31. Federal Act amending the Act on driving licences (11). Driving license amendment)

The National Council has decided:

The Federal Act on driving licences (German driving licence Act-FSG), BGBl. I n ° 120/1997, as last amended by the Federal Law BGBl. I No 153/2006, is amended as follows:

1. In § 2 para. 2 Z 6 the word order is deleted " without prejudice to Article 5 of Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport, OJ L 327, 31.12.1985, p. No. OJ L 370, 31 December 1985, p. 1 et seq., .

§ 4a (2) and (3) are:

" (2) The provisions relating to the second phase of the training shall include holders of foreign EEA or non-EEA leftids who relocate their residence (Article 5 (1) (1)) to Austria after the acquisition of their steering authority abroad, even if an Austrian steering authority has been granted in accordance with section 23 (3).

(3) If the owner of an Austrian steering authority for class A or B has moved his residence abroad (Section 5 (1) (1) (1)) and subsequently remembers it again in Austria, the person concerned is required to complete the second Training phase shall only be required if, at the time of the re-establishment of residence (Section 5 (1) (1)), the acquisition of the steering authority shall not be longer than twelve months. "

3. In Section 4c (2), fifth sentence, the word shall be: "sixth" by the word "Seventh" replaced.

4. § 6 (1) (3) and (4) are:

" 3.		vollenized 18. Year of life:
a)			Class A, restricted to pre-stage A;
b)			Classes B and B + E;
c)			Classes C and C + E (restricted to subcategories C1 and C1 + E except in the cases of § 20 (2) and (3));
d)			Subclasses C1 and C1 + E;
e)			Class F.
4.		vollenge 21. Year of life:
a)			Class A (not including pre-stage A);
b)			Classes D and D + E. "

5. § 8 (1) second sentence reads:

" The medical opinion has to say, for which classes of steering authorization the applicant is suitable for health, must not be older than 18 months at the time of the decision and is from a registered in the medical list to establish a doctor in accordance with § 34. "

6. In Section 8 (3) (3) (3), the word "Defects" in each case replaced by the word "Impairments" .

7. In § 8 para. 6 Z 1 the phrase "Suffering or afflicting" replaced by the phrase "Health impairments" .

8. § 10 (2) reads:

" (2) candidates shall be admitted to the theoretical driving test in accordance with Section 11 (2) only if they

1.		are reliable,
2.		are suitable for health and
3.		have completed the theoretical training in the course of a driving school.
A separate physical proof of the completion of the theoretical training is not required. Candidates shall only be admitted for practical driving test if they have provided proof in accordance with § 3 (1) Z 5 and proof of the completion of the entire training required in each of the driving schools, and this training shall be carried out before the end of the examination. may not have been completed for more than 18 months. "

9. According to Article 11 (4), the following paragraph 4a is inserted:

" (4a) candidates for driving test for categories C and/or D as well as subclass C1, which are the basic qualification in accordance with § 19a (1) of the German Goods Promotion Act 1995-GütbefG, BGBl. No 593/1995, idF BGBl. I No 153/2006, Section 14b (1) Occasional Transport Act 1996-GelverkG, BGBl. No 112/1996 idF BGBl. I No 153/2006 or § 44b (1) of the Act on the Kraftfahrlintgesetz-KflG, BGBl. I n ° 203/1999 idF BGBl. I n ° 153/2006, the examination procedure referred to in paragraph 4 (3) (3) may be extended by 45 minutes to a total of at least 90 minutes. This test drive shall assess the rational driving behaviour and the observance of road safety and shall include driving on roads both inside and outside the local area and shall, where possible, in situations involving: of different traffic density. The first 45 minutes of this test shall be considered to be the examination procedure referred to in paragraph 4 (3) for the granting of the steering authority of the respective class and shall also be assessed separately. The examiner shall issue a confirmation to the candidate for the entire 90-minute driving test and to register in the register of driving licences. "

10. § 13 (1) last sentence reads:

" If the steering authority has been granted a limit, restriction or obligation, the candidate may, within two weeks after the completion of the practical driving test, request that a notice of determination on the issue of the steering authority be issued. shall be adopted. This request and the release of the notice of detention shall be exempted from fees and charges. "

11. § 14 (5) deleted.

12. In § 16a Z 2, at the end of the lit. (j) replace the stroke point with an accoration and the following lit. (k) added:

" k)			an indication as to whether the applicant wishes to acquire the basic qualification in accordance with Section 19a (1) of the GütbefG, § 14b Abs. 1 GelverkG or § 44b Paragraph 1 KflG as well as whether or not the practical driving test has been passed pursuant to Section 11 (4a) of the German Act on the Qualification of the German Legal Act (GütbefG).

13. In § 16a Z 5 lit. e omitted from the word sequence "and § 37a" .

14. In § 16a Z 13, after lit. e the following lit. f inserted:

" f)			the names, first names and date of birth of the driving instructors and driving school teachers, the classes or subclasses of the vehicle for which they are entitled to undertake the training and the period of validity of that entitlement; "

15. In § 16b, the following paragraph 8 is added:

" (8) The anonymized application data and data on issued driving licences issued by all driving licence authorities according to § 16a of the licence register shall be the subject of a data transmission for the purpose of establishing a national statistics of the The Federal Statistics Austria is to be transmitted free of charge to the Federal Statistical Office. "

16. In § 20 paragraph 2 Z 3 the phrase " Regulation of the Federal Minister for Economic Affairs, BGBl. No. 902/1995 replaced by the phrase " Regulation of the Federal Minister for Economic Affairs and Labour, BGBl. II No 190/2007 " .

17. In § 20 (3), the Z 3, 4 and 6 are deleted.

18. In § 23 (3), in the lead-in sentence after the word order "Non-EEA State" the phrase "or other territory" inserted.

19. In § 24 (4), third sentence, the word "Medical" replaced by the word "amtsmedic" and the word "Medical" by the word "amtsmedial" .

Article 30 (3) reads as follows:

" (3) Subject to the procedure referred to in paragraph 1, the holder of a steering authority granted in an EEA State which is domicated in Austria (Article 5 (1) (1)), the authority shall issue a withdrawal and the driver's licence shall be subject to the following: to be withdrawn and to be returned to the issuing authority. The authority also has to order the withdrawal of the steering authority of another EEA State if a person residing in Austria has obtained such a steering authority at a time when the steering authority already exists in Austria had been withdrawn due to lack of transport reliability. In this case, the steering authority shall be withdrawn at that time at which the withdrawal period already arranged ends. If a person residing in Austria who has been deprived of the steering authority in Austria for lack of health suitability has nevertheless acquired a steering authority in an EEA State, that authority shall be recognised unless, in accordance with § § 24 (4), the official medical report confirms that there is still no health non-propriation. "

(21) The following paragraph 4 is added to § 30:

" (4) After the expiration of the period of withdrawal, the person concerned has submitted an application for the issuing of an Austrian driving licence in accordance with § 15 (3) or, if the period of withdrawal was longer than 18 months, to the granting of an Austrian driving licence "

22. In § 30a (2) Z 12, after the reference "§ 102 (1) KFG 1967" the phrase " or § 13 para. 2 Z 3 Dangerous Goods Transport Act, Federal Law Gazette (BGBl). I No 145/1998 idF BGBl. I No 63/2007 " inserted.

23. § 31 (5) reads:

" (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. "

24. In § 34 (1) the following sentence shall be added at the end:

"The restrictions placed on certain authorities in the empowerment of the expert doctors shall be deemed not to be settled."

25. In § 36 paragraph 1 Z 1 lit. d becomes the quote "§ 16b (4)" replaced by the citation "§ 16b (1) and (4)" .

26. In § 43, the following paragraph 16 is added:

" (16) § 11 (4a) and 16a (2) (2) (2) shall enter into force on 10 September 2008 with regard to Class D, in respect of Class C and subcategory C1 on 10 September 2009. Section 20 (3) occurs three years after the German Federal Law has been held in the version BGBl. I n ° 31/2008 in force. "

Fischer

Gusenbauer