Advanced Search

Amend The Federal Road Toll Act 2002, The Asfinag Act And The Asfinag Empowerment Act 1997

Original Language Title: Änderung des Bundesstraßen-Mautgesetzes 2002, des ASFINAG-Gesetzes und des ASFINAG-Ermächtigungsgesetzes 1997

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

26. Federal Act, which amends the Bundesstraßen-Mautgesetz 2002, the ASFINAG Act and the ASFINAG Act of Inpowerment in 1997

The National Council has decided:

Article 1

Amendment of the Bundesstraßen-Mautgesetz 2002

The federal law on the toll collection on federal roads (Bundesstraßen-Mautgesetz 2002-BStMG), BGBl. I No 109/2002, shall be amended as follows:

1. In the table of contents, the line Section 29 Participation of the institutions of the supervision of the road and the customs authorities through the row "§ 29 Participation of the institutions of the supervision of the road" and the line "§ 32 Road use levy" through the row "§ 32 Road Segregation Laws" replaced.

2. In § 5 (2), first sentence, the word "or" .

3. In § 6, the word "maximum permissible" through the phrase "highest permissible" and the following sentence shall be added:

"Multi-track motor vehicles which have never been admitted to the market and which carry a test drive or transfer mark shall be subject to the driving-performance-dependent toll, provided that their own weight is more than 3.5 tonnes."

4. § 7 reads:

" § 7. (1) The tolls shall be paid by the use of approved equipment for the electronic payment of the toll by way of the debit of toll credits or of the approved settlement in retrospect. The Autobahnen-und Schnellstraßen-Finanzierungs-Aktiengesellschaft has to use the technology referred to in Article 2 of Directive 2004 /52/EC in order to develop the toll.

(2) The motorways and expressways financing-limited company may allow other forms of toll payment and, for equipment for electronic payment of the toll, require an appropriate cost rate which is subject to the prohibition of discrimination on the part of the Article 7 (4) of Directive 1999 /62/EC is in accordance with Article 7 (4).

(3) The motorways and expressways-financing-limited company shall offer the European electronic toll service in accordance with Articles 3 and 4 and the Annex to Directive 2004 /52/EC.

(4) The more detailed provisions relating to equipment, the approval and use of equipment, the debiting, settlement and other forms of toll payment and the European electronic toll service must be taken in the toll system.

(5) The Autobahnen-und Schnellstraßen-Finanzierungs-Aktiengesellschaft has to ensure that the motor vehicle drivers can equip their vehicles with devices for electronic payment of the toll prior to the use of tolls. "

5. In § 9 (2), after the word "Pendant" the phrase "irrespective of the maximum permissible total weight of the trailer" inserted.

6. In § 9 (4), the last sentence is:

"The amounts shall be rounded off to a total of ten cents, with the minimum tariff, irrespective of the length of the toll section, to be ten cents."

7. In § 10 (2) (1) (1), the word "Übelbach" through the phrase "Connection point Übelbach" replaced.

8. In § 10 (3), the first sentence reads:

"Multi-track vehicles which have never been admitted to the market and which carry a test drive or transfer mark shall be subject to the time-dependent toll, provided that their own weight is not more than 3.5 tonnes."

9. In Section 13 (1), the phrase " in the public interest vehicles of certain user groups, in particular those in § 2 of the Road Use Procurement Act, BGBl. No 629/1994, ' replaced by the phrase "Vehicles whose use is in the public interest".

10. In Section 13 (2), the word order shall be "The Federal Offices for Social Affairs and the Disabled have" through the phrase "The Federal Office of Social Affairs and the Disabled has" , the phrase "The Federal Offices for Social Affairs and the Disabled are" through the phrase "The Federal Office of Social Affairs and the Disabled is" and the phrase "the Federal Offices for Social Affairs and the Disabled" through the phrase "the Federal Office of Social Affairs and the Disabled" replaced; the phrase "in her Sprengel" is due to the phrase "domestic" replaced.

11. § 15 para. 1 Z 5 reads:

" 5.

provisions concerning the approval of equipment for the electronic payment of tolls, their attachment to or in the vehicle, their use and the European electronic toll service (Article 7 (1) to (3)); "

12. In § 15 (1) Z 9, the parenthesis shall be "(§ § 11 (1) to (3), 32 (6))" by the parenthesis expression "(Section 11 (1) to (3))" .

13. § 15 para. 1 Z 14 reads:

" 14.

Provisions concerning the proof of the self-weight of multi-track vehicles which have never been admitted to the market and which lead to a test drive or transfer mark (§ § 6, 10 para. 3); "

14. In § 15 (2) (1) (1), the word "or" .

15. § 18 para. 2 reads:

" (2) For the purpose of checking the correct payment of tolls and the implementation of traffic surveys (such as traffic censuses, etc.). ) the supervisory authorities shall be entitled to call on motor vehicles to stop by clearly visible or audible signs, to stop them, to identify the identity of the handlebar and the licence holder and to hold the vehicle, in particular: the device for the electronic payment of the tolls, the affixing of the vignette, the tachograph, the distance measuring device and the recording equipment provided for in Regulation (EEC) No 3821/85, OJ L 327, 31.12.1985, p. No. 8), as last amended by Regulation (EC) No 432/2004, OJ L 327, 30.12.2004, p. No. OJ L 71 of 10 March 2004, p. 3. [0050] Motor vehicle control arms have the request to act as a result of being involved in the determination of identity and to tolerate the checking of the vehicle. In matters relating to road transport specially trained inspection bodies shall be responsible for these purposes after a prior consultation with the authority responsible for the handling of the traffic police and the operational arrangements with the local authorities. The competent authority of the Federal Police shall be entitled to order the traffic restrictions, if necessary, for reasons of road safety, in the area of toll-checkpoints and by road signs and, if necessary, to make a necessary provision with To make light signs. For the application of these measures, § 44b (2) to (4) Road traffic regulations apply in 1960, BGBl. No. 159. "

16. In § 19, paragraphs 2 to 6 are replaced by the following paragraphs 2 to 7:

" (2) The mouse supervisory bodies are authorized to ask the handlebars for payment of a replacement toll on the occasion of entering into administrative transgressions according to § 20. The institutions of the supervision of the road are authorized to ask the handlebars orally for the payment of a replacement toll on the occasion of the boarding of administrative transgressions according to § 20 para. 1. The request will be complied with if the handlebar pays the appropriate replacement toll without delay. A certificate must be issued on this basis.

(3) In the event that no specific person can be complain of an administrative surrender in accordance with Section 20 (1), the mouse supervisory bodies are authorized to submit a written request to the vehicle for payment of the Spare toll to leave. The request shall contain an identification number and a account number. You will be satisfied if the replacement toll is credited to the specified account within two weeks from the date of the request and the transfer order will provide the automatic, readable, complete and correct identification number. .

(4) If an administrative surrender pursuant to § 20 does not apply, the Autobahnen-und Schnellstraße-Finanzierungs-Aktiengesellschaft is authorized to write the approval holder in writing in the event of an administrative surrender pursuant to § 20 (1). call for the payment of a replacement toll, provided that the suspicion of automatic supervision is based, in the event of an administrative surrender pursuant to § 20 para. 2, to require the approval holder in writing to pay a replacement toll, provided that the suspicion is on automatic monitoring or on the merit of a the body of public supervision. The request shall contain an identification number and a account number. You will be satisfied if the replacement toll is credited to the specified account within three weeks from the date of delivery of the request and the transfer order will provide the automatic, readable, complete and correct identification number. .

(5) If an administrative surrender pursuant to Article 20 (2) does not apply, the mouse supervisory bodies are authorized to take control of the proper payment of the toll of that vehicle with which the act was committed, the to request authorisation holders orally for the payment of a replacement toll, provided that the suspicion of an administrative surrender is based on automatic supervision or on the official perception of an organ of public supervision in accordance with Section 20 (2) and the It has not already been barred. The invitation shall be sent to the handlebar, who shall be the representative of the authorisation holder in respect of the performance of the replacement toll. You will be satisfied if the handlebar pays the replacement toll without delay. A certificate must be issued on this basis.

(6) Subjective rights of the handlebar and the authorisation holder for oral or written requests for the payment of a replacement toll do not exist.

(7) Where it is determined in the toll system that the replacement toll can also be paid in certain foreign currencies or settled unably, payments shall also be accepted in these forms by the toll-supervisory authorities. Fees, expenses and charges are to be borne by the bricklayer. "

17. In § 27 (1) the expression "§ 20 (2)" by the expression "§ 20" replaced.

18. § 28 reads:

" § 28. (1) Under the conditions laid down in § 27 (1) and (2), the mouse supervisory bodies may order the interruption of the journey and their continuation through appropriate arrangements (acceptance of the vehicle keys and the vehicle documents, affixing the vehicle). technical locking on the vehicle, parking at a suitable location, etc. ) prevent, as long as the provisional security is not provided. This should be done with the possible protection of the person, and the principle of proportionality must be respected.

(2) If the interruption of the journey in accordance with paragraph 1 is not cancelled within 72 hours, the authority may seize the motor vehicle as a security. Section 37 (3) to (6) of the VStG is to be applied mutaly. "

19. In § 29, the title shall be: "Participation of the institutions of the supervision of roads and of the customs authorities" by the heading "Participation of the institutions of road supervision" shall be replaced by .

20. § 29 (1) reads:

" (1) The organs of road supervision (Section 97 (1) Road Traffic Regulations 1960, BGBl. No. 159) have to participate in the enforcement of the provisions of this Federal Act concerning the time-dependent toll:

1.

by monitoring compliance with its rules,

2.

by means of measures necessary for the initiation and implementation of administrative criminal proceedings,

3.

by receiving payments pursuant to section 19 (2) from the date of receipt of an administrative surrender pursuant to § 20 (1). "

21. The first sentence is deleted in Section 29 (3).

22. § 30 (1) reads:

" (1) The Federal Minister of the Interior has to communicate from the evidence in accordance with Section 47 (4) of the Motor Vehicle Act 1967 of the motorways and expressway financial corporation on request the vehicle-related data of motor vehicles, to the extent that: for the automatic monitoring of compliance with the rules on the payment of travel-related and time-dependent tolls. "

23. In § 30 (2) the expression " Section 19 (3) " by the expression "§ 19 (4)" replaced.

24. In § 31, the sales designation shall be deleted "(1)" and paragraphs 2 to 6 are deleted.

25. § 32 together with the title is:

" Road segregation laws

§ 32. The use of the tolls referred to in Article 10 (2) with single-lane motor vehicles and with multi-lane motor vehicles, the maximum permissible gross laden weight of which is not more than 3,5 tonnes, shall be subject to the design of the provisions of the Arlberg Schnellstraßen-Funding Act, BGBl. N ° 113/1973, the Federal Law on the Financing of the Innsbruck-Brenner motorway, BGBl. No. 135/1964, the Karawanken-Autobahn-Financing Act, BGBl. No 442/1978, the Pyhrn Highway Finance Law, BGBl. No. 479/1971, and the Tauernautobahn Finance Act, BGBl. No. 115/1969. "

26. In § 33, the following paragraph 4 is added:

" (4) § § 6, 10 para. 3 and 15 para. 1 Z 14 in the version of the Federal Law BGBl. I n ° 26/2006 will enter into force on 1 July 2006. '

27. § 37 reads:

" § 37. This federal law lays down the provisions of Directives 1999 /62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures, OJ L 327, 22.6.1999, p. No. 42, and to Directive 2004 /52/EC of the European Parliament and of the Council of 29 April 2004 on the interoperability of electronic road toll systems in the Community, OJ L 187, 20.7.2004, p. No. OJ L 166 of 30 April 2004, p. 124, as amended by the corrigendum, OJ 2004 L 166, p. No. OJ L 200 of 7 June 2004 p. 50. '

28. § 38 reads:

" § 38. With the enforcement of this federal law is entrusted:

1.

§ 1 (2), § § 9 to 12, § 13 para. 1 and 3, § § 14, 15, 19 and § 32 of the Federal Minister of Transport, Innovation and Technology in agreement with the Federal Minister of Finance;

2.

as regards Section 13 (2), first and second sentence, of the Federal Ministers for Social Security, Generations and Consumer Protection in agreement with the Federal Minister for Transport, Innovation and Technology;

3.

as regards Section 29 (1) and (2) of the Federal Minister of the Interior, in agreement with the Federal Minister for Transport, Innovation and Technology;

4.

with regard to Section 29 (3) of the Federal Minister of Finance;

5.

as regards Section 30 of the Federal Minister of the Interior;

6.

and the Federal Minister of Transport, Innovation and Technology. "

Article 2

Amendment of the ASFINAG Act

The ASFINAG Law, BGBl. No 591/1982, as last amended by the Federal Law BGBl. I No 174/2004, is amended as follows:

The following is inserted in Article II in accordance with Article 8 of the following Article 8a:

" § 8a. The Autobahnen-und Schnellstraßen-Finanzierungs-Aktiengesellschaft is obliged to make provisions to the extent of 20% of the total on the A 13 Brenner motorway according to the Bundesstraßen-Mautgesetz 2002, BGBl. I No 109/2002, from 1. In January 2006, net use charges for the performance of contributions to the financing of the part of the railway base tunnel to be set up on the Austrian territory for the purpose of a special statutory regulation were paid. To form the burner axis. "

Article 3

Amendment of the ASFINAG Act of Energy 1997

The ASFINAG Authorisation Act 1997, BGBl. I n ° 113/1997, as last amended by the Federal Law BGBl. I No 174/2004, is amended as follows:

In § 12, the second is 2. Record:

" The Autobahnen-und Schnellstraßen-Finanzierungs-Aktiengesellschaft is also authorized, without the consent of the Federal Minister of Finance, if the stock of the federal roads is not affected thereby, burden-free positions of all kinds in respect of such private-law burdens, which exist in favour of the land used in their right of fruit consumption, as well as to burden those plots with physical burdens, other than monetary burdens, as well as to service activities, in particular building bans, in addition to pre-order, resale and repurchases, and Back-purchase rights, to the extent that these are entered in the land register for the benefit of the Republic of Austria, the Federal Road Administration, with the addition of "A" or "S" to the administration branch. "

Fischer

Bowl