Change Of The Driver's License Law (13 Fsg Novella)

Original Language Title: Änderung des Führerscheingesetzes (13. FSG-Novelle)

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117. Federal law amending the law on driving licences (13). FSG novella)

The National Council has decided:

The driving licence law, BGBl. I n ° 120/1997, as last amended by the Federal Law BGBl. I No 93/2009, is hereby amended as follows:

1. In Article 1 (3), the following sentences are added:

" Fire-fighting vehicles as well as rescue and ambulance vehicles of legally recognised rescue organisations with a maximum authorised mass of up to 5 500 kg may, moreover, be steered with a steering authority for category B, if the handlebar is

1.

is no longer in the trial period,

2.

has successfully completed an internal theoretical and practical training as well as an internal theoretical and practical driving test, and

3.

is in the possession of a confirmation from the State Fire Commander or the rescue organisation that it is particularly suitable for the steering of these vehicles.

In addition, vehicles of the public safety service with a maximum authorised mass of up to 5 500 kg may be steered with a steering authority for category B, if this is in the special nature and task of the vehicles to be steered is justified and if the handlebar is additionally in possession of a confirmation from the Federal Ministry of the Interior, that it is particularly suitable for the steering of these vehicles. "

2. § 7 (3) (3) and (4) are:

" 3.

in the case of the driver of a motor vehicle, by transgressing traffic regulations, a behaviour which is suitable in itself to bring about particularly dangerous conditions or with particular recklessness against those for the steering of a motor vehicle. In particular, significant exceedances of the maximum permissible speed in front of schools shall be deemed to have been in breach of the traffic regulations governing the motor vehicle; kindergartens and comparable facilities, as well as on protection grounds or Cycling crossings and, in any case, exceedances of the maximum permitted speed in the local area by more than 90 km/h or outside the local area by more than 100 km/h, the non-compliance with the time safety distance in the case of the If the time safety distance has fallen below 0.2 seconds and these transgressions have been detected with technical measuring instruments, the transfer of overtaking prohibitions in case of particularly bad or at least one of the following steps shall be taken into account. by far not sufficient visibility or driving against the the direction of travel on motorways;

4.

the maximum permitted speed in the local area has exceeded more than 40 km/h or outside the local area by more than 50 km/h, and that excess has been detected by means of a technical aid; "

(3) In § 14 (1), a supplement shall be placed at the end of Z 4 and the following Z 5 shall be added:

" 5.

in the case of the steering of a fire-fighting vehicle or rescue and ambulance vehicle of a legally recognised rescue organisation with a maximum authorised mass of up to 5 500 kg, the driving licence and the confirmation in accordance with section 1 (3) (3) of this Regulation. "

4. § 26 (1) reads:

" (1) If the steering or commissioning of a motor vehicle is for the first time committed in accordance with Article 99 (1b) of the StVO 1960, if it is not a handlebar of a Class C or D motor vehicle and no other of the vehicles in § § 99 of the German Ordinance on the Law of the 7 (3) (1) and (2) were committed to withdraw the steering authority for a period of one month. However,

1.

is also one of the transgressions referred to in § 7 (3) (3) (4) to (6), or

2.

the handlebars have caused a traffic accident in the course of the commission of this transgressing;

The withdrawal period shall be at least three months.

However, if one of the transgressions referred to in § 7 (3) (3) (3) is present, the withdrawal period shall be at least six months. Section 25 (3) of the second sentence must be applied in all cases. "

5. According to Article 26 (2), the following paragraph 2a is inserted:

" (2a) In the case of the first-time commission of a surrender referred to in § 7 (3) (3), the withdrawal period shall be at least six months, unless a longer period of withdrawal is to be issued in accordance with paragraph 2. Such surrender shall be deemed to have been committed for the first time at the end of two years since the last surrender. "

6. § 26 (3) reads:

" (3) In the case of the first-time commission of a transgression referred to in § 7 (3) Z 4-provided that the transgression was not suitable to bring about particularly dangerous conditions or not with particular recklessness to others Street users have been committed (Section 7 (3) (3) (3)) or there is a transgressing according to para. 1 or 2-has the period of deeducation

1.

two weeks,

2.

if the maximum permitted speed in the local area has been exceeded by more than 60 km/h or outside the local area by more than 70 km/h, six weeks,

3.

if the maximum permitted speed in the local area has been exceeded by more than 80 km/h or outside the local area by more than 90 km/h, three months

, In the case of repeated observance of such a transfer within two years, the period of withdrawal shall be six weeks, otherwise at least six months, provided that there is no qualification within the meaning of Z 2 or 3. Such surrender shall be deemed to have been committed for the first time at the end of two years since the last surrender. "

7. In § 30a (2) Z 11, after the quote " § 16 para. 2 lit. e and f " the citation " , § 18 para. 2, first sentence " inserted.

8. In Article 30a (4), the following sentence shall be inserted after the first sentence:

"If a second preferential offense has been committed within this two-year period, the period shall be extended to three years."

9. In accordance with section 32a, the following section 32b and title shall be inserted:

" Special arrangements for fire-fighting vehicles and rescue and ambulance vehicles

§ 32b. (1) In the practical driving test for the acquisition of a confirmation of the steering of rescue and ambulance vehicles in accordance with § 1 (3) penultimate sentence, the specific requirements for the steering of these vehicles in inner-city traffic and particularly with regard to the transport of persons.

(2) The confirmation in accordance with § 1 para. 3 Z 3 is valid only in connection with an upright steering authority for the class B. A reciprocal use of this confirmation for the vehicles of the other equipment (the confirmation of the rescue organisation for the steering of fire-fighting vehicles and vice versa) is not allowed.

(3) The Federal Minister of Transport, Innovation and Technology has established, by means of a regulation, the more detailed provisions on the content and scope of the internal theoretical and practical training and examination in accordance with § 1 para. 3 Z 2. "

10. In § 41, the following paragraph 10 is added:

" (10) The extension of the period to three years for the commission of a second pre-property offence shall only apply to offences committed from 1 March 2011. Pre-property offences which are no longer to be taken into account by 1 March 2011 in accordance with the current legal situation (Section 30a (4)), shall continue to be no longer taken into account, even if the commission of these offences no longer than 1 March 2011 is no longer considered to be three years ago. "

11. In § 43, the following paragraph 18 is added:

" (18) § 1 (3), § 7 (3), § 14 (1), § 26 (1), (2a) and (3) and § 32b in the version of the Federal Law BGBl. I No 117/2010 come with 1. Jänner 2011 in force. § 30a (2) and (4) and 41 (10), respectively, as amended by the Federal Law BGBl (Federal Law Gazette). I No 117/2010 will enter into force on 1 March 2011. "

Fischer

Faymann