93. Federal Law, with which the driving licence law (12. FSG-Novelle) and the Road Traffic Regulations 1960

The National Council has decided:

Article I

12. FSG novella

The driving licence law (FSG), BGBl. I n ° 120/1997, as last amended by the Federal Law BGBl. I n ° 31/2008 and by the amendment to the Federal Ministries Act, Federal Law Gazette (BGBl). I n ° 3/2009, shall be amended as follows:

1. § 1 (6) reads:

However, the steering of motor vehicles referred to in paragraph 5 shall be admissible only if:

1.		the handlebars of a motor vehicle referred to in paragraph 5 (1), the 16 Year of life has been completed;
2.		the handlebars of one of the vehicles referred to in paragraph 5 (2) and (3) shall be 15 However, the driver must have a Moped card (§ 31) which entitles the driver to steer the vehicle in question.
The possession of a Moped card for the steering of motor vehicles referred to in Z 2 shall not be required if the driver is in possession of a steering authority. "

2. § 4 (5) reads:

" (5) The owner of the steering authority shall, within the third prolongation of the probative period, enter into a new infringement in accordance with paragraph 6 or 7, the authority shall clarify the existence of the fitness for health by means of an amtsmedical opinion. and to arrange for a traffic-psychological investigation and, where appropriate, to withdraw the steering authority. "

3. In § 4 para. 8, second sentence, the word "sixth" by the word "Seventh" replaced.

4. In § 4c (2) fifth sentence, the word shall be: "Seventh" by the word "eighth" replaced.

5. § 11 (5) second sentence reads:

"If he has not passed the examination, he shall be notified of the justification for this and, if there is no practical examination, he shall pass the check on the protocol of the examination."

6. In § 16b (4) (2) (2), after the letter "j" the phrase "and k" inserted.

(7) In § 20 (4), the following sentence shall be inserted after the fifth sentence:

"Likewise, it is merely necessary to pay compensation for the issuing 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 of the Law on the Promotion of Goods."

8. In Article 21 (2), the following sentence shall be inserted after the fourth sentence:

" Likewise, it is merely necessary to provide a cost substitute for the issuing of the driving licence if the re-exhibition of the driving licence for the purpose of registering the completed further training in accordance with § 14c of the occasional transport law and § 44c of the The law on road transport is required. "

9. In § 24 (1), the following sentence shall be added at the end:

" For the period of a withdrawal of the steering authority for categories A, B or F, the steering of four-wheel light-weight vehicles shall also be prohibited, unless it is a question of:

1.		A withdrawal pursuant to section 24 (3) of the eighth sentence or
2.		A class A deprivation in the absence of health fitness, which is exclusively related to the steering of single-lane motor vehicles. "

10. In Article 24 (3), the following third sentence shall be inserted after the second sentence:

" The Authority shall, without prejudice to the provisions of paragraph 3a, and if it is not a trial licence holder, have a transport coaching in order to raise awareness of the special risks of the first-time transfer pursuant to Article 99 (1b) of the StVO 1960. Steering of motor vehicles under the influence of alcohol and its consequences, while committing a transfer pursuant to Section 99 (1b) of the StVO 1960 within five years from the commission of a surrender pursuant to Section 99 (1) to (1b) of the StVO 1960, however, a retraining period "

11. In § 24 (3) the following sentences are added:

" The Authority shall set a reasonable time limit within which traffic coaching is to be completed. If traffic coaching is not completed within this time limit, the authority shall withdraw the steering authority until the order has been followed. "

12. In § 24 (3a) the word "fourth" by the word "fifth" replaced.

13. In § 24, the following paragraph 6 is added:

" (6) Where transport coaching is not carried out in accordance with the rules or where maladministration has occurred, the authority of the body acting in its sphere shall, after having failed to remedy these deficiencies, have failed to comply with the rules. prohibit the implementation of traffic coachings until these shortcomings are remedied, but at least one month. The Federal Minister of Transport, Innovation and Technology has set out the more detailed provisions of the Regulation on

1.		the content and time of the traffic coachings
2.		the circle of persons entitled to carry out traffic coachings; and
3.		the cost of traffic coachings. "

14. § 26 (2) reads:

" (2) When steering or commissioning a motor vehicle

1.		For the first time an offence pursuant to section 99 (1) of the StVO 1960 is committed, the steering authority shall be withdrawn for a period of at least six months,
2.		an offence pursuant to section 99 (1) of the StVO 1960 is committed within five years from the commission of a offence pursuant to Section 99 (1) of the StVO 1960, the right to be guided is withdrawn for at least twelve months,
3.		an offence pursuant to Section 99 (1a) or (1b) of the StVO 1960 is committed within a period of five years from the commission of a offence pursuant to Section 99 (1) of the StVO 1960, the right to be leached is to be withdrawn to at least eight months,
4.		For the first time an offence pursuant to section 99 (1a) of the StVO 1960 is committed, the steering authority shall be withdrawn for a period of at least four months,
5.		an offence pursuant to Section 99 (1) of the StVO 1960 is committed within five years from the commission of a offence pursuant to Section 99 (1a) of the StVO 1960, the right to be guided shall be withdrawn to at least ten months,
6.		an offence pursuant to Section 99 (1a) of the StVO 1960 is committed within a period of five years from the commission of a offence pursuant to Section 99 (1a) of the StVO 1960, the right to be leached is to be withdrawn for at least eight months,
7.		an offence pursuant to Section 99 (1b) of the StVO 1960 is committed within five years from the commission of a offence pursuant to Section 99 (1a) of the StVO 1960, the steering authority shall be withdrawn to at least six months. Section 25 (3), second sentence is to be applied mutaly. "

15. In § 30b (3), at the end of the Z 4, the word "or" is replaced by a dash and at the end of the Z 5 the word "or" and then the following Z 6 shall be added:

" 6.		Courses on appropriate measures for child protection "

16. § 31 and headline is:

" Moped Card

§ 31. (1) The Moped card shall be issued by the authorized body, taking into account the provisions of para. 2, if the applicant

1.		the 15. Year of age,
2.		six lessons of theoretical training,
3.		have demonstrated sufficient theoretical knowledge,
4.		six units of instruction have completed practical training at the practice site,
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.		a declaration of consent of a legal guardian, provided that he/she has the 16. Year of life has not yet been completed,
8.		does not yet have a Moped card, and
9.		has confirmed in writing to the authorized body that there was no upright ban on the steering of the vehicle.
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.

(2) 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, four-wheeled light-weight vehicle, invalid motor vehicle) of his choice. The scope of authorization of the Moped card shall accordingly be restricted to the steering of vehicles of this category of vehicles. Where eligibility for more than one of the categories of vehicles referred to is requested, the practical training referred to in paragraph 1 (1) (4) shall be completed on vehicles of the category concerned. This shall also apply if, after the acquisition of the Moped card, an extension to other categories of vehicles is requested. 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. On the first page of the Moped card, the respective scope of authorization shall be made visible by means of stamps or other imprints. If the allowances are acquired for several categories of vehicles, they shall be grouped together in a Moped ID document.

(3) 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, a driving instructor or instructor may accompany a maximum of two candidates at the same time.

(4) If the requirements of § 15 (2) are fulfilled, the owner of the Moped card shall, if necessary, request the issuing of a new Moped ID (duplicate) in the same authorization scope immediately with the authorized institution. With the issuance of the new Moped card, the previous Moped ID will lose its validity and, if it is possible to do so, it shall be delivered immediately to the authorized institution.

(5) Before the completion of the 20. A motor cycle, a four-wheel light-weight vehicle and an invalid motor vehicle shall be put into service and steered only if the alcohol content of the blood is no more than 0.1 g/l (0.1 per mille) or the alcoholic strength of the Breathing air is not more than 0.05 mg/l.

(6) The Federal Minister for Transport, Innovation and Technology shall, in accordance with the requirements of road safety and the state of science and technology, adopt the provisions of this Regulation laying down detailed rules on

1.		the content, scope, nature and proof of the knowledge referred to in paragraph 1 (3),
2.		the technical and spatial conditions under which an authorisation pursuant to Section 36 (1) is to be granted and
3.		the form and the content of the identity card. "

17. In § 37a, the word order shall be "218 Euro to 3633 Euro" replaced by the phrase "300 Euro to 3700 Euro" .

18. § 40 (8).

19. In § 41, the following paragraph 9 is added:

" (9) In view of the changes made by BGBl. I n ° 93/2009 shall be subject to the following transitional provisions:

1.		Persons who:
a.			already in possession of a Moped card for motorcycles or invalidity vehicles according to the provisions in force until 1 September 2009, have only the practical training for the acquisition of a Moped card for four-wheel light-weight vehicles in accordance with § 31 (1) Z 4 on such a vehicle,
b.			already in the possession of a Moped card for four-wheel light-weight vehicles after the provisions in force until 1 September 2009, the issuing of a Moped card for an approved facility may be issued by 1 September 2011. motorcycles and/or invalidity vehicles without additional practical training; after that date, the training provided for in Article 31 (1) (4) must be completed on a vehicle of the category concerned;
c.			-if, before 1 September 2009, they have legitimately directed a motorbike without being in possession of a Moped card, a Moped card shall be issued by an authorized body on request by 1 September 2011. to issue motorcycles and/or invalids.
		The registration of additional permissions on existing documents of Mopedausreject is permitted, provided that these are valid in accordance with § 14, para. 4, second sentence.
2.		Applicants for a Moped ID card, which will take place on 1 September 2009, 15. The Moped pass may be completed by 1 March 2010 at the latest, or completed by 1 March 2010 at the latest and which have already begun with the training for the acquisition of a Moped Card, by 1 March 2010, applying the provisions currently in force. are issued. Applicants shall also be required to issue a Moped card for motorcycles and/or invalidity vehicles on request for a Moped card for four-wheel light-weight vehicles.
3.		Those procedures for the withdrawal of a steering authority, which were pending on 31 August 2009, are to be continued in accordance with the current legal situation. "

20. In § 43, the following paragraph 17 is added:

" (17) § 1 para. 6, § 4 para. 8, § 4c para. 2, § 24 para. 1, 3, 3a and 6, § 26 para. 2, § 30b para. 3, § 31, § 37a and § 41 paragraph 9 in the version of the Federal Law BGBl. I n ° 93/2009 will enter into force on 1 September 2009. '

Article II

Amendment of the Road Traffic Regulations 1960 (StVO 1960)

The Road Traffic Regulations 1960 (StVO 1960), BGBl. No 159, as last amended by BGBl. I n ° 16/2009, shall be amended as follows:

1. § 91 (4).

2. In Section 99 (1), the phrase "1162 Euro to 5813 Euro" through the phrase "1600 Euro to 5900 Euro" replaced.

(3) In § 99 (1a) the phrase shall be: "872 Euro to 4360 Euro" through the phrase "1200 Euro to 4400 Euro" replaced.

4. In § 99 (1b) the phrase shall be "581 Euro to 3633 Euro" through the phrase "800 Euro to 3700 Euro" replaced.

5. § 99 para. 2 lit. c is:

" (c)		Who as driver of a vehicle, eg when overtaking, as a waiting person or with regard to a general or road sign made known speed limit, under particularly dangerous conditions or with special Ruthlessness against other road users violates the provisions of this Federal Act or of the regulations adopted pursuant to this Federal Act, unless there is a surrender pursuant to para. 2d or 2e, "

6. In § 99 (2c), the Z 9 is deleted, and the paint at the end of the Z 8 is replaced by a point.

7. The following paragraphs 2d and 2e are inserted in § 99:

" (2d) An administrative surrender is to be punished with a fine of 70 to 2180 euros, in the case of its incriminality with Arrest from 24 hours to six weeks, to punish who the maximum permitted speed by more than 30 km/h exceeds.

(2e) An administrative surrender is to be punished and is punishable by a fine of 150 to 2180 euros, in the case of its incriminality with Arrest from 48 hours to six weeks, who is the maximum permitted speed in the local area by more than 40 km/h or outside the local area by more than 50 km/h. "

8. § 99 para. 3 lit. a is:

" (a)		who, as a driver of a vehicle, as a pedestrian, as a rider, or as a driver or guide of livestock, violates the provisions of this Federal Act or of the regulations adopted pursuant to this Federal Act, and does not comply with the terms of the para. 1, 1a, 1b, 2, 2a, 2b, 2c, 2d, 2e or 4 is to be punished, "

(9) § 100 (5) and (5a) are:

" (5) In the case of an administrative surrender pursuant to § 99 (1), 1a, 1b, 2, 2a, 2c or 2e, the provisions of § § 21 (2) and (50) of the German Act (VStG) shall not apply.

(5a) In the case of exceedances of more than 30 km/h in the case of measuring instruments, a maximum permitted maximum speed can be determined-provided that in such cases no circumstances within the meaning of § 99 (2) (lit). c or 2e are available-the provisions of § 50 VStG shall be applied with the proviso that fines of 70 euros shall be immediately lifted. "

10. In § 100, paragraph 5b receives the sales designation "5d" and the following paragraphs (5b) and (5c) shall be inserted after paragraph 5a:

" (5b) In the case of exceedances of the maximum speed permitted on motorways of 130 km/h with measuring instruments, it is not possible in such cases to exceed circumstances within the meaning of Article 99 (2) (2). c)-the provisions of § 50 VStG are applied with the proviso that:

1.		in the case of an established overrun of up to 10 km/h, a fine of 20 euros,
2.		in the event of an established overrun of more than 10 to 20 km/h, a fine of 35 euros and
3.		a fine of 50 euros in the event of an overrun of more than 20 to 30 km/h
it is immediately lifted.

(5c) In the case of exceedances of the maximum speed permitted on motorways of 130 km/h in the case of measuring instruments, provided that in these cases no circumstances within the meaning of Article 99 (2) (2) of this Directive, it is not possible to (c) the provisions of Section 49a of the VStG shall be applied with the proviso that:

1.		in the case of a detected overrun of up to 10 km/h, a fine of EUR 30,
2.		a fine of 45 euros and more than 10 to 20 km/h in the case of a detected overrun; and
3.		a fine of 60 euros in the event of an overrun of more than 20 to 30 km/h
is required by anonymization. "

11. In § 103, the following paragraph 8 is added:

" (8) § 99 para. 1 to 1b, 2 lit. c, 2c to 2e and 3 lit. a, and § 100 para. 5 to 5d in the version of the Federal Law BGBl. I n ° 93/2009 will enter into force on 1 September 2009. '

Fischer

Faymann