through the paragraphs 1 to 8, no subjective public rights be justified.

Road traffic safety expert

§ 5a. (1) the Federal Minister for transport, innovation and technology has on application to be certified professionally qualified persons as road traffic safety experts.

(2) a person is professionally qualified in the sense of paragraph 1, if they



1 has several years of relevant training and practical experience in the areas of road design, of safety engineering in road transport, as well as the accident analysis and 2. the course for road traffic safety experts in accordance with § 5 c par. 3 successfully completed.

(3) the application for certification shall be made in writing. The application must be connected:



1 proof of training and practical experience in accordance with paragraph 2 Z 1 and about the successful completion of the course for road traffic safety experts, as well as 2 an opinion of an educational establishment in accordance with § 5 c par. 1 of the existence of the certification requirements.


(4) if the conditions for certification are available, the Federal Minister for transport, innovation and technology has to exhibit a certificate to the applicant. The validity of the certificate is to be on a period of five years. The conditions are not available, is the certification of decision to deny.

(5) a certified road safety expert has himself adequately, at least to the extent of 20 training units to training within a period of five years, with at least 45 minutes to be a training unit.

(6) on request has the Federal Minister of transport, innovation and technology will extend the validity of the certificate to each other five years. The extension requires that the applicant within the past five years



1. the prescribed training has completed and 2 has carried out at least two audits or recessed rhinestone safety checks in a technically correct way.

(7) the application for extension must be made in writing and can be placed at the earliest one year and not later than three months before the expiry of the validity of the certificate. The validity of the certificate will be preserved until the decision on the request for timely. The application for renewal must be connected:



1. evidence about the completed training and carried out audits or deepened rhinestone safety checks, as well as 2 an opinion of an educational establishment in accordance with § 5 c 1 para on the existence of the conditions for the extension.

(8) if the conditions for the extension of the validity of the certificate, the Minister for transport has to exhibit a new certificate to innovation and technology. The conditions are not available, is the extension of the validity of the certificate by decision to fail. An extension is not attained, so a new request in accordance with paragraph 3 is possible at the earliest two years after the expiry of the validity of the certificate; the course in accordance with § 5c par. 3 must be repeated in this case.

(9) if at the time of the submission of the no contract pursuant to § 5 c par. 1, eliminates the obligation of the applicant to submit of an opinion of an educational institution.

(10) the Federal Minister for transport, innovation and technology has to revoke the validity of the certificate by a decision if the conditions for the grant or extension no longer exist or have not passed or if the certified road traffic safety experts in the course of its activities has committed a gross breach of duty.

(11) the Federal Minister for transport, innovation and technology has to enter the certified road traffic safety experts in a list, which is innovation and technology to publish on the Internet page of the Federal Ministry of transport.

Road safety experts from other EU Member States

§ 5 b. (1) the Federal Minister for transport, innovation and technology has nationals of a Member State of the European Union (EU), the



1 have permission to erect, to pursue in another Member State of the EU of the activities of Straßenverkehrssicherheitsgutachters, and 2. prove that the training completed by them in content and scope para 3 is the course in accordance with § 5 c equivalent, on request as road traffic safety experts to certify. Proof in accordance with no. 2 not be provided, is of course in accordance with § 5 c par. 3 instead to complete.

(2) the application for certification shall be made in writing and in German language. The application must be connected:



1. proof of nationality, 2. a certificate of the upright permission in accordance with para 1 Z 1, Z 2 3. evidence about the completed training referred to in paragraph 1 or via the successfully completed 5 c par. 3 and 4 course in accordance with § an opinion of an educational establishment in accordance with § 5 c par. 1 of the existence of the certification requirements.

They are called Z 1 to 4 certificates and documents, unless they are drafted in the German language, to present certified translation.

(3) if the conditions for certification are available, the Federal Minister for transport, innovation and technology has to exhibit a certificate to the applicant. The validity of the certificate is to be on a period of five years. The conditions are not available, is the certification of decision to deny.

(4) at the request has the Federal Minister for transport, innovation and technology will extend the validity of the certificate to each other five years. The extension requires that the applicant still has Z 1 upright permission referred to in paragraph 1.

(5) the request for renewal has to be made in writing and in English and can be placed at the earliest one year and not later than three months before the expiry of the validity of the certificate. The validity of the certificate will be preserved until the decision on the request for timely. A certificate of the upright permission in accordance with para 1 is the application to join No. 1. This certificate is, if it is not drawn up in the German language to present certified translation.

(6) if the requirements for the extension of the validity of the certificate, the Minister for transport has to exhibit a new certificate to innovation and technology. The conditions are not available, is the extension of the validity of the certificate by decision to fail.

(7) § 5a para 9-11 shall apply.

Training institutions and courses

§ 5c. (1) the Federal Minister for transport, innovation and technology is authorized, with one or several suitable Ausbildungseinrichtung(en) a free, to complete fixed-term contract for a period of five years each in which in particular is agreed upon, that the educational institution



1 to set up training courses in accordance with paragraph 3 and carry has, personnel separation of speakers and the examiners to make sure is, 2. making training for road traffic safety expert has, 3. has to provide advice about whether a) the certification requirements are given, b) are the requirements for the extension of the validity of the certificate, 4 is entitled to demand a reasonable fee by the course participants for the implementation of training courses and training, as well as for the preparation of reports.

(2) training courses for road traffic safety experts in accordance with paragraph 3 can perform by training institutions, with which no contract referred to in paragraph 1 has been concluded, provided they meet the requirements of paragraph 4. If the graduates of such courses to certification seeking has the opinion of the education body referred to in paragraph 1 in particular to position to take, whether the establishment of training and of course comply with the legal requirements laid down by regulation.

(3) in a course for road traffic safety expert, you are to impart specific knowledge and skills required for the activity of a Straßenverkehrssicherheitsgutachters. The course shall include following training priorities, assuming knowledge of relevant technical guidelines and the legal bases:



1. road planning, 2. accident analysis, 3. human behaviour in road traffic, 4th Street equipment, 5. audit report and 6 practical Auditbeispiel.

The course has to comprise at least 40 training sessions, where a training unit has to be at least 45 minutes. The training contents are to cover only relevant recognized subject matter experts.

(4) a place is suitable as a training facility in accordance with paragraph 1 or paragraph 2, if they



1 qualified teaching staff does, 2 offers courses in accordance with paragraph 3, and 3. the training has required equipment and supplies.

(5) the Federal Minister for transport, innovation and technology has to enter the training bodies referred to in paragraph 1 in a list, which is innovation and technology to publish on the Internet page of the Federal Ministry of transport.

Regulation appropriations

§ 5 d. The Federal Minister for transport, innovation and technology has more provisions to adopt by regulation



"1 expiration and relevant elements and aspects of assessment with regard to road safety, 2. expiration and relevant criteria of the audits, 3. expiration and crucial aspects of road traffic safety analysis of the existing road network and type of publication of road sections with a high accident frequency, 4. expiration and crucial aspects of the rhinestone safety checks, 5. the required professional qualification of the road traffic safety experts and 6 content and extent of the training courses for road traffic safety experts in accordance with article 5a, paragraph 5 and article 5 c par. 3."

6. in article 10 paragraph 3 by the following paras 3 and 4 is replaced by:


"(3) the Federal Burgenland according to the progress of the construction is on the land to the State border at Rattersdorf a grant in the amount of EUR 37 million for the construction of a road from Steinberg-Dörfl (S 31, B-50).

(4) the Federal makes the road to the Heidjöchl, height Johann-Kutschera-Gasse to the province of Vienna, according to the progress of the construction until the beginning of the Einschließlichstrecke of the S 1 in the area. a grant in the amount of EUR 231,6 million for the construction of a road from Hirschstetten (A-23)"

7. in the heading of the section is attached to the word "Cost" the phrase "and fees".

8. According to article 31, the following article 31a and heading is inserted:

"Fees

§ 31a. The Federal Minister for transport, innovation and technology can be in agreement with the Federal Minister of finance by regulation



1 for in its field of competence at the request of the Federal Government (Federal Highway Administration) carried out administrative procedures, and 2. for administrative procedures according to sections 5a and 5b chargeable offences and the level of charges set. In determining the amount of the fees is under application of the idea of equivalence. the cost recovery principle to keep in mind"

9 the following paragraph 8 is added to article the 34:

"(8) the table of contents and the articles 5, 5a, 5B, 5c, 5 d, 10 par. 3 and 4, 31a, 35 and 37, as well as the folders 1 and 2 in the version of Federal Law Gazette I no. 62/2011 with the day following the proclamation into force." The following applies for the transition to the new legal situation:



1. Article 5, paragraph 1 Z 1 and 3 as amended by Federal Law Gazette I is no. 62/2011 that in the 1 and 2 in the version of Federal Law Gazette I no. 24 / 2010 described streets not to apply.

2. § 5 ABS. undertaking not to apply 4 is in the version of Federal Law Gazette I no. 62/2011 1 Z 2 and para, an approval procedure under this federal law, or according to the EIA-G 2000 is pending for at the time of entry into force of this amendment.

3. in the period until 19 December 2013 activities that are reserved for b under this Federal Act of certified Straßenverkehrssicherheitsgutachtern in accordance with § 5a and section 5, must perform by people, who meet at least the requirements of section 5a paragraph 2 No. 1 with regard to the professional qualifications.

4. the requirement of section 5a paragraph 2 No. 2 applies to persons met, who have successfully completed a specific training to the road traffic safety experts before entry into force of this amendment, which is similar in content and scope of the course in accordance with § 5 c par. 3. If these persons to certification seeking has paragraph 1 in particular to position to take, whether the completed training in content and scope of the course in accordance with § 5 c paragraph 3 is similar. the opinion of the education institution in accordance with § 5c"

10. in paragraph 35, the expression is "§ 1 para 2 third sentence and article 4 para 3, 2nd movement" by the expression "section 1 para 2 third sentence of § 4 para 3 second sentence, as well as the § 31a" replaced.

11. after section 36 the following § 37 including heading is added:

"Implementation of Union law

section 37. The provisions of sections 5 to 5 d Directive 2008/96/EC is on safety management of road infrastructure, OJ November 29, 2008 No. 319 implemented p. 59,."

12. in the directory 1 bundesstraßen (Federal Highways) A is the description of the route of the A7 Mühlkreis motorway:

"Linz/Hummelhof (A 26) - Unterweitersdorf (S 10) node node (a-1) - Linz"

13. in the directory 1 bundesstraßen (Federal Highways) A is the description of the line of A 23 motorway Südosttangente, Vienna:

"- Knot Inzersdorf (A-2) - knot Prater (A-4) - node Kaisermühlen (A 22) - Hirschstetten (S 2) Vienna/Altmannsdorf (B 224)"

14. in the directory, the road train eliminates 1 bundesstraßen (Federal Highways) A A-24 motorway connection clip Rothneusiedl.

15. in the directory, 1 bundesstraßen (Federal Highways) A is the description of the line of A 26 Linz motorway:

"Node Linz/Hummelhof (A 7) - Linz/Urfahr (B 127)"

16. in the directory 2 bundesstraßen (Federal Highway) S the description of the S line is 1 Vienna outer ring Expressway:

"Junction at Vösendorf (A 2, A-21) - Vienna/sweet Brunn (S 2) - node node Rustenfeld (Einschließlichstrecke) - node Schwechat (A4) - node in Raasdorf (Einschließlichstrecke) - node in Raasdorf (S 8) - Eibesbrunn (A-5) - node Korneuburg/West (A-22), including node Rustenfeld - Leopoldsdorf (B-16), as well as including all nodes in Raasdorf - Vienna/Donaustadt (on the Heidjöchl, Johann-Kutschera-Gasse height)"

17. in the directory 2 bundesstraßen (Federal Highway) S the description of line of S 31 is Burgenland Highway:

"Iron city/East (B 50) - node Eisenstadt (A-3) - node Mattersburg (S 4) - Steinberg-Dörfl (B-50)"

Fischer

Faymann