88. Federal Act to amend the Aviation Act and the Federal Act on the Interstate Air Transport 1997

The National Council has decided:

Article 1

Amendment of the Aviation Act

The Federal Act of 2 December 1957 on Aviation (Aviation Act), Federal Law Gazette (BGBl). N ° 253/1957, as last amended by the Federal Law BGBl. I n ° 27/2006, is hereby amended as follows:

1. § 12 (1) Z 3 reads:

" 3.		, in accordance with Regulation (EC) No 785/2004 on insurance requirements for air carriers and aircraft operators, OJ L 136, 30.4.2004, p. No. 1, or in accordance with Section 164. '

2. § 18 together with the title is:

" Prerequisites for the use of foreign aircraft in the flight

§ 18. (1) Civil aircraft registered in the foreign country may only be used in the flight if:

1.		the confirmations made by another State to be used in the flight by Austro Control GmbH or by a competent authority pursuant to § 140b have been recognised by a communication pursuant to paragraph 2, or
2.		the admissibility of use in the flight is deemed to be recognized under an intergovernmental agreement or under Community law, and the insurance equivalent to § 164 or to Regulation (EC) No 785/2004 are in place.

(2) Foreign confirmations of the permissible use of civil aircraft in the flight are by written communication at the request of the holder of the Austro Control GmbH or by a competent authority on the basis of a transfer pursuant to § 140b to be recognised when

1.		in the Member State concerned, the provisions relating to airworthiness, the operation of the flight, including the equipment necessary for the use in question, the operational activity and the maintenance of the airworthiness at least the same requirements, such as the corresponding Austrian provisions (equivalence),
2.		the applicant shall provide insurance for insurance in accordance with § 164 or Regulation (EC) No 785/2004; and
3.		the use of Austrian civil aircraft (§ 15) in the flight in the relevant other State under comparable conditions is accepted as admissible (reciprocity). The requirement of reciprocity does not apply where the State concerned is a party to the Agreement on the European Economic Area (EEA).
The equivalence of foreign assessments required in accordance with Z 1 may be accepted by Austro Control GmbH or by a competent authority on the basis of a transfer pursuant to § 140b, if the foreign customer is responsible for the equivalence of the foreign assessments. the authority or a body recognised by that authority has been confirmed in writing that the requirements corresponding to the Austrian legislation are met.

(3) The recognition referred to in paragraph 2 shall be conditional, limited or subject to conditions, in so far as it is necessary in the interests of aviation security. "

Section 19 (2) reads as follows:

" (2) Recognition of foreign confirmations of permitted use in the flight shall be revoked by Austro Control GmbH or by a competent authority based on a transfer pursuant to § 140b, if one of the conditions pursuant to section 18 (2) was no longer available or was not fulfilled at the time of recognition and this deficiency has still lasted or has been infringed. "

4. In § 20 (2), the expression "the Austrian rules" by the expression '§ 164 or Regulation (EC) No 785/2004' replaced.

5. § 90 with headline reads:

" Visualization in the land register

§ 90. The authority issuing the security zone regulation shall announce to the Court of Fundamental Rights which land is situated in the security zone. The Court of Appeal shall, in the case of such land, make it clear that it is a member of the security zone. "

6. In § 106 para. 1 lit. c will be the expression "insurance according to § 163 to 165" by the expression 'insurance equivalent to section 164 or to Regulation (EC) No 785/2004' replaced.

7. In § 110 lit. a is the expression " § 106 lit. a and b " by the expression "§ 106" replaced.

8. According to § 115, the following § 115a shall be inserted with the title:

" Under-sentence

§ 115a. An air carrier may be accused of failure to comply with any prohibitions arising out of Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of the Denied boarding and of cancellation or long delay of flights and repealing Regulation (EEC) No 295/91, OJ L 297, 21.7.1991, p. No. 1., which affects the general interests of consumers. The risk of a corresponding breach shall not exist if the air carrier, after having been reminded by a body entitled under subsection 2 within a reasonable period of time, has a reasonable amount of penalty (§ 1336 of the general civil code), which is a collateralised declaration of injunctions.

(2) The claim may be made by the Austrian Chamber of Commerce, the Federal Chamber of Labour, the Austrian Chamber of Labour, the Conference of Presidents of the Chamber of Agriculture of Austria, the Austrian Trade Union Confederation, the Association for Consumer information and the Austrian Senior Citizens ' Council are to be asserted.

(3) § § 24, 25 (3) to (7) and (26) of the Federal Act against the Unfair Competition 1984, BGBl. No 448/1984, apply mutatily.

(4) § 7 para. 2 first sentence and § 8 para. 2 of the jurisdiction standard, RGBl. No. 111/1895, are not to be applied. "

9. In § 129 (1) the number shall be: "20" by the number "25" replaced.

10. In § 132 (2), the expression "insurance corresponding to § § 163 to 165" by the expression 'insurance equivalent to section 164 or to Regulation (EC) No 785/2004' replaced.

11. In accordance with § 139, the following § 139a and title shall be inserted:

" Dispute Settlement

§ 139a. (1) Without prejudice to the jurisdiction of the ordinary courts, passengers and air carriers may face disputes or complaints concerning alleged contraventions or prohibitions arising out of Regulation (EC) No 261/2004 on a common Regulation on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, the Federal Minister for Transport, Innovation and technology. The Federal Minister for Transport, Innovation and Technology has to seek a friendly solution or to inform the parties of his view of the case. Air carriers shall be required to participate in such a procedure and to provide all information necessary for the assessment of the facts and to submit any necessary documents.

(2) The Federal Minister for Transport, Innovation and Technology has to publish guidelines for the implementation of the procedure provided for in paragraph 1 and in an appropriate form. The Directives shall in particular also set appropriate time limits for the termination of the procedure. "

12. The § § 146 to 168 are together with the headings:

" X. Part

Liability and insurance law

Section 1

Scope

Relationship with international law and the law of the European Community

§ 146. (1) The provisions of this Part shall lay down certain aspects of civil liability and civil liability insurance for damage caused by aircraft or an aeronautical device which is self-employed in the flight. They shall not be applied in so far as:

1.		liability in an international agreement or in Regulation (EC) No 2027/97 on air carriers ' liability in respect of the carriage of passengers and their baggage in the air transport sector, OJ L 206, 22.7.1997, p. No. OJ No L 285, 17. 1, as amended by Regulation (EC) No 889/2002, OJ L 327, 30.12.2002, p. No. OJ L 140, 30 May 2002, p. 2,
2.		the insurance obligation in Regulation (EC) No 785/2004 on insurance requirements for air carriers and aircraft operators, or
3.		Jurisdiction in an international agreement or in Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, OJ L 145, 31.7.2001.. No. OJ L 12 of 16. January 2001, p. 1, as amended by Regulation (EC) No 2245/2004, OJ L 327, 30.11.2004, p. No. OJ L 381, 28 December 2004, p. 10,
is regulated.

(2) Insofar as the provisions of this Part refer to the Special Drawing Rights of the International Monetary Fund (SDR), for the conversion, the respective amount shall be based on the value of the euro in relation to the Special Drawing Right at the time of payment major. In the case of judicial enforcement of the claim, the conversion of the date of the judgment shall be decisive.

Liability for postal items

§ 147. The liability for consignments which have been abandoned in the post and are carried on an aircraft shall be governed exclusively by the provisions of the Postrechtliche regulations.

Section 2

Liability for non-promoted persons and property

Third-party liability

§ 148. (1) If a person is killed or injured in the body by an accident during the operation of an aircraft or an aeronautical device which can be used independently in the flight, the holder of the aircraft or of the aircraft shall be liable for damage to the body or to the body. Aeronautical equipment, which can be used independently in the flight, to replace the damage.

(2) The holder of an aircraft or an aeronautical equipment which can be used independently in the flight shall not be liable in accordance with the provisions of this section, if:

1.		one person on board or on boarding or disembing is killed or injured on the body, or
2.		Damage caused by a person on board or an ascending or descending person, or which is in the custody of the holder during the air transport operation, as a cargo or a checked baggage allowance.

Section 149. (1) Those who, at the time of the accident, use the aircraft or the aeronautical device which can be used independently in the flight without the will of the holder, shall be liable in the place of the aircraft. In addition, the holder shall remain liable for the compensation of the damage if the use of the aircraft or of the aeronautical equipment which can be used independently in the flight has been made possible by its fault or the fault of those persons who have been have been active in the operation of the aircraft or of the aeronautical equipment which can be used independently in the flight.

(2) Paragraph 1 shall not apply if the user is employed by the holder for the operation of the aircraft or the aeronautical equipment which can be used independently in the flight, or if the aircraft or the aeronautical device which can be used independently in the flight is employed by the holder have been left. A substitute obligation of such a user to be deducted from the general civil law shall be excluded if he proves that the damage has not been caused by his fault.

(3) Users within the meaning of paragraphs 1 and 2 shall be any person who shall be entitled to the use of the aircraft or of the aeronautical equipment which is self-employed in the flight as such with the will of the authorities.

§ 150. If an aircraft or an aeronautical device which can be used independently in the flight has a plurality of holders, they shall be held liable to the undivided hand. The same is true of several people involved in an accident. However, each party shall be liable in accordance with the provisions in force for his replacement obligation and, in so far as his replacement obligation is limited, only up to the maximum liability amounts applicable to him.

Maximum liability amounts

§ 151. (1) The holder of the aircraft or of the aeronautical equipment which can be used independently in the flight shall be liable for any accident according to the maximum take-off mass MTOM (maximum take-off mass-MTOM) up to the following amounts:

1.		MTOM of less than 500 kg								750 000 SDRs;
2.		MTOM of less than 1 000 kg								1 500 000 SDR;
3.		MTOM of less than 2 700 kg								3 000 000 SDRs;
4.		MTOM of less than 6 000 kg								7 000 000 SDRs;
5.		MTOM of less than 12 000 kg								18 000 000 SDRs;
6.		MTOM of less than 25 000 kg								80 000 000 SDRs;
7.		MTOM of less than 50 000 kg								150 000 000 SDRs;
8.		MTOM of less than 200 000 kg								300 000 000 SDRs;
9.		MTOM of less than 500 000 kg								500 000 000 SDRs;
10.		MTOM equal to or greater than 500 000 kg								700 000 000 SDRs.

(2) For damage caused by a hang glider, paraglider, parachute or by an aeronautical device with a weight of less than 20 kg, the holder shall be liable for any accident up to an amount of 500 000 kg (500 to 500%). 000 SZR.

(3) One third of the sum referred to in paragraphs 1 and 2 shall be used for the compensation of property damage, two-thirds of the compensation for personal injury. If the maximum amount provided for the replacement of property damage or the replacement of personal injury is not or is not used in full, it may be claimed for the replacement of the damage of the other type.

(4) The liability of several holders of an aircraft or of an aeronautical equipment for an accident which can be used independently in the flight shall be limited by the maximum amounts laid down in paragraphs 1 to 3. In addition, each of the holders involved in an accident shall be liable up to the maximum amounts provided for it.

§ 152. (1) If an annual pension is to be paid instead of a capital amount, the capital value of the pension shall not exceed the maximum amounts in accordance with § 151.

(2) In the event that the compensation granted to several victims on the basis of the same event occurs, the maximum amounts pursuant to § 151 shall be reduced in proportion to the total amount of the compensation.

§ 153. The liability limits of § § 151 and 152 do not apply to damage caused by aircraft or an aeronautical device of the Federal Army or of the security authorities, which can be used independently in the flight, in the sense of Section 4 of the Security Policy Act, BGBl. No 566/1991.

Reliance and compensation claim

§ 154. (1) If the damage has been caused by several aircraft or more than an aeronautical device which can be used independently in the flight, and if the holders are obliged to a third party by law to compensate for damages, the ratio of the holders to each other shall be determined by the the obligation to replace and the extent of the replacement from the circumstances, in particular the extent to which the damage was mainly caused by the one or the other holder. The same shall apply to the mutual replacement obligation of the holders.

(2) Paragraph 1 shall apply mutatily if, in addition to the holder, another person is responsible for the damage.

Notification duty

§ 155. The injured party shall lose the compensation claims under this Section if he does not notify the person of the accident within three months of his knowledge of the damage and of the person of the holder. The loss of rights shall not occur if, according to the notification, a circumstance which is not to be represented by the injured party has been left or the holder has become aware of the accident in other ways within the time limit.

Section 3

Liability arising from the contract of carriage

Liability for passengers

§ 156. (1) If a passenger is killed or injured on board an aircraft or an aeronautical equipment which can be used independently in the flight, the carrier shall be liable for the compensation of the damage. The same shall apply if the accident occurs when entering or leaving the vehicle.

(2) The carrier shall be liable up to an amount of 100 000 SDRs per passenger, irrespective of whether he or his people are guilty of a fault. He shall not be liable for any damage which exceeds this amount if he proves that he/she is

1.		is not due to his fault or the fault of his people, or
2.		is solely due to culpable and unlawful conduct or ominous conduct of a third party.

(3) If a passenger is transported with a glider, an ultralight aircraft, an airplane, an outdoor swimming pool, a hang glider, a paraglider, a parachute or a motorised hanger or a paraglider, and is killed or injured in the body by an accident, the Carrier for the entire damage only if it is due to its fault or the fault of its people.

Contractual and performing carrier

§ 157. (1) The carrier in the meaning of this section shall be who has concluded the contract of carriage with the passenger or the sender or with a person acting for the passenger (sender) (contractual carrier) and who, on the basis of an agreement with the The contractual carrier shall be entitled to carry out the transport in whole or in part (carrying out carrier). The entitlement shall be presumed until the contrary is proved.

(2) The executing carrier and the contractual carrier shall be liable for the replacement of the damage to the undivided hand, but the performing carrier shall be liable only for the part of the carriage which he carries out.

Liability for goods carried

§ 158. (1) The carrier shall be liable for the damage caused by the destruction, loss or damage of cargo or luggage during the transport, in the case of unspecified luggage and personal items of the passenger, however, only if the damage is due to his fault or the fault of his people. The carriage shall include the period during which the freight or baggage allowance is located on an aerodrome, on board or, in the case of landing, outside an airport, otherwise in the custody of the carrier.

(2) The carrier shall not be liable if the damage is due only to the peculiate nature of the cargo or luggage or to a defect inherent in that nature.

§ 159. In addition, the carrier shall not be liable for the destruction, loss or damage of cargo, if it proves that the damage is only caused by

1.		the defective packaging of the cargo by a person other than the carrier or his/her people,
2.		a war, a belligerent company, a civil war, a riot, or an uprising, or
3.		A sovereign act in connection with the import, export or transit of the cargo
has been caused.

Limitations of liability

§ 160. (1) In the case of carriage of luggage or cargo, the liability for slight negligence shall be the case of destruction, loss or damage in the case of cargo with an amount of 17 SDRs per kilogram, in the case of baggage with an amount of 1 000 SDRs.

(2) Moreover, agreements which exclude or restrict the liability of the carrier from the contract of carriage shall be ineffective.

Section 4

Common rules on liability

Co-inflicted by the injured party

Section 161. If the injured party or someone whose conduct he is responsible for is guilty of a fault, § 1304 of the General Civil Code (ABGB) shall apply in a reasonable manner.

Application of the ABGB

§ 162. (1) Unless otherwise provided in this Federal Act, the ABGB shall apply to the compensation claims provided for in this Act.

(2) Provisions of the ABGB and other provisions, after which damage to a further extent and by persons other than those under this Federal Act must be replaced, shall remain unaffected.

Place of jurisdiction

§ 163. (1) For claims made on the basis of the 2nd and 3. The Court of First Instance has jurisdiction over the part of this part, in which the accident occurred in the event of the accident. In the case of this court, other claims derived from the claim against the holder or carrier, or any other person liable for replacement, can also be asserted.

(2) The court of the place of destination shall also have local jurisdiction in cases of legal proceedings brought about by § § 156 to 159.

Section 5

Insurance and advance duty

Liability insurance

§ 164. (1) The holder of an aircraft or an aeronautical device which can be used independently in the flight shall be used to cover claims for damages by persons or for objects which are not in the aircraft or in the aircraft which can be used independently in the flight. shall be carried out at least by means of the amounts provided for in Article 151.

(2) The holder of an aircraft or an aeronautical device which can be used independently in the flight shall be liable for liability insurance over an insurance sum of at least one passenger seat in order to cover the claims for compensation of passengers per passenger seat. 250 000 SDRs. In the case of an aircraft or an aeronautical device with an MTOM of up to 2 700 kg, which can be used independently in the flight, the sum insured for non-commercial flights must be at least 100 000 SDRs.

(3) An insurance obligation pursuant to paragraphs 1 and 2 shall not apply if the federal government, a country, a community association or a local community with more than 50 000 inhabitants of the owners of the aircraft or of the aeronautical equipment which can be used independently in the flight is.

Advance duty

§ 165. (1) In the cases referred to in Article 156 (1), the carrier shall immediately, at the latest within 15 days after determining the identity of the natural person entitled to replacement, have an advance in order to cover their immediate economic needs. Free flights within the scope of air transport are not affected by this.

(2) The amount of the advance shall be determined by the seriousness of the case; in the event of death, the advance shall be at least 16 000 SDRs per passenger.

(3) The performance of the advance does not constitute an acknowledgement of liability. The advance can only be reclaimed in the cases of § 161 or then, if the person who received the advance is not entitled to compensation for the damage.

(4) Insofar as an advance is made, any claims for damages by the injured party shall be extingutised. The beneficiary of the advance payment shall not be obliged to issue the advance, except in the cases referred to in paragraph 3, second sentence.

Direct Klaequitable

§ 166. The injured party may also assert the claim for damages under the insurance contract in question against the insurer. The insurer and the insured person shall be liable for the undivided hand. If the insured risk is borne by several insurers, they shall be liable to the injured party for the undivided hand.

Principles for insurance

§ 167. (1) The display of a circumstance that does not exist or the termination of the insurance contract in the sense of § 158c (2) of the Insurance Contract Act 1958, BGBl. No. 2/1959, is to be addressed to the Austro Control GmbH. The competent authority within the meaning of Article 5 (1) of Regulation (EC) No 785/2004 on insurance requirements for air carriers and aircraft operators is Austro Control GmbH.

(2) The insurer and the insured person shall immediately notify the Austro Control GmbH of any termination of the insurance relationship and any interruption of the insurance cover before the expiry of the insurance period.

(3) In so far as the assessment of the permissible use in the flight is to be carried out by a competent authority on the basis of a transfer pursuant to § 140b, the notification referred to in paragraphs 1 and 2 shall be addressed to that authority.

Proof of insurance

§ 168. (1) The insurer shall, after taking over the obligations arising out of a prescribed liability insurance, have to issue the policyholder for free a confirmation of the assumption of these obligations (proof of insurance).

(2) The insurance certificate of the upright insurance in accordance with § 164 (1) and (2) shall be carried on on the aircraft and at any time at the request of the institutions of the supervisory authority, the organs of Austro Control GmbH or the competent authority pursuant to § 167 (3). Authority and others, with the monitoring of compliance with the legal and safety regulations in force in the aviation sector (§ 119 lit. (e) to submit persons (§ 120). "

Section 169 (1) Z 3 reads as follows:

" 3. a)			Council Regulation (EEC) No 2407/92 of 23 July 1992 on the granting of operating licences to air carriers,
b)			Regulation (EC) No 2027/97 on the liability of air carriers in the carriage of passengers and their luggage in the air transport sector, as amended by Regulation (EC) No 889/2002,
c)			Regulation (EC) No 785/2004 on insurance requirements for air carriers and aircraft operators,
d)			Council Regulation (EEC) No 95/93 on common rules for the allocation of slots at Community airports, as amended by Regulation (EC) No 793/2004,
e)			Regulation (EC) No 1702/2003 laying down detailed rules for the application of the airworthiness and environmental events applicable to aircraft and related products, parts and equipment and to the approval of development and development manufacturing operations,
f)			Regulation (EC) No 2042/2003 on the maintenance of the airworthiness of aircraft and aeronautical products, parts and equipment and the granting of authorisations for organisations and persons carrying out those activities running,
g)			Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, or "

Section 173 is added to the following paragraph 26:

" (26) § 12 para. 1, § 18 with title, § 19 para. 2, § 20 para. 2, § 90 including title, § 106 para. 1, § 110, § 115a including title, § 129 para. 1, § 132 para. 2, § 139a including headline, the title of the X part, the section names of the X. § § § 146 to 168, together with the headings and section 169 (1), in the version of the Federal Law BGBl. I No 88/2006, will enter into force on 1 July 2006. § § 146 to 168 shall apply to damages which have been caused after this date. § § 146 to 168 are to be applied further in their previous version for damages that have been caused in advance. "

Article 2

Amendment of the Federal Act on the Interstate Air Transport 1997

The Federal Act on the Interstate Air Transport 1997, BGBl. I n ° 101/1997, as last amended by the Federal Law BGBl. I No 173/2004, shall be amended as follows:

1. § 2 reads:

" § 2. (1) Interstate agreements with third countries on air transport (air service agreements) are without prejudice to other relevant statutory provisions, in accordance with the provisions of this Federal Act and taking into account to conclude aviation policy principles by the Federal Government.

(2) The preparation and negotiation of air transport agreements is the responsibility of the Federal Minister for Foreign Affairs in agreement with the Federal Minister for Transport, Innovation and Technology. However, as far as questions of air transport policy are concerned, the Federal Minister for Transport, Innovation and Technology is responsible for this. The Federal Minister of Foreign Affairs may be responsible for the application of § 15 of the Federal Ministries Act 1986, BGBl. No 76/1986, as amended, to the Federal Minister for Transport, Innovation and Technology. "

2. In § 10 sec. 1 Z 2 the expression "Insurance in accordance with § § 163 to 165 of the Aviation Act" by the expression " of Regulation (EC) No 785/2004 on insurance requirements for air carriers and aircraft operators, OJ L 327, 30.11.2004, p. No. OJ L 138, 30 April 2004, p. 1, corresponding insurance policies replaced.

3. In § 10 (3), after the turn of the "pursuant to para. 1 and 2" the phrase "may only be granted if there are no public interests, in particular the interest of aviation security and the interest of the Austrian air transport industry, and" inserted.

4. The following paragraph 6 is added to § 18:

" (6) § 2, § 10 (1) and (3) and § 19 in the version of the Federal Law BGBl. I No 88/2006 will enter into force on 1 July 2006. '

5. § 19 (3) and (4) deleted.

Fischer

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