74. Federal Act amending the Act on driving licences (16). 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 52/2014, shall be amended as follows:

1. In Article 1 (3), the following sentences shall be inserted after the fourth sentence:

" In this case, a light pendant may be drawn. Other than light trailers may be drawn, provided that the maximum authorised mass of the combination of vehicles does not exceed 5500 kg. If the holder of the confirmation according to Z 3 also has the class BE, a trailer with a maximum authorised mass of not more than 3 500 kg may be drawn with a tractor with a maximum authorised mass of not more than 5 500 kg. "

2. In § 2 (1) Z 11:

" 11.		Class D1: motor vehicles with no more than 16 seats for persons transported, other than the steering wheel with a maximum total length of eight metres and designed and constructed for the carriage of passengers; "

3. § 2 para. 2 Z 1 reads:

" 1.		Classes AM, A1, A2, A: a trailer according to § 104 (5) KFG 1967; "

4. In § 2 para. 3 Z 6 the clip expressions are deleted "(D1E)" and "(D1)" .

5. In § 2 para. 4 Z 1 the word sequence shall be deleted. "with an output of more than 15 kW" .

6. In Section 3 (3) and Section 8 (6), the phrase "the Federal Minister for Social Security and Generations" replaced by the phrase "The Federal Minister for Health" .

(7) The following paragraph 6a is inserted in § 4a:

" (6a) The Commission referred to in paragraph 6 may decide, in order to verify compliance with the rules on the qualification of instructors and training places, that controls are necessary for the body carrying out the driving safety training. and carry out these. The executive body shall have access to the premises of the members of the Commission who have been sent to the Commission. to grant the training place and to participate in the checks accordingly. Where access is refused or where the control activity is hampered, the Authority shall be informed of the fact that the authority to revoke the authority has to be revoked. "

8. The following sentences are added in § 5 (2):

" Even if the person does not return to the place of personal ties on a regular basis, the place of personal ties shall be deemed to be a place of residence if the person in the other State is only holding himself for the execution of a contract of specific duration. The visit of a university or a school does not result in a transfer of residence. "

9. In Section 6 (1), the Z 4 is replaced by the phrase:

" 4. Class A: completed 20. Year of life in previous two-year possession of category A2-excluding three-wheel motor vehicles with a power of more than 15 kW,

4a. Class A: completed 21. Life year for three-wheel motor vehicles with an output of more than 15 kW-a breach of this provision does not constitute an infringement in accordance with Section 1 (3) of this Regulation, "

Section 7 (5) reads as follows:

" (5) However, criminal acts shall not be considered as certain facts within the meaning of paragraph 1 if the criminal act was committed more than five years ago. However, for the question of the valuation of certain facts as referred to in paragraph 3, criminal acts are to be used even if they were committed more than five years ago. "

11. § 10 para. 3 Z 2 reads:

" 2.		which have, or have possessed, a valid steering authority for the class in question in a non-EEA State. "

12. § 12 (2) last sentence reads:

"The test for class C1 may also be applied to a motor vehicle of category C and the test for class D1 may also be placed on a motor vehicle of class D."

Section 12 (3) is deleted.

14. In § 13 para. 1, first sentence, the word order shall be "Section 18a (1) and (2), respectively, last sentence" replaced by the phrase "§ 18a (1) and (2) penultimate sentence" .

15. In Section 16 (3) (1) (1) the word order shall be deleted "and the Federal Agency for Transport" .

16. The following paragraph 3a is inserted in § 16:

" (3a) The collection of information on persons stored in driving licence registers of other EEA States and the collection of data pursuant to § 16a to the competent authorities of other EEA States shall be carried out by means of remote data processing on the part of the Information system established by the European Commission for the purpose of such information communications, in accordance with Article 15 of Directive 2006 /126/EC, in which the national registers of each Member State are united. The search for data in the driving licence registers of other EEA states may only be carried out on the basis of the full input of first and last names and of the date of birth. "

17. In § 16a (1) Z 11 lit. i sublit. bb becomes the phrase "Bundesanstalt für Verkehr" replaced by the phrase "Federal Ministry of Transport, Innovation and Technology" .

18. § 16a (1) Z 14 reads as follows:

" 14.		Names of bodies authorised for retraining. "

19. In § 16b (3a), second sentence, the word order shall be "from the Federal Agency for Transport" replaced by the phrase "from the Federal Ministry of Transport, Innovation and Technology" .

20. In § 16b (4a) of the first sentence, the word order shall be "The Federal Agency for Transport" replaced by the phrase "The Federal Ministry of Transport, Innovation and Technology".

21. § 17 para. 2 Z 3 first half-sentence reads:

" 3.		Data according to § 16a paragraph 1 Z 4 lit. c to e and § 16a paragraph 1 Z 5 lit. (a) to (e) five years after the offence is committed, or five years after the date of delivery of the withdrawal or appellant, which has been prohibited; "

22. In § 17a (1), first sentence, the word order shall be "B and BE" replaced by the phrase "B and/or BE" .

23. § 20 sec. 2 Z 4 lit. b is:

" (b)			with which test drives are made on the road during repair or maintenance work. "

24. In § 20 (3), first sentence, the word order "D (D1) and DE (D1E)" replaced by the phrase "D and DE" .

25. In § 20 (3) Z 1 the phrase "a to c" replaced by the phrase "a or b" .

26. In the first sentence of section 22 (1) and (4), the word order is deleted. "as the Authority of First Instance" .

27. In § 22 (5), second sentence, para. 8, and in § 44 (3), first sentence, after the word "State Defense" the words "and Sport" inserted.

Section 23 (3a) reads as follows:

" (3a) Where a non-EEA driving licence is submitted in a procedure referred to in paragraph 3, the time limit of which has already expired, the applicant shall take a practical driving test, unless the applicant can demonstrate that the steering authority Despite the expiry of the time limit in the driving licence, it is still valid. If proof of the validity of the steering authority succeeds, a practical driving test shall be carried out only in those cases in which there is no equivalence in accordance with paragraph 3 Z 5. "

29. According to Article 24 (5), the following paragraph 5a is inserted:

" (5a) The authorised bodies shall have a partial amount to be deducted from each full traffic-psychological examination and from any retraining to the Austrian Transport Safety Fund. This amount shall be used for road safety work within the meaning of Section 131a (4) of the KFG 1967 and for the compilation of traffic accident statistics. The amount of this amount as well as the more detailed provisions on the manner of delivery of the amounts shall be determined by Regulation of the Federal Minister of Transport, Innovation and Technology. "

30. § 26 (5) reads:

"(5) A surrender in accordance with paragraph 1 or 2 shall be deemed to be the first time that a previously committed transgressing of the same species has already been completed for more than five years at the time of the commission."

31. In § 30 (2), first sentence, the word order shall be "Non-EEA steering authority or a foreign EEA driving licence (§ 1 para. 4)" replaced by the phrase "EWR- or non-EEA steering authority".

32. In § 30 (2), the third sentence shall be replaced by the following sentences.

" After the end of the period of withdrawal, the person concerned has to submit an application for the granting of an Austrian steering authority in the case of an EEA steering authority. In the case of a non-EEA steering authority, an Austrian steering authority must be granted on application in accordance with § 23; if the period of withdrawal has been longer than 18 months, in both cases an Austrian steering authority shall be granted after the drawing up of an Austrian steering authority. practical driving test. "

33. In § 30a (2) Z 11, before the number "96" Insert a paragraph character.

Section 32a (6) reads as follows:

"(6) If the holder of a fire brigade licence is in operation and directs a fire-fighting vehicle of categories C or C1 or of classes D or D1, § 20 (4) does not apply."

35. In 32b para. 1, the word order shall be "§ 1 para. 3 penultimate sentence" replaced by the phrase "§ 1 para. 3 fourth to sixth sentence" .

36. In § 33, paragraph 3, last sentence, after the word order "of a motor vehicle" the phrase "in Austria" inserted.

37. In Section 34a (4) Z 9, the phrase "by the Federal Agency for Transport" .

38. In § 34b (1) the word order shall be "Classes B and BE" replaced by the phrase "Class B" and Z 2 is deleted.

39. In Section 34b (2) (2), the word order shall be deleted "for the acquisition of the test authorization for class D1 and D, a steering authority for class C shall also be sufficient;" .

40. In § 34b (3), second sentence, the word order shall be " , D (D1), C1E, and DE (D1E) " replaced by the phrase "and C1E" and the following third sentence shall be inserted:

"A examiner may take driving tests for classes D (D1) and D1E if he has acquired the test authority for the class DE."

41. In § 34b (4), third sentence, the word order shall be "Classes B and BE" replaced by the phrase "Class B" .

42. In § 34b (7), first sentence and third sentence, the word order shall be "from the Federal Agency for Transport" through the phrase "from the Federal Ministry of Transport, Innovation and Technology" and in the second sentence, the phrase "the Federal Agency for Transport" through the phrase "The Federal Ministry of Transport, Innovation and Technology" replaced.

43. § 34b (8) reads:

" (8) The Governor of the State shall monitor the activity of surveyors and, where appropriate, prevent or counteract deficits by appropriate control measures. The Federal Ministry of Transport, Innovation and Technology has, in order to check the driving examiners ' control, annually a statistics of the driving examiners with the number of driving tests carried out by each examiner (broken down according to steering authority classes) as well as to produce the results of the exam. 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 State Governor or by the Federal Ministry of Transport, Innovation and Technology. By 28 February of each year at the latest, the Federal Ministry of Transport, Innovation and Technology has provided the Federal Ministry of Transport, Innovation and Technology with a report on the monitoring and audits carried out in the previous year. "

44. In Section 37 (6), the word order is deleted " , 19 para. 5 second sentence " .

45. In § 40 (5), first sentence, the reference "§ 20 (4)" replaced by the reference "§ 17a (2)" .

46. In § 41a, the following paragraphs 12 to 14 are added:

" (12) Procedure for the granting of the steering authority, which shall be before 1. After the legal situation in force until then, the pending legal situation should be brought to an end. Procedure for the withdrawal of the steering authority, which is before the 1. In the case of the absence of a place of residence (Article 5 (1) (1) (1)), it is necessary to discontinue and to proceed in accordance with Section 30 (1) instead.

(13) Paragraph 6 (1) (4a) is to be applied only if the handlebar has the steering authority for the class A after the 1. Jänner 2016 acquired.

(14) examiners up to the 19. January 2013 Driving tests for class D and DE have been taken off, may also continue to carry out driving tests for Class D (DE) and D1 (D1E), even if they do not have the test authorization referred to in § 34b (3) third sentence. This also applies to the reappointment of such examiners. Driving examiner, who is after the 19. January 2013 up to 1. As of 1 June 2016, the test authority for the class D (DE) and D1 (D1E) will have to be in possession of the test authority for the class DE. "The test for the class D (DE) and D1 (D1E) must be carried out on the basis of the (further) driving tests for the class D (DE) and D1 (D1E)."

47. In § 43, the following paragraph 23 is added:

" (23) § 1 para. 3, § 2 para. 2 bis 4, § 3 para. 3, § 4a para. 6a, § 7 para. 5, § 8 para. 6, § 10 para. 3, § 12 para. 2 and 3, § 13 para. 1, § 16 para. 3, § 16a para. 1, § 16b para. 3a and 4a, § 17 para. 2, § 17a para. 1, § 20Abs. 2 and 3, § 22 (1), (5) and (8), § 23 (3a), § 24 (5) (5a), § 26 (5), § 30 (2), § 32a (6), § 32b (1), § 33 (3), § 34a (4), § 34b (1), § 34b (4), 34b (7) and (8), § 37 Abs.6, § 40 (5) and § 44 (3) and (4) of the Federal Law BGBl. I No 74/2015 will be 1. October 2015, in force. § 5 (2), § 6 (1), § 16 (3a), § 34b (2) and (3) and § 41a (12) to (14) in the version of the Federal Law BGBl. I No 74/2015 will be 1. Jänner 2016 in force. "

48. In § 44 (4), the references "§ § 20 (4), 21 (2)" replaced by the reference "§ § 17a (2) insofar as it concerns stamp fees and administrative charges" .

Fischer

Faymann