138. Federal law amending the Labour Law and the Labour Code Act

The National Council has decided:

Article 1

Amendment of the Working Time Act

The Labor Time Act, BGBl. No. 461/1969, as last amended by the Federal Law BGBl. I No 175/2004, shall be amended as follows:

1. In § 6 (1) (1) (1), the quote shall be: "§ § 3 to 5, 5a or 14 (2)" by quoting "§ § 3 to 5a" replaced.

Section 9 (2) and (3) reads as follows:

" (2) In the case of section 13b (2) and (3) (extension of working time for handlebars), the day-to-day working time may exceed ten hours and in the cases of § § 4a (3) (normal working time for shiftwork), 5 (willingness to work), 5a (special work) 3 to 6 (increased need for work), 8 (2) and (4) (preliminary and final works), 18 (2) (public transport undertakings) and 19a (2) (pharmacies) exceed ten hours in so far as this is the case under these provisions is allowed.

(3) The weekly working time may exceed 50 hours in the case of § 4c (Decade Work) and in the cases of § § 4a (4) (shiftwork), 5 (willingness to work), 5a (special recreational opportunities), 7 para. 2 to 5 (increased need for work), 13b para. 2 and 3 (extension of working time for handlebars), 18 (3) (public transport undertakings) and 19a (2) and (6) (pharmacies) exceed 50 hours in so far as this is permitted under these provisions. "

3. § 9 (5) Z 3 reads:

" 3.		Extension of working time pursuant to Section 13b (3) and "

4. § § 13 to 15e are replaced by the following § § 13 to 15f together with the headings:

" Subsection 4a

General

Definitions

§ 13. (1) Within the meaning of this Federal Law,

1.		a public road a road with public transport within the meaning of Section 1 (1) of the Road Traffic Regulations 1960, BGBl. No 159;
2.		A VO vehicle a motor vehicle that either
a)			for the carriage of goods and the maximum permissible laden weight of which, including trailers or semi-trailers, exceeds 3.5 tonnes, or
b)			is used for the carriage of passengers and is designed and equipped according to its design and equipment and designed to carry more than nine persons, including the driver,
		and that does not fall within the scope of an exception under Article 3 of Regulation (EC) No 561/2006;
3.		another vehicle of any motor vehicle which is not covered by Z 2;
4.		an analogue recording equipment shall be a recording equipment as defined in Annex I to Regulation (EEC) No 3821/85;
5.		a digital recording equipment is a recording equipment as defined in Annex I B to Regulation (EEC) No 3821/85.

(2) Where reference is made in this Federal Act to Regulation (EC) No 561/2006, this is a reference to Regulation (EC) No 561/2006 on the harmonisation of certain social legislation relating to road transport, OJ L 327, 30.12.2006, p. No. OJ L 102, 11.4.2006, p.

(3) Where reference is made in this Federal Act to Regulation (EEC) No 3821/85, this is a reference to Regulation (EEC) No 3821/85 on recording equipment in road transport, OJ L 327, 31.12.1985, p. No. OJ L 370, 31.12.1985, p. 8, as amended by Regulation (EC) No 561/2006.

Scope

§ 13a. (1) For the employment of drivers of motor vehicles on public roads, the provisions of Sections 2 to 3a shall apply with the derogations referred to in Articles 13b to 17c.

(2) The rules laid down in Regulation (EC) No 561/2006 also apply to the steering of VO vehicles on public roads which do not fall within the scope of Article 2 (2) of this Regulation.

(3) § § 14a to 15d are to be applied only to the steering of other vehicles.

Subsection 4b

Provisions relating to the handlebar directive

Working Time

§ 13b. (1) The working time for handlebars includes the driving times, the times for other work performances and the times of work readiness without the rest periods. If the daily rest period is divided or if the daily rest period is interrupted when combined transport is interrupted, a new working day shall begin after the end of the total rest period.

(2) The collective agreement, for establishments for which no collective agreement is effective, the operating agreement, may allow additional overtime hours in addition to the overtime permitted under section 7 (1). The maximum weekly working time shall not exceed 60 hours in individual weeks and 48 hours on average within a period of up to 17 weeks. The collective agreement, for establishments for which a collective agreement is not effective, the operating agreement, may extend the period of the conversion for up to 26 weeks for objective, technical or organizational reasons.

(3) By way of derogation from paragraph 2, the collective agreement, for establishments for which a collective agreement is not effective, may allow an average maximum working time of up to 55 hours, if at least the maximum working time of 48 hours is greater than 48 hours. hours of working hours in the form of willingness to work.

(4) The employer shall have the handlebars on the basis of the employment relationship or to ask in writing, prior to the initial use as a handlebar, to provide it with written records of all the hours worked by another employer who are not, in any case, due to the download of the driver's card in accordance with § 17a (2).

Rest breaks

§ 13c. (1) By way of derogation from Section 11 (1), the working time of the day shall be

1.		for a total duration of between six and nine hours, by a rest period of at least 30 minutes,
2.		for a total duration of more than nine hours, by a rest period of at least 45 minutes,
to interrupt. The rest period must be kept at the latest after six hours.

(2) The rest period may be divided into several parts of at least 15 minutes.

(3) For road transport with a line of no more than 50 km, the collective agreement may also allow the rest period to enter into a part of the contract, for establishments for which no collective contract is effective, by means of a contract of operation. of at least 20 minutes and one or more several parts of at least ten minutes are shared.

(4) In the event of a split of the rest period referred to in paragraph 2 or 3, the first part shall be observed after six hours at the latest.

Night Work

§ 14. (1) For the purposes of this provision:

1.		as night time between 0.00 am and 04.00 hours,
2.		as night work, any activity carried out during that period.

(2) The daily working time of a handlebar shall not exceed ten hours on days at which he is doing night work.

(3) The driver should be compensated for night work within 14 days by an extension of a daily or weekly rest period to the extent of the night work performed.

(4) The collective agreement, for establishments for which a collective agreement is not effective, the operating agreement, may, for objective, technical or organizational reasons, allow deviations from the provisions of para. 1 to 3.

(5) Section 12a (4) to (6) shall not apply.

(6) The definition of the night in accordance with Section 12a (1) remains unaffected with regard to the provisions of the sentence (§ 12c) and the right to information (§ 12d), the definition of the night in accordance with § 12b paragraph 2 Z 1 with regard to the investigations (§ 12b).

Subsection 4c

Special provisions for the steering of other vehicles

Steering Time

§ 14a. (1) Within the permitted working time, the total daily driving time between two rest periods shall not exceed eight hours. The collective agreement, for establishments for which a collective agreement is not effective, the operating agreement, may allow the driving time to be extended to nine hours, but twice a week, to ten hours.

(2) Within a week, the total driving time shall not exceed 48 hours. The collective agreement, for establishments for which no collective agreement is effective, the operating agreement, may allow an extension of the weekly driving time to 56 hours. Within a period of two consecutive weeks, the steering time shall not exceed 90 hours.

(3) In the event of an interruption of the daily rest period in the case of combined transport, a new daily driving time shall commenced after the end of the total rest period.

Steering pauses

§ 15. (1) After a driving time of not more than four hours, a steering break of at least 30 minutes shall be inserted.

(2) Times that the driver spends in the driving vehicle without steering it can be credited to steering pauses. Other work must not be carried out.

(3) Steering breaks must not be counted towards the daily rest period.

Handlebars in regional road transport

§ 15a. (1) The derogations provided for in paragraphs 2 to 5 shall apply to drivers in road transport with a scheduled route of no more than 50 km.

(2) By way of derogation from Article 12 (1), collective agreements may allow those days in which a daily rest period of at least twelve hours is observed to be taken in two or three sections, with one part being permitted to at least eight consecutive hours, and the remaining parts must be at least one hour each. In these cases, by way of derogation from § 13b (1), second sentence, a new day working time shall begin after the end of the at least eight-hour part of the rest period.

(3) By way of collective agreement, by way of derogation from § 12 (2), the daily rest period may be reduced three times per week to at least nine consecutive hours. If the daily rest period is reduced, an additional rest period shall be granted to the driver by the end of the following week to the extent of the shortening. This rest period, which is to be considered as compensation, shall be granted together with another rest period of at least eight hours.

(4) By way of derogation from Section 15 (1), a steering break of at least 45 minutes shall be inserted after a steering period of not more than four and a half hours. Collective agreement may allow this break to be replaced by

1.		multiple steering breaks of at least 15 minutes to be inserted into the driving time or immediately after the steering period in such a way that the driving time of four and a half hours must not be exceeded at the beginning of the last part of the steering period, or
2.		a driving pause of at least 15 minutes and a steering pause of at least 30 minutes, with the driving time of four and a half hours not exceeding the driving time at the start of the second steering period, or
3.		multiple steering breaks of at least 10 minutes, if the total duration of the steering breaks is at least one-sixth of the scheduled driving time, or
4.		a driving break of at least 30 minutes after an uninterrupted driving time of no more than four and a half hours.

(5) For establishments for which a collective agreement is not effective, the operating agreement may allow for derogations in accordance with paragraphs 2 to 4.

Combined transport

§ 15b. (1) The collective agreement may allow periods in which a handlebar accompanies a vehicle carried on a ferry or railway to be considered as a rest period or as a rest period. A rest period shall be given if:

1.		this period is at least three hours, and
2.		a bed or a sleeping cabin is available to the handlebar.

(2) By means of collective agreement, a two-time interruption of the daily rest period may be permitted if:

1.		times under the conditions of paragraph 1 are partly spent on land, partly on the ferry or by rail,
2.		the interruption does not exceed one hour, and
3.		A bed or a sleeping cabin is available to the driver during the entire daily rest period.

Prohibition of certain types of pay

§ 15c. Handlebars shall not be paid in accordance with the distance travelled or the quantity of goods transported, whether or not in the form of premiums or surcharges for such journeys or quantities of goods, unless such charges are not suitable for: are to affect road safety or to promote breaches of this federal law.

Deviations

§ 15d. If it is compatible with road safety, the handlebar may, in order to reach a suitable stopping place, derogate from § § 14a, 15, 15a and 15b as well as a regulation according to § 15e, insofar as this is necessary to ensure the safety of the Passengers, the vehicle or its cargo. The nature and reason of the deviation shall be noted

1.		on the record sheet, if the vehicle is equipped with an analogue recording equipment,
2.		on the expression of the recording equipment when the vehicle is equipped with a digital control unit,
3.		in the working timetable in the cases referred to in Article 16 (1) of Regulation (EC) No 561/2006,
4.		in the work-time drawings in the other cases.

Subsection 4d

Common provisions

Derogations from Regulation

§ 15e. (1) By regulation, derogations from the provisions of sections 12 and 13b to 15b or of Regulation (EC) No 561/2006 may be permitted for the vehicles registered in each case. Such regulations may be adopted only for national road transport and only for the motor vehicles referred to in Article 3 or 13 of Regulation (EC) No 561/2006, if:

1.		these deviations are necessary due to the type of transport, and
2.		the recovery of the handlebars is not impaired.

(2) In so far as the Federal Government is authorized to conclude governmental agreements pursuant to Art. 66 (2) B-VG, deviations in accordance with paragraph 1 may also be permitted for international road traffic.

Claims for damages and regressive claims

§ 15f. In the case of claims for damages and redress between employers and handlebars, the reason for the reduction or the complete exclusion of compensation or recourse claims in the sense of Section 2 (2) (2) (4) and (5) of the Service Liability Act (BGBl) shall be deemed to be the reason for the reduction or the total exclusion of claims. No 80/1965,

1.		the existence of a remuneration agreement within the meaning of § 15c,
2.		a breach by the employer of the obligation to provide information pursuant to Section 17c (1), or
3.		a breach of the provisions referred to in Article 28 (1a), (1) to (5), (7) and (8), or (1b) (1) to (3),
unless these violations could not have an impact on the occurrence of the damage or the loss of damage. "

Section 16 (1) reads as follows:

" (1) The time of use of the handlebars shall include the working time between two rest periods and the interruptions of working time. When the daily rest period is divided or if the daily rest period is interrupted in the case of combined transport, a new period of use shall begin at the end of the total rest period, in the case of the division of the daily rest period in the road transport service with a Line distance of not more than 50 km after the end of the at least eight-hour part of the rest period. "

6. § 17 (6) reads:

(6) If a motor vehicle exempted from Regulation (EEC) No 3821/85 is equipped with an analogue or digital recording equipment, the control device, the record sheets, the printouts or the driver card shall be used for the purpose of: Provisions in accordance with Article 6 (5) of Regulation (EC) No 561/2006, Articles 13 to 16 of Regulation (EEC) No 3821/85 and Article 17a. "

7. In § 17a (1) (1) (1), the quote shall be: " Kraftfahrgesetz 1967, BGBl. No. 267, " by quoting " Kraftfahrgesetz 1967 (KFG), BGBl. No. 267, " replaced.

8. § 17a (3) Z 1 lit. d is:

" (d)			immediately before or after the release of the vehicle, when the vehicle is leased or is subject to a comparable legal transaction, '

9. In accordance with § 17b the following § 17c is inserted:

" Information requirements

§ 17c. (1) The official notice in accordance with § 2 paragraph 2 of the Employment Contract Law Adaptation Act (AVRAG), BGBl. No 459/1993, in addition to all the information referred to therein, shall include a reference to the legislation referred to in Article 24 and to the possibilities for inspection.

(2) The employer shall, on request, hand out a copy of the work-time drawings to the worker. "

10. § 18 para. 1 Z 6 lit. c is:

" (c)			Aviation Safety Act-LSG, BGBl. N ° 824/1992, "

11. In § 18 (2), the word "Weekly working time" by the expression "weekly normal working time" replaced.

12. In § 18e, the quote " Regulation of the Federal Minister of Transport, Innovation and Technology on the requirements for the issuing of the AOC (AOC)-AOCV 2004, BGBl. II No 425/2004, " by quoting " Aviation Operator Certificate-Regulation 2004-AOCV 2004, BGBl. II No 425/2004, " replaced.

13. In § 20 (1) the quote shall be "14 to 15b" by quoting "13b to 15b" replaced.

14. In § 23, the quote "14 to 16" by quoting "13b to 15e, 16" replaced.

15. § 24 Z 3 reads:

" 3.		of Regulation (EC) No 561/2006 and

16. § 28 (1a) to (4) shall be replaced by the following (1a) to (5):

" (1a) Employers and their Plenipotentiaries, the

1.		Use the handlebars above the maximum limits of the working time in accordance with § 2 (2), § 13b (2) and (3) or § 14 (2), or refrain from the request pursuant to Section 13b (4);
2.		Do not grant rest periods pursuant to § 13c or periods of rest in accordance with Section 14 (3);
3.		Use the handlebars beyond the permitted steering time according to § 14a (1) and (2);
4.		Do not grant steering breaks according to § 15 or § 15a (4);
5.		the daily rest period shall not be granted in accordance with section 15a (1) to (3) or section 15b (2);
6.		Violate the recording requirements in accordance with § 15d;
7.		-Regulations pursuant to § 15e (1) or § 17 (3) or Government Convention pursuant to Section 15e (2) transact;
8.		Use the handlebars beyond the permitted time of use in accordance with § 16 (2) to (4);
9.		Violate the obligations relating to the travel book pursuant to Article 17 (1) and (2);
, provided that the act is not subject to a stricter penalty under other provisions, to punish the district administrative authority with a fine of EUR 72 to EUR 1 815.

(1b) Employers and their Plenipotentiaries, who shall:

1.		Use handlebars beyond the driving time allowed under Art. 6 (1) to (3) of Regulation (EC) No 561/2006;
2.		Do not grant any steering breaks pursuant to Article 7 of Regulation (EC) No 561/2006;
3.		do not grant the daily rest period referred to in Article 8 (2), (4) or (5) or Article 9 of Regulation (EC) No 561/2006;
4.		violate the obligations laid down in Article 6 (5) or (12), second sentence, of Regulation (EC) No 561/2006;
5.		violate the obligations laid down in Article 10 (2) of Regulation (EC) No 561/2006 in so far as they relate to Chapter II of this Regulation;
6.		the obligations relating to the scheduled timetable and the working timetable referred to in Article 16 (2) and (3) of Regulation (EC) No 561/2006,
, provided that the act is not subject to a stricter penalty under other provisions, to punish the district administrative authority with a fine of EUR 72 to EUR 1 815.

(1c) Employers and their Plenipotentiaries, who

1.		the obligations relating to the recording equipment, the record sheet, the expression referred to in Annex I B or the driver card in accordance with Art. 3 (1), Article 13, Article 14, Article 15, other than those referred to in (4) and (6) or Article 16 of Regulation (EEC) No 3821/85;
2.		comply with the obligations laid down in Article 10 (2) of Regulation (EC) No 561/2006, in so far as they relate to Regulation (EEC) No 3821/85;
3.		Violate the obligations relating to the digital recording equipment in accordance with § 17a;
4.		Violate the recording and retention requirements in accordance with Section 17b,
, provided that the act is not subject to a stricter penalty under other provisions, to punish the district administrative authority with a fine of EUR 218 to EUR 2 180, in the event of a repetition of 360 euros to EUR 3 600.

(1d) Employers and their Plenipotentiaries, who

1.		to employ workers beyond the working hours defined by a communication in accordance with § 18e, or
2.		do not grant these workers the daily rest periods defined by a communication pursuant to § 18e,
, unless the act has already been punished in accordance with Section 169 of the Aviation Act 1957, to punish the district administrative authority with a fine of 218 euros to 2 180 euros, in the event of a repeat of 360 euros to 3 600 euros.

(2) (1) to (1d) shall not apply where the offence has been committed by the institutions of a local authority. If a district administrative authority suspects an infringement by such an institution, it shall, if it is an institution of the federal or state government, send an indication to the supreme institution to which the infringement is suspicious organ (Art. 20 (1), first sentence B-VG), but in all other cases, to report to the supervisory authority.

(3) In the case of Section 13a (2), by way of derogation from § 44a Z 2 of the Administrative Criminal Law 1991 (VStG), BGBl. No 52, as an indication of the last administrative provision, the indication of the corresponding bid or prohibition of Regulation (EC) No 561/2006.

(4) For infringements of the legislation in international road transport referred to in paragraphs 1a to 1c, the limitation period shall be one year by way of derogation from Section 31 (2) of the German Law Enforcement Act (VStG).

(5) If the administrative violations referred to in paragraphs 1 to 1d have not been committed in the territory of the country, they shall be deemed to have been committed in that place where they have been established. "

17. § 32 Z 1 reads:

" 1.		Council Directive 2003 /88/EC of 4 November 2003 on certain aspects of the organisation of working time (OJ L 327, 30.12.2003, p. No. OJ L 299, 18.11.2003, p.

18. In § 32, at the end of the Z 5, the point is replaced by a stroke point and the following Z 6 is added:

" 6.		Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 201, 31.7.2002, p. No. OJ L 80, 23.03.2002 p. 35).

19. § 32b reads:

" § 32b. Collective agreements, which are limited to the regulations of individual working conditions and whose scope extends professionally to the vast majority of economic activities and spatially to the whole of the Federal territory, shall not be considered as Collective agreements within the meaning of Section 5 (2) and (3), Section 13b (2) and (3), Section 13c (3), Section 14 (4), Section 14a (1) and (2), Section 15a (5), § 16 (3) and (4) and Article 18 (5). "

20. The following paragraphs 4 and 5 are added to § 32c:

" (4) Sees a collective agreement or an operating agreement in the context of the admission of a working time extension pursuant to § 14 in the version before the entry into force of the amendments by the Federal Law BGBl. I n ° 138/2006, which is no longer admissible after the entry into force of these amendments, this provision shall apply from that date to the provisions of Section 13b (2) and (3) of the Federal Law Gazette of the Federal Republic of Germany (BGBl). I No 138/2006 to the maximum extent permitted.

(5) Up to the entry into force of the amendments to § 28 (1a) by the Federal Act BGBl. I n ° 138/2006 are to be punished by employers and their agents in accordance with Section 28 (1a) of this Directive, which

1.		Use the handlebars above the maximum limits of the working time in accordance with § 2 (2), § 13b (2) and (3) or § 14 (2), or refrain from the request pursuant to Section 13b (4);
2.		Do not grant rest periods in accordance with § 13c or periods of rest in accordance with § 14 (3). "

21. According to § 33 (1r) the following para. 1s and 1t are inserted:

" (1s) § § 6 para. 1, 9 para. 2, 3 and 5 Z 3, 13 para. 1, 13a para. 1, 13b, 13c, 14, 17a para. 1 and 3, 17c, 18 para. 1, 18e, 20, 23, 28 para. 5, 32 Z 1 and 6, 32b and 32c para. 4 and 5 in the version of the Federal Law BGBl. I No 138/2006 will enter into force on 1 July 2006. With this date, Section 13 (4) shall not apply.

(1t) § § 13 para. 2 and 3, 13a para. 2 and 3, 14a, 15 to 15f, 16 para. 1, 17 para. 6, 24 Z 3, 28 para. 1a to 4 as well as § 33 para. 5 in the version of the Federal Law BGBl. I No 138/2006 will enter into force on 11 April 2007. With this date, Section 13 (5) shall not apply. "

22. In § 33 (5), the expression "(EEC) No 3820/85" by the expression "(EC) No 561/2006" replaced.

Article 2

Amendment of the Labour Code Act

The Labour Rare Act, BGBl. No 144/1983, as last amended by the Federal Law BGBl. I No 175/2004 is amended as follows:

1. In the title of § 18, the word shall be: "aerodros" by the word "Airports" replaced.

2. § 22a reads:

" Certain motor vehicles

§ 22a. (1) Employment of drivers of motor vehicles covered by Regulation (EC) No 561/2006 on the harmonisation of certain social legislation relating to road transport, OJ L 327, 30.12.2006, p. No. 1., § § 2 to 5 and 19 shall not apply to the extent that they refer to the duration of the weekly rest period. For those drivers, provisions relating to the weekly rest period in accordance with this Regulation shall also apply to driving routes which do not fall within the scope of Article 2 (2) of this Regulation.

(2) § § 2 to 5 and 19, insofar as they refer to the duration of the weekly rest period, shall not apply to road transport with a linear route of no more than 50 km, if by collective agreement or operating agreement

1.		an extension of the daily driving time to more than twice a week has been authorised for nine hours (Section 14a (1) AZG); or
2.		an extension of the weekly driving time has been authorised (Section 14a (2) AZG).
In this case, § § 22b and 22c shall apply instead. "

§ 22c reads:

" Derogations

§ 22c. In the case of section 22a (2), if it is compatible with road safety in order to reach a suitable stopping place, the handlebar may derogate from § 22b to the extent necessary to ensure the safety of the passengers, of the vehicle, or of its cargo. The nature and reason of the deviation shall be noted

1.		on the display sheet, if the vehicle is equipped with an analogue recording equipment as defined in Annex I to Regulation (EEC) No 3821/85 on recording equipment in road transport, OJ L 327, 31.12.1985, p. No. 8., as amended by Regulation (EC) No 561/2006,
2.		on the expression of the recording equipment when the vehicle is equipped with a digital recording equipment as defined in Annex I B to Regulation (EEC) No 3821/85, as amended by Regulation (EC) No 561/2006,
3.		in the working timetable in the cases referred to in Article 16 (1) of Regulation (EC) No 561/2006,
4.		in the work-time drawings in the other cases. "

4. According to § 22c, the following § § 22d and 22e shall be inserted together with the headings:

" Information requirements

§ 22d. The official notice in accordance with § 2 paragraph 2 of the Labour Contract Law Adaptation Act (AVRAG), BGBl. No 459/1993, in addition to all the information referred to therein, shall also contain a reference to the legislation referred to in Article 23 and to the possibilities for inspection.

Claims for damages and regressive claims

§ 22e. In the case of claims for damages and redress between employers and handlebars, the reason for the reduction or the complete exclusion of compensation or recourse claims in the sense of Section 2 (2) (2) (4) and (5) of the Service Liability Act (BGBl) shall be deemed to be the reason for the reduction or the total exclusion of claims. No 80/1965,

1.		a breach by the employer of the obligation to provide information pursuant to Section 22d, or
2.		a violation of the provisions relating to weekly rest periods,
unless these violations could not have an impact on the occurrence of the damage or the loss of damage. "

5. The previous § 22d is given the designation § 22f.

6. § 27 reads:

" Penal Provisions

§ 27. (1) Employers and their agents, who are contrary to § § 3, 4, 5 (1) and (2), § 6, 6a, 7, 8 and 9 (1) to (3) and (5) or to § § 10 to 22b, 22c of the second sentence, 22f and 24 to 25a, unless the act is in accordance with other provisions of a to punish the district administrative authority with a fine of EUR 36 to EUR 2 180.

(2) Likewise, employers and their agents shall be punished who do not grant the weekly rest period referred to in Article 8 (6) and (7) or Article 12 (2) of Regulation (EC) No 561/2006.

(3) Where a district administrative authority suspects an infringement by an institution of a local authority, the authority, if it is a federal or national body, shall have an indication of the supreme body, which shall: the institution suspected of the infringement is subject, but in all other cases, to a complaint to the supervisory authority.

(4) In the case of Section 22a (1) second sentence, by way of derogation from § 44a Z 2 of the Administrative Criminal Law 1991 (VStG), BGBl. No 52, as an indication of the last administrative provision, the indication of the corresponding bid or prohibition of Regulation (EC) No 561/2006.

(5) By way of derogation from § 31 (2) VStG, the period of limitation shall be one year for breaches of the legislation in international road transport referred to in paragraph 2.

(6) If the administrative violations referred to in paragraphs 1 and 2 were not committed domestiy, they shall be deemed to have been committed in that place where they were established. "

7. § 32b Z 1 reads:

" 1.		Council Directive 2003 /88/EC of 4 November 2003 on certain aspects of the organisation of working time (OJ L 327, 30.12.2003, p. No. OJ L 299, 18.11.2003, p.

8. In § 32b, at the end of Z 5 the point is replaced by a stroke point and the following Z 6 is added:

" 6.		Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 201, 31.7.2002, p. No. OJ L 80, 23.03.2002 p. 35).

9. In accordance with § 33 (1k), the following paragraph 1l is inserted:

" (1l) The § § 22a, 22c to 22f, 27, 32b Z 1 and 6 as well as 34 para. 2 in the version of the Federal Law BGBl. I n ° 138/2006 will enter into force on 11 April 2007. '

10. In § 34, para. 2, the expression "(EEC) No 3820/85" by the expression "(EC) No 561/2006" replaced.

Fischer

Bowl