Change Of The Driver's License Law (14Th Amendment To Fsg)

Original Language Title: Änderung des Führerscheingesetzes (14. FSG-Novelle)

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61. Federal Act, with which the driving licence law is amended (14. FSG novella)

The National Council has decided:

The driving licence law (FSG), BGBl. I n ° 120/1997, as last amended by the Federal Law BGBl. I No 117/2010, shall be amended as follows:

1. In § 1 (1a) 1 (1), the phrase shall be: "(5) and (6)" replaced by the phrase "paragraph 5" .

2. In § 1 (3), first sentence, the word order is deleted "or subclass" and in the third sentence, the phrase "Classes C or D or subclass C1" through the phrase "Classes C (C1) or D (D1)" and the name "B + E" by the name "BE" replaced.

3. § 1 (4), first sentence reads:

"A steering authority issued by a competent authority of an EEA State shall be treated as a steering authority in accordance with paragraph 3."

4. In Article 1 (4), the following sentences are inserted after the second sentence:

" For the recognition of class B, the completion of the 17. Life year is sufficient. A steering authority granted by an EEA State is valid as an Austrian steering authority if the owner of this steering authority moves his residence (§ 5 para. 1 Z 1) to Austria or as long as he is domicated (Section 5 (1) (1) (1)) in Austria has. "

5. § 1 (5) reads:

" (5) A steering authorization shall not be required for the steering of motor vehicles with a design speed of not more than 10 km/h. The handlebars of these vehicles, however, must be 16. They have completed their life year. "

6. Section 1 (6) is deleted.

7. § 2 together with the headline is:

" Scope of the steering authority

§ 2. (1) The steering authority may only be granted for the following classes of motor vehicles according to § 2 KFG 1967:

1.

Category AM:

a)

motorcycles,

b)

quadricycles of light-weight vehicles;

2.

Category A1:

a)

Motorcycles with or without a vehicle with a cylinder capacity of up to 125 cc, with an engine power of not more than 11 kW and a power/net weight ratio of not more than 0.1 kW/kg,

b)

three-wheel motor vehicles with a power of no more than 15 kW;

3.

Class A2: motorcycles with or without a vehicle with an engine power of up to 35 kW and a power/net weight ratio of not more than 0.2 kW/kg which are not derived from a vehicle with more than double engine power;

4.

Class A:

a)

Motorcycles with or without side-cars,

b)

three-wheel motor vehicles with an output of more than 15 kW;

5.

Class B:

a)

Motor vehicles with no more than eight seats for the carriage of persons other than the handlebar and having a maximum authorised mass not exceeding 3500 kg;

b)

three-wheel motor vehicles with a power rating of more than 15 kW, provided that the handlebars are 21. Year of age,

c)

Motorcycles of class A1, if the owner of the steering authority for class B

aa)

for at least five years has been in possession of a valid steering authority for class B,

bb)

is no longer in the trial period referred to in § 4,

cc)

Instruct to have completed a practical training in the steering of such motorcycles and

dd)

the code 111 is entered in the driving licence;

6.

Category BE: unless otherwise specified in the approval of the vehicles, a class B towing vehicle and a trailer or semi-trailer with a maximum authorised mass of not more than 3500 kg;

7.

Category C1: motor vehicles where the maximum authorised mass is more than 3500 kg but not more than 7500 kg and which does not fall within the category D1 or D;

8.

Class C1E: in the case where the approval of the vehicles has not been specified otherwise:

a)

a category C1 towing vehicle and a trailer or semi-trailer with a maximum authorised mass exceeding 750 kg, provided that the maximum authorised mass of the combination does not exceed 12000 kg,

b)

a class B towing vehicle and a trailer or semi-trailer with a maximum maximum authorised mass exceeding 3500 kg, provided that the maximum authorised mass of the combination does not exceed 12000 kg;

9.

Class C:

a)

motor vehicles in which the maximum authorised mass is more than 3500 kg and which does not fall within the category D1 or D;

b)

Special motor vehicles,

c)

Vehicles of category D1 or D-if no passengers are transported-within Austria, if the handlebar has been granted the steering authority for Group C in accordance with § 65 KFG 1967 or if the handlebar is 21. for at least two years, has been in possession of a steering authority for class C, and

aa)

are either inspection or assessment journeys to determine the technical condition of the vehicle, or

bb)

for the removal of a bus from the danger zone;

10.

Class CE: unless otherwise specified in the approval of the vehicles, a class C towing vehicle and a trailer or semi-trailer with a maximum authorised mass of more than 750 kg;

11.

Category D1: motor vehicles with more than eight but not more than 16 places for persons transported, in addition to the steering position and with a maximum total length of eight metres;

12.

Class D1E: unless otherwise specified in the approval of the vehicles, a tractor of category D1 and a trailer with a maximum authorised mass exceeding 750 kg;

13.

Category D:

a)

Motor vehicles with more than eight seats for people who have been transported, in addition to the steering wheel,

b)

Special motor vehicles;

14.

Class DE: unless otherwise specified in the approval of the vehicles, a class D towing vehicle and a trailer with a maximum authorised mass of more than 750 kg;

15.

Class F:

a)

Tractors,

b)

motor carts,

c)

self-proponent working machines,

d)

agricultural self-proponent working machines,

e)

transport carts,

in each case at a design speed of not more than 50 km/h, and

f)

Single-axle tractors which are connected to another vehicle or apparatus in such a way that they form a single motor vehicle with the vehicle, which shall, in accordance with its own mass and the speed of the design of a tractor, produce a tractor with a design speed of does not correspond to more than 25 km/h, and

g)

Special motor vehicles.

(2) The drawing of a trailer with motor vehicles of the following classes shall be permitted to the following extent:

1.

Class A: a trailer according to § 104 (5) KFG 1967;

2.

with a class B towing vehicle:

a)

a light pendant,

b)

unless otherwise specified in the approval of the vehicles, a trailer other than light trailer, provided that the maximum authorised mass of the vehicle combination does not exceed 3500 kg,

c)

unless otherwise specified in the approval of the vehicles, a trailer other than a light trailer, provided that the maximum authorised mass of the combination of vehicles is more than 3500 kg but not more than 4250 kg; to draw such a trailer, Supporters are required to complete a theoretical and practical training to the extent of a total of seven teaching units;

3.

Classes C1, C, D1 and D: light trailers;

4.

Class F: in conjunction with a towing vehicle referred to in paragraph 1 (1) (15) (a), (b) or (d): all trailers; in conjunction with one in paragraph 1 (1) (15) (lit). c and g of the tractor: trailers with a maximum authorised mass not exceeding 3 500 kg.

(3) The following equivalences shall be established for the classes of steering authorities referred to in paragraph 1:

1.

The steering authority for category A2 also includes the steering authority for class A1,

2.

The steering authority for category A also includes the steering authority for category A1 and A2,

3.

the steering authority for class C also includes class C1, class CE class C1E, class D class D1, class DE class D1E, class D, class D, class D, class D, class D, class D, class D, class D, class D

4.

the steering authorities for C1 and C1 also include the steering authority for the class F,

5.

The steering authorities for the classes C1E, CE, D1E and DE also include the steering authority for the class BE,

6.

The steering authority for the CE class also includes the steering authority for the class DE (D1E) if the handlebar has the steering authority for class D (D1),

7.

the steering authority of each of the classes referred to in paragraph 1 (2) to (15) shall include the steering authority for the AM class,

8.

for the purposes of the application of paragraph 1, an articulated motor vehicle shall be considered as a motor vehicle;

9.

Persons who have been in possession of a valid steering authority for categories B and F for at least three years may be granted a steering authority for the class BE, if:

a)

the applicant makes it credible that he has also drawn other than light trailers during this period,

b)

there are no concerns about the suitability for health and

c)

the applicant has successfully passed the practical driving test; § 10 (2) shall not apply,

10.

Persons who are in possession of a steering authority for class B and who have registered the code 96 in the driving licence may be granted a steering authority for the class BE without theoretical and practical training in the driving school.

(4) The following (Lenk-) authorizations shall apply only to the traffic in Austria and to those States which have recognized these (Lenk) authorizations:

1.

The right to direct three-wheel motor vehicles with a power of more than 15 kW with a steering authority for category B (paragraph 1). 1 Z 5 lit. (b)

2.

the early steering authority for class B (§ 19) until the completion of the 18th Life Year,

3.

the class F and

4.

The right to direct motorcycles of class A1 with a steering authority for class B (par. 1 Z 5 lit. c).

(5) The Federal Minister of Transport, Innovation and Technology has adopted by Regulation the more detailed provisions concerning the content of the training provided for in paragraph 1 Z 5 lit. c and paragraph 2 Z 2 lit. c. "

8. The following paragraph 1a is inserted in § 3:

" (1a) A steering authority for categories C1, C, D1 and / or D may only be granted if the applicant is in possession of the steering authority for the class B. A steering authority for the classes BE, C1E, CE, D1E and / or DE may be granted only if the driving licence is already in the possession of classes B, C1, C, D1 and / or D is. "

9. In Section 4 (1), the phrase "Steering allowances for categories A, B, C and D, or subcategory C1" replaced by the phrase "Steering rights for all classes except for classes AM and F".

Section 4a (1) reads as follows:

" (1) On the occasion of the first acquisition of a steering authority of categories A1, A2 or A and on the occasion of the first acquisition of a steering authority of class B, their owners have, without prejudice to the provisions of section 4c (3) within the (1) a second phase of the training period provided for in the first paragraph of paragraph 1. In the case of classes A1, A2 and A, the second phase of the training is to be carried out only once, on the occasion of the first acquisition of one of the classes mentioned. Those persons who, at the same time, have acquired a steering authority for categories A1, A2 or A and for category B for the first time, have to undergo the second phase of training for both classes (A (A1, A2) and (B)). "

11. In Section 4a (3), the word order shall be "Has the owner of an Austrian steering authority for class A or B" replaced by the phrase "Has the owner of a steering authority of the classes referred to in paragraph 1" .

Section 4a (4) reads as follows:

" (4) In the course of the second phase of training

1.

Perfection on roads with public transport and

2.

a driving safety training that

a)

a traffic-psychological group discussion and

b)

in the case of classes A1, A2 or A, in addition, a hazard perception training is included,

to be completed in accordance with the provisions of Section 4b. "

13. In Section 4a (7), the word "is" through the phrase "and the danger perception training is" replaced.

14. In § 4b (1), second sentence, § 4b (2), second sentence, and twice in section 4c (2), first sentence, the word order is in each case "Class A" replaced by the phrase "Classes A1, A2 or A" .

Section 4b (3) reads as follows:

" (3) The second phase of training for an owner of a steering authority of categories A1, A2 or A shall include the following contents in the order in question:

1.

a driving safety training, a traffic psychological group interview and a hazard perception training, all of which are to be held in one day, in the period of two to twelve months after the acquisition of the steering authority, and

2.

a perfection journey in the period of four to 14 months after the acquisition of the steering authority.

These provisions shall also apply in the event that the person concerned is already in possession of the steering authority for category B when the steering authority is acquired for categories A1, A2 or A. A period of at least two months shall be between the completion of the content referred to in Z 1 and 2. "

16. § 4b (4) Z 4 reads:

" 4.

the content and extent of the traffic psychological group interview and the risk perception training as well as the personal requirements for their implementation and "

17. In § 4c (1), first sentence, after the word order "Traffic Psychology Group Discussion" the phrase ", in categories A1, A2 and A, also the hazard perception training," inserted.

18. In Section 4c (2), the word is twice "nine" by the number "14" replaced.

19. In § 5 (1) (1) (1) the phrase shall be " Art. 9 of Council Directive 91 /439/EEC on driving licences OJ L 327, 31.12.1991, p. No. 237 of 24 August 1991 " replaced by the phrase " Art. 12 of the Directive on driving licences OJ L 327, 22.12. No 403/2006 " .

20. In Section 5 (1) (3) and Section 5 (7), the term of the word shall be deleted. "or subclass" and in Section 5 (1), second sentence, the word order shall be deleted "or subclasses" .

21. § 5 (2) reads:

" (2) A place of residence in Austria pursuant to paragraph 1 (1) (1) is provided if the person in question has been shown to have been in existence for at least 185 days in the last twelve months on the basis of his/her personal and, if available, professional ties. Austria has held or credited that it intends to stay in Austria for at least 185 days. The place of residence of a driving licence or owner whose professional ties are in a State other than his or her personal ties shall be the place of personal ties, irrespective of the 18-day period, provided that he is regularly there. returns. "

Section 5 (6) reads as follows:

" (6) In the case of the extension of a steering entitlement to other classes listed in § 2 (1), a new medical opinion shall be submitted by the applicant only if the last medical opinion is older than 18 at the time of the decision. months, or the extension of the steering authority for category B to categories C (C1) or D (D1). "

Section 6 (1) reads as follows:

" (1) The following requirements shall apply to the minimum age for the granting of a steering authority:

1.

Class AM: completed 15. Year of age,

2.

Class A1: completed 16. Year of age,

3.

Class A2: completed 18. Year of age,

4.

Class A: completed 20. Year of life of previous two-year-old possession of category A2,

5.

Class A: completed 24. Year of life without previous two-year possession of category A2,

6.

Class B: completed 18. Year of life, except in the case of § 19,

7.

Classes BE, C1 and C1E: completed 18. Year of age,

8.

Classes C and CE: volleed 21. Year of life, except in the cases of section 20 (2),

9.

Classes D1 and D1E: completed 21. Year of age,

10.

Classes D and DE: vollenized 24. Year of life, except in the cases of section 20 (3),

11.

Class F:

a)

vollenge 16. Year of life, limited to agricultural vehicles, with proof of the necessary mental and physical maturity, and under the condition of conditions or time required in accordance with the requirements of traffic and operational safety, local or factual restrictions on the validity of such a steering authority;

b)

vollenized 18. Life Year. "

24. In § 6 para. 2, the quote becomes "§ 18 (1a)" replaced by the citation "§ 18a (4)" .

25. In § 6 para. 5, the quote becomes " BGBl. No. 902/1995 replaced by the citation " BGBl. II No 190/2007 " .

Section 7 (3) Z 11 reads as follows:

" 11.

a criminal act in accordance with § 28a or § 31a para. 2 to 4 of the Law on Narcotic Drugs-SMG, BGBl. I n ° 112/1997, version BGBl. I n ° 111/2010; "

27. In § 8 (1), second sentence, the word "Classes" replaced by the word "Group (s)" .

28. The following paragraph 3a is inserted in § 8:

"(3a) The duration of the duration of the freezing order shall be calculated from the date of the examination of the official medical opinion."

29. In § 8 (5), § 10 (1), § 10 (4), second sentence, § 10 (4), third sentence, and § 11 paragraph 2, the term of the word shall be deleted. "or subclass" .

30. In § 9 (1), (4) and (5), the phrase "pursuant to § 125 KFG 1967" through the phrase "from the Authority" replaced.

31. In § 11 paragraph 2 Z 3 lit. f will be the phrase "Classes B + E, C, C + E, D, D + E and F as well as subclasses C1 and C1 + E" replaced by the phrase "Classes BE, C (C1), CE (C1E), D (D1), DE (D1E), and F" .

32. In Section 11, Section 4, Z 3, the word order shall be "Classes A, B and B + E and of at least 45 minutes for the classes C, C + E, D, D + E and subclasses C1 and C1 + E" replaced by the phrase "Classes A1, A2, A, B and BE, and of at least 45 minutes for classes C (C1), CE (C1E), D (D1), DE (D1E)" .

33. In Section 11 (4a) the phrase shall be "Classes C and/or D as well as subclass C1" replaced by the phrase "Class C (C1) and/or D (D1)".

34. § 12 para. 2 reads:

" (2) The examination of candidates for a steering authority, except for categories A1, A2, A and F, shall be taken off on vehicles of the desired class, which shall:

1.

comply with the provisions of Section 112 (3) of the KFG 1967 on school vehicles and do not fall into another class,

2.

For use in the course of exercise trips (§ 122 KFG 1967) or training trips (§ 19 Abs. 3 FSG) were intended.

The test for class C1 may also be placed on a motor vehicle of class C. "

35. In Section 12 (3), the phrase "Classes A and F" replaced by the phrase "Classes A1, A2, A and F".

36. In § 12 (4) and § 13 (2), first sentence, the word order is deleted "or subclass" .

37. In § 13 para. 1, first sentence, after the word order "paragraph 7" the phrase " , section 18 (2) and section 20 (1) last sentence " inserted.

38. In § 13 (1), second sentence, the word order is deleted "or the subclass (s)" .

39. In § 13 (4), third sentence, the word order is deleted "and subclasses" .

40. In § 13 para. 4 fifth sentence, the word sequence shall be deleted "or subclasses" .

41. In § 13 (5), second sentence, the word order is deleted "or underclass".

Section 14 (1) Z 1 reads as follows:

" 1.

the driving licence, the driver ' s licence or the army moped card prescribed for the motor vehicle which he or she has steered, "

43. § 14 para. 1 Z 3 is deleted and Z 4 reads:

" 4.

in the case of a fire truck of categories C (C1), D (D1), CE (C1E) or DE (D1E) with a steering authority for categories B or BE (section 1 (3) of the second and third sentences), the driver's licence and the fire brigade licence, "

44. § 14 (2).

45. In § 15 (3), first sentence, after the word "can" the phrase "without prejudice to § 23 (3a)" and the following sentence shall be inserted after the first sentence:

" On the occasion of this new exhibition, the time limit laid down in § 17a (1) shall be calculated from the date of the official decision and entered in the driving licence in the corresponding classes, the classes referred to in Article 17a (2) may be entered in accordance with Request of the applicant either up to the date registered in the foreign driving licence (Section 20 (5)) or, pursuant to § 17a (2), recalculated and registered on the basis of a re-examination. "

46. § 16 (3) Z 1 reads:

" 1.

Federal institutions (in particular the Federal Ministry of Transport, Innovation and Technology and the Federal Agency for Transport), the Länder and the municipalities, to the extent that they need them for the performance of the tasks assigned to them by law; "

47. In § 16a Z 2 lit. If the word sequence is deleted "or subclass (s)" .

48. In § 16a Z 3 lit. b does not use the word "Subclass," and in Z 3 lit. h is the clip expression "(§ 15)" replaced by the parenthesis "(§ 15 and § 23 (3))".

49. § 16a Z 7 is deleted.

§ 16a Z 11 reads as follows:

" 11.

Data of the experts working at the respective authority and the respective country of the country:

a)

Data of the person according to Z 1,

b)

the period of time for which the examiner is appointed,

c)

the classes for which the examiner is appointed,

d)

Data for revocation of the order,

e)

data of a suspension of the order, in particular if the examiner wishes to make use of his or her entitlement to the driving school teacher or if a suspension has been issued in the context of quality assurance,

f)

Data on theoretical training according to § 34b (6) and (7)

aa)

Date of completion

bb)

Content of continuing training

cc)

the name of the training centre,

g)

Data for practical training according to § 34b (6) and (7)

aa)

Date of completion

bb)

Content of continuing training

cc)

the name of the training centre,

h)

Data of an additionally arranged further training (according to § 34b (6) last sentence)

aa)

Date of completion

bb)

Content of continuing training

cc)

the name of the training centre,

i)

Data on the audit carried out

aa)

Date of implementation and the result

bb)

Client of the audition (Landeshauptmann or Bundesanstalt für Verkehr)

cc)

the name of the auditor,

j)

Data of use as an auditor,

k)

Data of use as examiners ' examiners; "

51. In § 16a Z 13 lit. If the word sequence is deleted "or subclasses," .

52. In § 16a, the sales designation shall be made at the beginning "(1)" is inserted and the following paragraph 2 is added:

"(2) Data on Moped cards shall be kept up to the date of notification of the death of the owner of the Moped card at the latest, but 100 years after the first-time exhibition of the Moped ID."

53. At the end of section 16b (1) (3), the supplement shall be replaced by a point and Z 4 shall be deleted.

54. In § 16b (3) the word "and" in the case of Z 2 and the point at the end of Z 3, the following shall be replaced by the following points:

" 4.

the data referred to in paragraph 1 (1) (1) (1) to (3) in the granting of a steering authority to the AM class if the procedure is not carried out at a driving school;

5.

the nature of the applicant's training to have a steering authority,

6.

the number of theoretical examination steps by the applicant for a steering authority,

7.

Number of applicants ' practical test applications for a steering authority. "

55. In accordance with Section 16b (3), the following paragraph 3a is inserted:

" (3a) The provincial governor of the examiner has appointed the person in accordance with § 16a (1) Z 11 lit. (b) to be entered in the register of driving licences. If an audit is carried out by the Bundesanstalt für Verkehr (Federal Agency for Transport), it has the same as in § 16a (1) Z 11 lit. (i) to be entered in the register of driving licences. "

56. In accordance with Section 16b (4), the following subsections 4a and 4b are inserted:

" (4a) The Bundesanstalt für Verkehr (Bundesanstalt für Verkehr) is entitled to inspect the data referred to in Article 16a (1) (1) and (11) for the purpose of quality assurance of the driving test and may, in particular, process this data and in anonymized form for statistics . Furthermore, in order to ensure quality assurance of the driving test, it may use the data referred to in § 16a (1) Z 11 with the data referred to in § 16a (1) (1) (1) and in § 16b (3) (5) to (7) (in anonymized form), such as, in particular, sex and age of the applicant. a steering authority, the tested class and the result of the test as well as the name of the driving school in which the applicant has been trained for the purpose of steering.

(4b) In order to ensure quality assurance of the driving test, the Landeshauptmann is entitled to inspect the data referred to in § 16a (1) (1) (1) and (11) of the driving examiner appointed in the respective federal state and shall in particular process this data and in anonymized form for statistics. Furthermore, in order to ensure quality assurance of the driving test, it may use the data referred to in § 16a (1) Z 11 with the data referred to in § 16a (1) (1) (1) and in § 16b (3) (5) to (7) (in each case the federal state relating to and in anonymized form), such as in particular The gender and age of the applicant for a steering authority, the tested class and the result of the examination, as well as the name of the driving school in which the applicant was trained to have a steering authority. "

Article 16b (5) reads as follows:

"(5) The data referred to in Article 16a (1) (10) and (Z) (12) to (14) shall be entered in each case by the authority in which the relevant body has its registered office."

58. In § 17 para. 2 Z 5 the point shall be replaced by a stroke point and the following Z 6 shall be added:

" 6.

Data according to § 16a paragraph 1 Z 11 lit. e to i 10 years after the date of their registration or the last modification of the relevant data set. "

59. At the beginning of the IV. Section 17a and headline shall be inserted in the following section:

" Validity period of driving licences and steering allowances

§ 17a. (1) A driving licence issued for a steering authority for category AM, A1, A2, A, B and BE may only be issued for a period of 15 years. Insofar as these steering authorities are not subject to any other time limits based on paragraph 2 or section 8 (3), the expiry of this period shall not give effect to the authorisation to steer motor vehicles. The steering of motor vehicles after the expiry of the validity of the driving licence does not constitute a surrender in accordance with § 1 para. 3.

(2) The steering authority for categories C (C1), CE (C1E), D (D1) and DE (D1E) may only be granted for a period of five years, from the date of completion of the 60. They are only granted for more than two years. A medical opinion according to § 8 is required for each extension of these steering authority classes. The documents required for obtaining the medical opinion and the issuing of the new driving licence in the course of this extension are exempt from stamp fees and administrative charges. However, in order to issue a driving licence, it is necessary to pay compensation to that local authority which has to bear the burden on the authority which commissioned the production of the licence. In the same way, it is merely necessary to pay the licence for the issue of the driving licence if the re-exhibition of the driving licence is required for the purpose of registering the completed further training according to § 19b GütbefG, § 14c GelverkG and § 44c KflG. The Federal Minister of Transport, Innovation and Technology is responsible for setting the level of this cost replacement.

(3) The time limits referred to in paragraphs 1 and 2 shall be calculated from the date of the administrative decision of the renewal of the driving licence or the steering authority. In the case of the extension of category B to one of the classes referred to in paragraph 2, the time limits of the steering authority classes referred to in paragraph 1 shall always be recalculated on the basis of the date of grant of the newly reissued classes. This shall also apply in the case of the renewal or re-allocation of the steering authority for categories C (C1), CE (C1E), D (D1) and DE (D1E). "

60. § 18 together with the title is:

" Steering authority for the AM class

§ 18. (1) A steering authority for the AM class may only be granted if the applicant

1.

the 15. Year of age,

2.

six units of teaching theoretical training in a driving school, an association of motor vehicle owners, if they are represented in the Kraftfahrbeirat or have completed a school,

3.

A theoretical test, which does not have to comply with the requirements of section 11 (2), has successfully passed,

4.

six teaching units practical training at the practice site and

5.

two teaching units have completed practical training in public transport as a handlebar,

6.

has demonstrated sufficient vehicle control over the instructor or driving instructor,

7.

is reliable,

8.

a declaration of consent of a legal guardian, provided that he/she has the 16. Life year has not yet been completed and

9.

a medical opinion pursuant to section 8 (1), provided that the application for the granting of a steering authority for the AM class after the completion of the 20th Life year. § 3 (1) shall not apply. A teaching unit shall be 50 minutes. The practical training referred to in Z 4 may be shortened in favour of the training referred to in Z 5, provided that the duration of all practical training per candidate is not less than eight units of instruction. There are no more than eight teaching units per day to be taught. By way of derogation from § 13 (1), first sentence, the authority must be granted the steering authority of the class AM. As soon as all necessary documents are available to the Authority, a preliminary driving licence shall be issued informally by the Authority.

(2) In the case of the granting of a steering authority for the AM class, the procedure referred to in § 13 shall be applied only in so far as no deviating regulations are made in this provision.

(3) The practical training referred to in paragraph 1 (1) (4) and (5) may be completed by the applicant on a vehicle in the category of the vehicle (motorbike or four-wheel light-weight vehicle) of his choice. The scope of authorization of the AM class shall be restricted accordingly to the steering of vehicles of this category of vehicles. If the eligibility for both categories of vehicles is requested, the practical training referred to in paragraph 1 (1) (4) shall be completed on vehicles of the respective category. This also applies if an extension to the other vehicle category is requested after the acquisition of the steering authority for the AM class. In any case, the acquisition of the right to control a single-lane motor vehicle must be completed with a training according to paragraph 1 Z 5. If the steering authority is only acquired for a category of vehicles, this is to be noted on the driving licence by means of a national number code.

(4) In order to carry out the practical training referred to in paragraph 1 (1) (4) and (5), driving schools and associations of motor vehicle owners shall be entitled, if they are represented in the power supply council. The practical training shall be carried out under the guidance of a driving instructor or a particularly suitable instructor in accordance with § 4a (6). In order to carry out the practical training provided for in paragraph 1, Z 5, the instructors must have the appropriate knowledge of school trips in public transport and a supplementary training in this regard in an eligible training institution according to § 116 6a KFG or the Fachverband der Fahrschulen (Fachverband der Fahrschulen). In the case of the practical training referred to in paragraph 1 Z 5 for motorcycles, the instructor or instructor shall accompany the candidates on a single-lane motor vehicle and shall accompany at most two candidates at the same time.

(5) Before the completion of the 20. A motor cycle and a four-wheel light-weight vehicle shall be put into service only if the alcohol content of the blood is no more than 0,1 g/l (0,1 per mille) or the alcohol content of the breathing air is not more than 0.05 mg/l .

(6) The Federal Minister for Transport, Innovation and Technology, in accordance with the requirements of road safety, has adopted, in accordance with the current state of science and technology, the more detailed provisions on the content, the content of which Scope, type and proof of the knowledge referred to in paragraph 1 Z 3. "

61. In accordance with § 18, the following § 18a and title shall be inserted:

" Steering authority for categories A1, A2 and A

§ 18a. (1) In addition to the procedure referred to in § 3 (1), a steering authority for category A2 may also be granted to a person who has been in possession of the steering authority for class A1 for at least two years, the second training phase according to § § § 3 (1). 4b (3) and either

1.

has successfully passed a practical driving test on a motorcycle of category A2, or

2.

has completed a practical training on a class A2 motorcycle to the extent of seven teaching units.

(2) In addition to the procedure referred to in § 3 (1), a steering authority for class A may also be granted to a person who has been in possession of the steering authority for category A2 for at least two years, the second phase of training in accordance with § 4b paragraph 3, and either

1.

has successfully passed a practical driving test on a Class A motorcycle, or

2.

has completed a practical training on a class A motorcycle to the extent of seven teaching units.

(3) A steering authority for category A may also be granted without prior possession of a steering authority for category A2, if the driving licence is 24. Year of life has been completed. In addition, a driving licence for category A may be granted to a driving licence, which is the 24. After having been in possession of class A1 for at least four years, has completed the second phase of training in accordance with § 4b para. 3 and has successfully passed a practical driving test on a motorcycle of class A .

(4) An applicant for an early steering authority for category B may have the theoretical and practical training for category A2 in a driving school with the completed 16. Start life year. The practical driving test for category A2 may only be carried out with the completion of the 18. years of life.

(5) In the case of the acquisition of class A1, the provisions relating to the trial licence (§ 4) shall apply in any case up to 20 years. Year of life. The trial period is only valid for the first acquisition of one of the classes A1 or A2 in the course of the step-by-step access.

(6) An applicant for a steering authority of category A1, who has been in possession of the authorization in accordance with § 2 paragraph 1 Z 5 lit for at least two years. c is, as part of the acquisition of the entitlement according to § 2 para. 1 Z 5 lit. c completed practical training. "

62. In Section 19 (1), the phrase " with the completed 16. Life Year " replaced by the phrase " at the earliest six months after completion of the 15. Life Year " .

63. In § 19 (8) fifth sentence:

" After 3,000 kilometres driven and a training course in the driving school, but at the earliest with the completed 17. Year of life, the applicant shall be admitted to the practical driving test if the driving school confirms the completion of the prescribed training. "

§ 20 together with the title is:

" Steering authority for classes C (C1), D (D1), CE (C1E) and DE (D1E)

§ 20. (1) A steering authority for class C (C1) or D (D1) may only be granted if the applicant is in possession of a steering authority for class B. A steering authority for the class CE (C1E) or DE (D1E) may only be granted if the applicant is in possession of the steering authority for the class C (C1) or D (D1). If, at the same time, several classes of steering authority are requested, the possession of a steering role representing the condition for the acquisition of the other class (s), the applicant shall have the theoretical and practical driving test for have passed this first class before being admitted to the practical driving test for the other (n) class (s). The practical driving test for the class C (CE) and/or D (DE) may already be carried out with the achievement of the class C1 (C1E) and/or the class C1 (C1E). D1 (D1E) shall be filed, but the granting of the respective steering authority may not take place until the minimum age provided for in section 6 (1) is reached.

(2) A steering authority for class C or CE may also be granted only if the applicant

1.

the 21. Year of age,

2.

the 18. The holder of a driver qualification certificate in accordance with § 19 of the GütbefG (GütbefG) has completed the following year:

3.

the 18. Year of age and the occupation of "professional drivers" in accordance with the Regulation of the Federal Minister of Economics and Labour, BGBl. II No 190/2007 , (professional drivers/professional drivers ' training regulations) has successfully completed or

4.

the 18. The following vehicles shall be completed exclusively for the purpose of steering:

a)

which are used by the armed forces, the civil protection, the fire brigade and the forces responsible for the maintenance of public order, or under their supervision;

b)

with which test drives are made on the road for the purpose of technical development or in the event of repair and maintenance work, and new or converted vehicles which have not yet been put into operation.

(3) A steering authority for class D (D1) and DE (D1E) may only be granted if the applicant is trained for the performance of first aid. Furthermore, a steering authority for the classes D or DE may already be granted with the completion of the 21. Year of life shall be granted if:

1.

the conditions laid down in paragraph 2 (4) (4) a to c are available, or

2.

the applicant is the holder of a driver qualification certificate in accordance with § 14b (1) of the GelverkG or § 44b Section 1 of the KflG.

(4) Vehicles of Class C and D may be put into service only by a handlebar where the alcohol content of the blood is not more than 0.1 g/l (0.1 per mille) or the alcohol content of the respiratory air is not more than 0.05 mg/l.

(5) The validity of a steering authority for Class C (C1) or D (D1) granted in another EEA State shall end in the event of a transfer of residence (Section 5 (1) (1) (1)) to Austria at the time provided for in the issuing State, but no later than five years after the transfer of residence (Article 5 (1) Z 1) to Austria. "

65. § 21 deleted.

66. In Section 22 (6), the phrase Federal Ministry of Defense replaced by the word "Army Personnel Office" .

(67) The following paragraph 3a is inserted in § 23:

" (3a) In the case of a steering authority granted on the basis of a steering authority issued in an EEA State, where it is clear from the registered number code 70 that this EEA steering authority is based on a non-EEA steering authority, to apply the provisions of paragraph 3. "

68. § 23 (5) last sentence reads:

" The steering of motorcycles and four-wheel motor vehicles by persons without domials in the Federal territory (§ 5 para. 1 Z 1) is only permissible if the handlebar is at least in possession of the steering authority of the class AM and the 15. "Year of life has been completed."

69. § 24 (1), second sentence, the word order "A, B or F" replaced by the phrase "A1, A2, A, B or F" and the following third sentence shall be added:

" For reasons worthy of consideration, the withdrawal of class AM with regard to the authorization to steer motor bicycles can be disregarded. This is also possible if the person concerned has the steering authority for the AM class only by means of Section 2 (3) Z 7. "

70. In § 24 (2), third sentence, the phrase "and D" replaced by the phrase "CE (C1E), D (D1) and DE (D1E)" as well as the phrase "or D" replaced by the phrase "CE (C1E), D (D1) or DE (D1E)" .

71. In § 24 (3), third sentence, after the word "Alcohol Influence" the phrase "or addiction to addiction" inserted.

72. § 24 para. 3 ninth sentence reads:

"In any event, class B withdrawal shall be subject to withdrawal of classes C (C1), CE (C1E), D (D1) and DE (D1E)."

73. In § 24 (3a) the word order is deleted " second and fifth sentence " and the following sentences shall be added:

" However, prior to the re-conclusion of the driving licence or the re-issuance of the steering authority after such a withdrawal, the person concerned must complete all the measures and investigations which have already been arranged. Measures or investigations which would have been ordered and which, in accordance with the first sentence, have not been carried out shall be ordered by the Authority and shall also be completed. '

74. In Section 26 (5), the phrase "in accordance with paragraph 1" replaced by the phrase "pursuant to para. 1 or 2" .

75. In § 27 (2) the number shall be: "16" by the number "15" replaced.

76. § 30 together with headline reads:

" Consequences of the withdrawal procedure for owners of foreign steering authorities and driving licences

§ 30. (1) The holder of a foreign EEA or non-EEA steering authority who is not domicated in Austria (Article 5 (1) (1)) is entitled to exercise his/her right to exercise the right to exercise his/her steering authority, if reasons for the withdrawal of the right to be taken by the European Union are not subject to the You have a steering authority. The withdrawal of the right to make use of the steering authority is to be pronounced by a ban on driving under the application of § § 24 (1), (25), (26) and (29). The authority responsible for withdrawing the licence shall be the competent authority in the local sphere of activity of the holder of the driving licence; it shall have the licence to take off and, until the expiry of the period laid down, or until the owner's exit has expired, withheld. Where this is possible, the authority of the issuing authority shall inform the issuing authority of the fact that the said right has been withdrawn.

(2) An owner of a foreign non-EEA steering authority or a foreign EEA driving licence (§ 1 para. 4), who has a residence (§ 5 para. 1 Z 1) in Austria, the authority shall have the steering authority under the application of § § 24 to 29 . The driver's licence is to be transmitted to the issuing authority together with a presentation of the facts. At the end of the period of withdrawal, the person concerned has to apply for the issuing of an Austrian driving licence in accordance with § 15 (3) or, if the period of withdrawal has been longer than 18 months, to the granting of an Austrian driving licence . The Authority shall also order the withdrawal of the steering authority of another EEA State or a non-EEA State if a person residing in Austria has obtained such a steering authority at a time when Austria already has the right to take such a steering authority. Steering authority was withdrawn due to lack of traffic reliability. In this case, the steering authority shall be withdrawn at that time at which the withdrawal period already arranged ends. A withdrawal of the steering authority of another EEA State or of a non-EEA State shall be pronounced if a person has acquired a steering authority in that State at a time when the person is resident (Article 5 (1) (1) (1)) of the Austria and not in the issuing State of the driving licence. "

77. In § 30a (2) (12), after the word "steered" the phrase "or a trailer pulled" inserted.

§ § § 31 and 32 with headline shall be deleted.

79. § 34 with headline reads:

" Experts Doctors

§ 34. (1) In order to assess the health suitability of applicants for a steering authority, the Landeshauptmann has to appoint professional physicians. These are to be ordered for a maximum period of five years, must be particularly suitable for this assessment and are subject to the general provisions of § 128 KFG 1967 on experts. The restrictions placed on certain authorities in the empowerment humble of the expert doctors are deemed not to be settled.

(2) Only trustworthy persons who are EEA citizens and who meet the specific requirements laid down in the regulation may be appointed to expert physicians.

(3) The Federal Minister for Transport, Innovation and Technology has set out the more detailed provisions with a regulation on:

1.

the remuneration for expert opinions in accordance with § § 8 and 9 for doctors and technical experts as well as

2.

the cost of a transport-psychological investigation according to § 8 or § 28. "

80. The following § 34a and § 34b are inserted:

" examiner

§ 34a. (1) The Governor of the State shall have the right to appoint a driving examiner for the assessment of the professional competence of persons, motor vehicles. These are to be ordered for a period of no more than five years, they must be EEA citizens, trustworthy and particularly suitable for this assessment and are subject to the general provisions of § 128 KFG 1967 on experts. In addition, they must have the following knowledge and skills:

1.

Knowledge of road traffic regulations,

2.

Vehicle technical and physical knowledge,

3.

knowledge and ability to closely monitor, monitor and evaluate the course of the examination,

4.

Capability of a motor vehicle of the appropriate class, in compliance with the relevant road traffic regulations and with particular regard to the safety and liquid of transport and fuel-efficient, more environmentally friendly and defensive driving style of a higher level than is necessary for the acquisition of a steering authority without prejudice to § 34b (2) (2) (2) (2)

5.

Ability to communicate clearly and in a friendly way and to ensure a non-discriminatory and respectful conduct of the audit.

In the order decree, it should be noted, in particular, for which categories of examiners the driving test may take off. However, such an order does not constitute a legal right to be used as a driving examiner.

(2) In addition, staff members from the staff of a local authority may only be appointed to the driving examiner by the Governor of the State, if the approval of the service authority for his/her use as an expert, including the extent to which he/she is responsible, is and the times. This agreement shall not affect the obligations of the staff member with regard to his or her service authority.

(3) The driving examiners shall be divided by the Governor of the Land or by a body appointed by him via the requirement of the driving schools or authorities for the driving tests. Driving examiners may take practical driving tests only for those vehicle categories for which they themselves have a valid steering authority, in which case section 34b (3) is to be applied.

(4) The Federal Minister for Transport, Innovation and Technology has set out the more detailed provisions with the Regulation on:

1.

the conditions for placing an order as a examiner with regard to the content, implementation and proof of initial and continuing training, certificates and professional experience,

2.

the detailed rules on basic training and the qualification test as driving examiners;

3.

the specific obligations of the examiners,

4.

the revocation of the order and the suspension of the recovery;

5.

the remuneration for expert opinions in accordance with § § 10 and 11 for examiners,

6.

the remuneration for expert opinions on the qualification test for driving examiners,

7.

the scope and content of the annual monitoring of the audit activity and of the quality system,

8.

the remuneration of the individual measures under the quality system,

9.

the more detailed criteria for the compilation of statistics by the Federal Agency for Transport and

10.

the conditions to be used as a driving examiner and/or as an auditor.

Personal requirements of the examiners

§ 34b. (1) For the examiner for categories B and BE, only those who are

1.

for at least three years, has been in possession of the steering authority for classes B and is no longer in the trial period in accordance with § 4,

2.

has the steering authority for the BE class,

3.

the 27. Year of age,

4.

has completed the relevant basic training and successfully completed a qualification test as a driving examiner,

5.

a certificate of ripening in Austria, an equivalent certificate of ripening from the EEA or a study authorization examination,

6.

within the last three years prior to the order, no withdrawal of the steering authority due to any of the offences referred to in § 7 para. 3, and

7.

a minimum of two years ' activity in the transport sector.

(2) Only those who are examiners of other classes may be appointed

1.

either

a)

has worked for at least three years as a driving examiner for Class B; or

b)

can demonstrate a driving practice of at least five years with vehicles of the appropriate class; or

c)

a certificate of driving practice of a higher level than is necessary for the acquisition of a steering authority of that class,

2.

has the steering authority for the class in question; for the acquisition of the test authorization for category D1 and D, a steering authority for class C is also sufficient; for the acquisition of the test authorization for the class F, a Sufficient steering authority for classes B and BE,

3.

has completed the appropriate examination and has successfully completed a qualification test as a driving examiner for the corresponding class; and

4.

Within the last three years prior to the order, no withdrawal of the steering authority for any of the offences referred to in Article 7 (3) had been granted.

(3) A driving examiner may take driving tests for categories A1, A2 and A if he has obtained the test authorization for category A. A driving examiner may take driving tests for categories C (C1), D (D1), C1E, and DE (D1E) if he has obtained the test authority for the class CE. The test authority for the classes B or CE also includes those for the class F.

(4) The qualification test for the examiner must be submitted to a Commission. It has to consist of a theoretical part and a practical part. The theoretical test must be taken out of consideration for the desired entitlement and has, in particular, the proof of knowledge in the field of transport, in particular when acquiring the right to the examiner for categories B and BE. Test psychology to extend. The practical test may not be accepted until the theoretical test has been successfully completed and must be taken on vehicles registered for the transport of the requested authorization.

(5) The owner of a driving instructor's or driving school teacher's authority may only be appointed to the driving examiner if and as long as they do not make use of their driving instructor's or driving school teacher's entitlement. If, during the order period, the expert's examiner is again active as a driving instructor or instructor, he shall immediately notify the Governor of the State and must not be used as a driving examiner in this case. .

(6) examiners must complete a regular theoretical and practical training course. If a driving examiner has not taken a driving test within a period of 24 months for a class for which he is entitled to take driving tests, he shall, before he may again be classified, have a further training, in particular for: to prove this class.

(7) The training and further training of examiners may only be carried out by the Federal Office for Transport or by the Governor of the Federal State. Each course of training carried out and any further training shall be recorded in special records; these records shall be kept for a period of five years after completion of the training or continuing training and shall be kept for five years. Bundesanstalt für Verkehr shall be submitted for inspection at the request. Proof of completion or further education must be issued by the Landeshauptmann or by the Bundesanstalt für Verkehr (Federal Agency for Transport) in the register of driving licences.

(8) The Governor of the State shall monitor the activity of surveyors and, where appropriate, prevent or counteract deficits by appropriate control measures. Each examiner shall be subject to at least one audit in a period of five years. This audit is to be carried out either by the competent national governor or by the Federal Office for Transport. The Governor of the Federal Republic of Germany shall submit a report to the Federal Agency for Transport by 28 February of each year at the latest on the monitoring and audits carried out in the previous year. "

81. In § 35 (1), the following sentence is added:

"The Authority may lodge a complaint against the independent administrative council for unlawfulness to the Verwaltungsgerichtshof."

82. § 36 para. 1 Z 1 lit. b is deleted.

83. § 36 (1) (2) is:

" 2.

the appointment of expert physicians and examiners. "

84. In § 37 (2a) the word order shall be "Determination of § 14 (1) and (4)" replaced by the phrase "Provisions of § 14 (1) and (4) and of § 17a (1) last sentence" .

85. In § 37 (3) (3) (3), the quote shall be "§ 21 (3)" replaced by the citation "§ 20 (4)" .

86. In § 38 (1) (2) (2a) and Z 2 reads:

" 2.

the last sentence of § 23 (5) (Lenken of a motorbike or four-wheel light-weight vehicle without residence in Austria), "

87. In § 38 (1) (4), the word order shall be deleted "and 3" and Z 3 is:

" 3.

§ 1 (5) (Lenken of a motor vehicle referred to there before completion of the minimum age specified therein), "

88. In § 40 (5), the third to fifth sentences are deleted.

Section 41 (3) and (6) is deleted.

90. Folding § 41a and heading is inserted:

" Transitional provisions and rights acquired to date in the context of the implementation of Directive 2006 /126/EC

§ 41a. (1) A steering authority for the preliminary stage A, which is before the 19. Jänner 2013 was granted after the 19th century. January 2013 as a steering authority for the class A2.

(2) Driving licences before the 19. January 2013, unless a rewriting is required under other provisions of this Federal Act, will be no later than 19 years. Jänner 2033 in driving licence, which is the Appendix 1 of the German driving licence act-Implementing Regulation BGBl. II, No 320/1997, as amended. On the occasion of this rewriting, the time limit according to § 17a (1) and the class AM shall be entered. Mopedaussage, who was before the 19. January 2013, remain valid and remain valid until 19 January 2013. January 2033 to be rewritten to the category AM for driving licences.

(3) (Lenk) permissions that are before the 19. Jänner 2013 were granted and have included permissions, which are based on the date of 19. Jänner 2013 will no longer exist, will remain in its original form. If the driver's license is after the 19. The registration of the corresponding number code is required in order to maintain the respective authorization. The following permissions remain after the 19. Jänner 2013:

1.

Steering of all three-wheel motor vehicles with class B before the completion of the 21. Life Year,

2.

Steering of light motorcycles with a steering authority for class A2,

3.

Pulling trailers with a maximum authorised mass of more than 3500 kg with the class BE.

In the case of a re-allocation of the steering authority, the following shall be taken before the 19. Jänner 2013, which no longer exists after this date, will be lost. Similarly, the re-division of a class A in accordance with § 18a (3) shall only be possible if the applicant is to have the 24. Year of life has been completed.

(4) In the case of a re-issue of a driving licence containing (also) the steering authority for category A (preliminary stage A) and/or D (DE), class A1 (A2) and/or D1 (D1E) shall be with the grant date of class A (preliminary stage A) and/or D (DE) to be included.

(5) For a steering authority of class A, which is before the 19. Jänner 2013 was granted on the basis of the two-year possession of the preliminary stage A, but which may not be exercised until after the said date, a practical driving test or training pursuant to § 18a para. 2 is not required.

(6) A Moped card shall be valid within Austria as a driving licence and the owner of the driving licence shall be the owner of a steering authority for the AM class in the respective scope of the authorization.

(7) A ban on the steering of motorcycles and four-wheeled light-weight vehicles, which is based on 19. January 2013 shall be considered to be the withdrawal of the steering authority until its expiry.

(8) Owners of a pre-19. In January 2013, the steering authority of Vorstufe A or A has to undergo the second phase of training in accordance with the provisions in force up to that date.

(9) Before the 19. Driving examiners already appointed in January 2013 shall be exempt from the evidence of basic training and from the obligation to take a certificate of competence to the examiner for the class (s) for which they are already before the 19. Jänner 2013 was ordered to the driving examiner. However, they shall be subject to the provisions of the training of examiners and shall therefore be subject to the provisions of the 19. January 2015 the first theoretical training and up to the 19th at the latest. Jänner 2018 to prove the first practical training.

(10) Procedures for the issuance of Moped expelings before the 19. In January 2013, until 30 April 2013, there will be no more than 19 years of age. The legal situation in force in January 2013 will be completed. In these cases, however, it is not possible to issue a Moped card, but to issue a steering authority for the AM class. The data in accordance with § 16a (1) Z 7 on Mopedausweise die vor dem 19. Jänner 2013 was also issued after the 19th century. January 2013 in the driving licence register.

(11) Persons who are before the 19. In January 2013, they were entitled to the steering of invalidity vehicles, even after the 19. Exercise January 2013 under the conditions prevailing up to that date. If the conditions set out in § 15 (2) are fulfilled, a driving licence for the AM class shall be issued to the person concerned. "

(91) In § 43, the following paragraph 19 is added:

" (19) § 1 para. 1a and 3 to 6, § 2, § 3 para. 1a, § 4 para. 1, § 4a para. 1, 3, 4 and 7, § 4b para. 1 to 4, § 4c para. 1 and 2, § 5 para. 1, 2 and 6, § 6 para. 1 and 2, § 8 para. 1 and 5, § 10 para. 1 and 4, § 11 para. 2, 4 and 4a, § 12 para. 2 to 4, § 13 para. 1, 2, 4 and 5, § 14 sec. 1, § 15 para. 3, § 16 para. 3, § 16a, § 16b para. 1, 3, 3a, 4a, 4b and 5, § 17 para. 2, § 17a to 18a, § 19 para. 1 and 8, § § 20 and 21, § 23 para. 3a and 5, § 24 para. 1 and 2, § 24 para. 3 ninth sentence, § 27 para. 2, § 30, § § 31 and 32, § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § 34 to 34b, § 36 (1), section 37 (2a) and (3), § 38 (1), § 40 (5), § 41 (3) and § 41a, respectively, in the version BGBl. I n ° 61/2011 are due to be 19. Jänner 2013 in force. "

Fischer

Faymann