Amendment Of The Federal Highway Act Of 1971

Original Language Title: Änderung des Bundesstraßengesetzes 1971

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62. Federal Act, which amends the Federal Road Act 1971

The National Council has decided:

The Bundesstraßengesetz 1971 (BStG 1971), BGBl. No 286, as last amended by the Federal Law BGBl. I n ° 24/2010, is amended as follows:

1. In the table of contents, after the line "§ 4a Change of decision before traffic release" the rows "§ 5 Security Management", "§ 5a Road safety verifier", "§ 5b Road safety verifier from other EU Member States", "§ 5c Training facilities and training courses" and "§ 5d Regulation appropriations" inserted.

2. In the table of contents, the line " V. Cost " the phrase "and fees" .

3. In the table of contents, after the line "§ 31 Cost support" the line "§ 31a Fees" inserted.

4. In the table of contents, after the line "§ 36 Language Equality" the line "§ 37 Implementation of Union law" inserted.

5. According to § 4a the following § § 5 to 5d together with the headings are inserted:

" Security Management

§ 5. (1) In order to increase safety on the federal roads, which are part of the trans-European road network, the following instruments shall be provided:

1.

Impact assessment on road safety;

2.

road safety audit;

3.

Road safety analysis of the road network in operation and publication of road sections with a high frequency of accidents;

4.

road safety inspection;

5.

accident data collection and accident cost calculation;

6.

Ordering and training of reviewers.

The term "trans-European road network" refers to the one described in Section 2 of Annex I to Decision No 1692/96/EC on Community guidelines for the development of the trans-European transport network, as amended. Road network.

(2) The instruments referred to in paragraph 1 shall not apply to tunnels which are covered by the scope of the Road Tunnel Security Act (STSG), BGBl. I No 54/2006, as amended.

(3) The impact assessment on road safety referred to in paragraph 1 (1) is a strategic, comparative analysis of the impact of a new road or major changes to existing federal roads to the Safety in the road network. The federal government (Bundesstraßenverwaltung) has the impact assessment

1.

for the new construction of federal roads or their subsections with a continuous length of at least 2 km prior to submission for approval pursuant to § 4 (1),

2.

for the release of road parts pursuant to § 4 (3) at the level of the submissions project in a simplified form

, The relevant documents shall be submitted at the latest with the submission project for the determination of the course of the road in accordance with § 4 (1) and To be presented to the Federal Minister of Transport, Innovation and Technology for the release of road parts in accordance with Section 4 (3).

(4) The road safety audit referred to in paragraph 1 (2) is an independent, in-depth, systematic and technical examination of the design characteristics of a road under the safety aspect and relates to the subproject, the construction project and the completed construction of federal road construction projects in accordance with § 4 (1). The Federal Government (Bundesstraßenverwaltung) shall appoint an independent road safety verifier, certified in accordance with § 5a or § 5b, for the implementation of the road safety audit. If a team is appointed for the implementation of the road safety audit, at least the head of the team must be an independent road safety verifier, certified in accordance with § 5a or § 5b.

(5) The Federal Government (Bundesstraßenverwaltung) shall carry out a network-wide, section-by-section road safety analysis of the entire road network in operation, insofar as it is part of the trans-European road network, at least every three years. Road safety analysis shall consist of:

1.

a classification of the safety of the road network under consideration, taking into account the potential for the reduction of accident costs and

2.

a prioritisation of those road sections where improvement of infrastructure has the greatest potential for reducing accident costs, taking into account safety-related factors such as accident events, traffic volume and Traffic type.

The Federal Government of the Federal Republic of Germany (Bundesstraßenverwaltung) implements accident prevention measures on those road sections which, according to road safety analysis, have the greatest potential for reducing the cost of accidents, following the implementation of a local eyewear. as a priority, taking into account the cost-benefit ratio of the measures. A team of experts must be ordered for the implementation of the previously mentioned local eye certificate, in which at least one road safety verifier, certified according to § 5a or § 5b, must be represented. The federal government (federal road administration) publishes annually on its website a list of road sections with high accident frequency.

(6) The road safety inspections referred to in paragraph 1 (1) (4) shall be periodic inspections of the federal roads in service, including any construction sites to identify safety deficits and potential hazards, requiring action to remedy the situation. The federal government (federal road administration) has to carry out simple road safety inspections every year and at least every ten years in-depth road safety inspections. In the case of the new construction of federal roads, in-depth road safety inspections are to be carried out for the first time within three years from the release of the traffic. For the implementation of the in-depth road safety review, the Federal Government (Bundesstraßenverwaltung) shall appoint an independent road safety verifier, certified in accordance with § 5a or § 5b. If a team is appointed for the implementation of the in-depth road safety inspection, at least the head of the team must be an independent road safety verifier, certified in accordance with § 5a or § 5b.

(7) The institutions of the Federal Police shall draw up an accident report on any road traffic accident on federal roads as defined in paragraph 1, in which a person has been killed. A person shall be deemed to have been killed in the sense of this provision if it dies either at the scene of the accident or within 30 days from the event of the accident, in the event of an accident. The accident report shall contain at least the following information in an anonymized form:

1.

information on the accident, such as, in particular, local and time allocation, road type, road condition, light and weather conditions, road surface, accident circumstances,

2.

Information on accident-related vehicles, such as vehicle type, national and/or national vehicles, international motor vehicle license plate, for passenger cars and single-track motor vehicles also year of first registration and engine power,

3.

information on persons involved in accidents, such as, in particular, age, sex, type of participation in transport, degree of injury, alcoholisation, nationality and safety equipment used; and

4.

an accident sketches, the at least road numbers or names, the direction of travel and the name of those involved in the accident, a fixing of the collision point, the distance of the collision point to the kilometre stone or to a striking point as well as a north arrow.

The organs of the Federal Police have to submit the accident reports to the Bundesanstalt "Statistik Österreich" (Bundesanstalt) on an ongoing basis. On the basis of these accident reports, the Federal Institute has to compile an electronic accident data collection, to store it and, on request, to make available to the Federal Ministry of Transport, Innovation and Technology as well as the Federal Ministry of the Interior ,

(8) The Federal Minister for Transport, Innovation and Technology has to calculate the average costs caused by the fact that in the event of a road accident on a federal road within the meaning of paragraph 1, one person is killed, or is seriously injured. The cost rates shall be published for the first time in 2012 and shall thereafter be updated at least every five years.

(9) The provisions of paragraphs 1 to 8 do not constitute grounds for subjective public rights.

Road safety verifiers

§ 5a. (1) The Federal Minister for Transport, Innovation and Technology has to certify qualified persons as road safety verifiers at the request of qualified persons.

(2) A person is technically qualified within the meaning of paragraph 1 if it is

1.

have several years of relevant training and practical experience in the fields of road planning, road safety and accident analysis, and

2.

has successfully completed the course for road safety verifiers in accordance with Section 5c (3).

(3) The request for certification shall be made in writing. The application shall be connected to:

1.

Evidence of the training and practical experience referred to in paragraph 2 (2) (1) and on the successful completion of the training course for road safety verifiers, as well as

2.

an expert opinion of a training institution pursuant to Section 5c (1) on the existence of the certification requirements.

(4) If the conditions for certification are fulfilled, the Federal Minister of Transport, Innovation and Technology shall issue a certificate to the applicant. The validity of the certificate shall be limited to a period of five years. If the conditions are not met, the certification must be refused.

(5) A certified road safety verifier shall be able to train at least 20 training units within a period of five years, with a training unit of at least 45 minutes.

(6) At the request of the Federal Minister for Transport, Innovation and Technology, the Federal Minister for Transport, Innovation and Technology has to extend the validity of the certificate for a further five years. The requirement for the extension is that the applicant shall be subject within the last five years.

1.

has completed the required training; and

2.

at least two road safety audits or in-depth road safety inspections have been carried out in a technically correct manner.

(7) The application for renewal shall be made in writing and may be submitted at the earliest one year and no later than three months before the expiry of the validity of the certificate. The validity of the certificate shall remain valid until the decision on the timely application is made. The application for renewal shall be connected with the following:

1.

Proof of completion of the training and of the road safety audits carried out, or In-depth road safety checks and

2.

an opinion of a training institution pursuant to Section 5c (1) on the existence of the conditions for renewal.

(8) If the conditions for extending the validity of the certificate are met, the Federal Minister of Transport, Innovation and Technology has to issue a new certificate. If the conditions are not fulfilled, the validity of the certificate shall be refused. If an extension is not obtained, a new application may be submitted in accordance with paragraph 3 at the earliest two years after the expiry of the validity of the certificate; the course according to Section 5c (3) must be repeated in this case.

(9) If no contract exists in accordance with Section 5c (1) at the time of application, the applicant shall be obliged to submit an expert opinion from a training institution.

(10) The Federal Minister of Transport, Innovation and Technology has to revoke the validity of the certificate with a communication if the conditions for granting or extending the certificate are no longer available or have not existed or if the Certified road safety verifier has committed a gross breach of duty in the course of his work.

(11) The Federal Minister for Transport, Innovation and Technology has to list the certified road safety verifiers in a list, which is available on the website of the Federal Ministry of Transport, Innovation and Technology is published.

Road safety verifiers from other EU Member States

§ 5b. (1) The Federal Minister of Transport, Innovation and Technology shall have nationals of a Member State of the European Union (EU), which shall:

1.

have a right to exercise the activity of a road safety expert in another Member State of the EU, and

2.

demonstrate that the training completed by them in terms of content and scope is equivalent to the course referred to in Article 5c (3),

to certify at the request of a road safety verifier. If the proof in accordance with Z 2 cannot be provided, the course according to § 5c (3) must be completed instead.

(2) The application for certification has to be made in writing and in German. The application shall be connected to:

1.

proof of nationality,

2.

a certificate of entitlement to the right in accordance with paragraph 1 (1) (1),

3.

Proof of completion of the training provided for in paragraph 1 (2) or on the successfully completed course according to § 5c (3) and (3) and

4.

an expert opinion of a training institution pursuant to Section 5c (1) on the existence of the certification requirements.

The certificates and documents referred to in Z 1 to 4 are to be presented in certified translation if they are not written in German.

(3) If the requirements for certification are met, the Federal Minister of Transport, Innovation and Technology has to issue a certificate to the applicant. The validity of the certificate shall be limited to a period of five years. If the conditions are not met, the certification must be refused.

(4) At the request of the Federal Minister for Transport, Innovation and Technology, the Federal Minister for Transport, Innovation and Technology has to extend the validity of the certificate for a further five years. The precondition for the extension is that the applicant will continue to have the right to be entitled to the right in accordance with paragraph 1 (1) (1).

(5) The application for renewal shall be made in writing and in German and may be submitted at the earliest one year and no later than three months before the expiry of the validity of the certificate. The validity of the certificate shall remain valid until the decision on the timely application is made. The application shall be accompanied by a certificate of the right to be granted entitlement under paragraph 1 (1) (1). This certificate, if it is not written in German, must be submitted in certified translation.

(6) If the conditions for extending the validity of the certificate are met, the Federal Minister of Transport, Innovation and Technology has to issue a new certificate. If the conditions are not fulfilled, the validity of the certificate shall be refused.

(7) § 5a (9) to (11) shall apply.

Training facilities and training courses

§ 5c. (1) The Federal Minister for Transport, Innovation and Technology shall be authorized to conclude, with one or more appropriate training institution (s), a free-of-charge contract for a duration of five years, in which: in particular, it shall be agreed that the training facility

1.

to set up and implement courses in accordance with paragraph 3, ensuring the separation of lecturers and examiners in terms of staff;

2.

to carry out training measures for road safety verifiers,

3.

to report on whether or not to:

a)

the certification requirements are met,

b)

the conditions for the extension of the validity of the certificate are met,

4.

shall be entitled to require the training participants to carry out the courses and further training measures and to draw up the opinion on an appropriate fee.

(2) Training courses for road safety verifiers as referred to in paragraph 3 may also be carried out by training establishments with which no contract has been concluded in accordance with paragraph 1, provided that they fulfil the conditions laid down in paragraph 4. If the graduates of such courses are seeking certification, the opinion of the training establishment in accordance with paragraph 1 shall also give an opinion, in particular, on whether the training establishment and the course of training are subject to the statutory and by regulation. shall meet the requirements laid down

(3) In a training course for road safety verifiers, the specific knowledge and skills required for the activity of a road safety expert shall be provided. The course has to include the following areas of training, provided that the knowledge of the relevant technical guidelines and the legal basis is provided:

1.

road planning,

2.

accident analysis,

3.

human behaviour in road transport,

4.

Road equipment,

5.

Audit report and

6.

practical audit example.

The course shall comprise at least 40 training units, with a training unit of at least 45 minutes. The training contents are to be covered exclusively by relevant experts.

(4) A body shall be a training institution in accordance with paragraph 1 and/or (2), if it is

1.

has professionally qualified teaching staff,

2.

training courses referred to in paragraph 3, and

3.

has the equipment and equipment necessary for training.

(5) The Federal Minister for Transport, Innovation and Technology has to register the training facilities in accordance with paragraph 1 in a list to be published on the website of the Federal Ministry of Transport, Innovation and Technology.

Regulation

§ 5d. The Federal Minister of Transport, Innovation and Technology has adopted more detailed provisions on the subject

1.

the conduct and the relevant elements and aspects of the impact assessment on road safety,

2.

the conduct and the relevant criteria of road safety audits;

3.

the course and relevant aspects of road safety analysis of the road network in operation and the type of publication of road sections with a high frequency of accidents,

4.

the conduct and the relevant aspects of road safety inspections;

5.

the necessary professional qualifications of the road safety verifiers and

6.

Contents and scope of the courses for road safety verifiers in accordance with § 5a (5) and § 5c (3). "

6. In § 10, paragraph 3 is replaced by the following paragraphs 3 and 4:

" (3) The federal government makes a grant to Burgenland, corresponding to the construction progress, in the amount of 37 million euros for the construction of a road from Steinberg-Dörfl (S 31, B 50) to the state border at Rattersdorf.

(4) The Federal Government makes a contribution to the Land of Vienna in accordance with the construction progress of EUR 231.6 million for the construction of a road from Hirschstetten (A 23) to the beginning of the closing distance of the S 1 in the area of the road Am Heidjöchl, Height Johann-Kutschera-Gasse. "

7. In the title of the V section, after the word "Cost" the phrase "and fees" .

8. In accordance with § 31, the following § 31a and heading is inserted:

" Fees

§ 31a. The Federal Minister of Transport, Innovation and Technology may, in agreement with the Federal Minister for Finance, by Regulation

1.

for the administrative procedures to be carried out in its area of responsibility at the request of the Federal Government (Bundesstraßenverwaltung); and

2.

for administrative procedures in accordance with § § 5a and 5b

to determine the amount of the fees charged and the amount of the fees. In determining the amount of the fees, the cost-covering principle must be taken into account by applying the equivalence concept. "

9. The following paragraph 8 is added to § 34:

" (8) The table of contents and § § 5, 5a, 5b, 5c, 5d, 10 para. 3 and 4, 31a, 35 and 37 as well as the directories 1 and 2 in the version of the Federal Law BGBl. I No 62/2011 shall enter into force with the day following that of the event. In the transition to the new legal situation, the following shall apply:

1.

§ 5 (1) (1) (1) and (3) in the version of the Federal Law BGBl. I n ° 62/2011 shall apply to those in directories 1 and 2 in the version of the Federal Law BGBl. I n ° 24/2010 do not apply.

2.

§ 5 (1) (2) and (4) in the version of the Federal Law BGBl (Federal Law Gazette). I No 62/2011 shall not apply to projects for which an authorisation procedure under this Federal Act or under the UVP-G 2000 is pending at the date of the entry into force of this amendment.

3.

In the period to December 19, 2013, activities that are subject to certified road safety verifiers in accordance with § 5a or § 5b are reserved, also by persons who fulfil at least the requirements of § 5a paragraph 2 Z 1 with regard to the technical qualification.

4.

The condition set out in § 5a (2) (2) applies to persons who have successfully completed a specific training on the road safety verifier before the entry into force of this amendment, which in terms of content and scope, according to the course of the course, has been completed. § 5c (3) is comparable. If these persons are seeking certification, the opinion of the training institution pursuant to Section 5c (1) shall also give an opinion, in particular, on whether the completed training in content and scope is comparable to the course in accordance with Section 5c (3) is. "

10. In § 35, the expression "§ 1 (2), third sentence, and § 4 (3), second sentence" by the expression "§ 1 (2), third sentence, § 4 (3), second sentence, and § 31a" replaced.

11. In accordance with § 36, the following § 37 shall be added together with the heading:

" Implementation of Union law

§ 37. By the provisions of § § 5 to 5d, Directive 2008 /96/EC on safety management for road transport infrastructure, OJ L 327, 22.9.2008, p. OJ No 319 of 29.11.2008, p. 59.

12. The description of the route of the A 7 Mühlkreis motorway is located in the directory 1 Federal Highways A (Federal Motorways):

"Node Linz (A 1)-Nodes Linz/Hummelhof (A 26)-Unterweitersdorf (S 10)"

13. The description of the route of the A 23 motorway in the south-east of the south-east of Vienna is located in the directory 1 of the Federal Highways A (Federal Highways):

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

14. The road A 24 motorway connecting pliers Rothneusiedl is not required in the directory 1 federal roads A (federal motorways).

15. The description of the route of the A 26 Linzer motorway is located in the directory 1 Federal Highways A (Federal Motorways):

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

16. In the directory 2 federal highways S (federal highways) is the description of the route of the S 1 Wiener outer ring expressway:

" Node Vösendorf (A 2, A 21)-Node Rustenfeld (Eincloslichhaul)-Node Schwechat (A 4)-Node near Raasdorf (Eincloslichhaul)-Node near Raasdorf (S 8)-Node Vienna/Süßenbrunn (S 2)-Node Eibesbrunn (A 5)-Node Korneuburg/West (A 22), including nodes Rustenfeld-Leopoldsdorf (B 16) as well as including knots at Raasdorf-Vienna/Donaustadt (Am Heidjöchl, Höhe Johann-Kutschera-Gasse) "

17. The description of the route of the S 31 Burgenland expressway is located in the directory 2 federal highways S (federal highways):

"Eisenstadt/Ost (B 50)-Node Eisenstadt (A 3)-Nodes Mattersburg (S 4)-Steinberg-Dörfl (B 50)"

Fischer

Faymann