23. Bundesgesetz, which amends the Act on the Promotion of Goods in 1995-GütbefG

The National Council has decided:

The Act on the Promotion of Goods in 1995-GütbefG, BGBl. No. 593, as last amended by BGBl. I No 32/2002, shall be amended as follows:

1. § 1 reads:

" § 1. (1) This federal law shall apply to the commercial carriage of goods by road or by road vehicles with trailers in which the sum of the maximum authorised weights exceeds a total of 3 500 kilograms, by: Transport undertakings and for the carriage of goods by such motor vehicles. It does not apply to the provision of fuhr-making services, to which the business order in 1994 is not to be applied in accordance with Article 2 (1) (2) (2).

(2) By way of derogation from paragraph 1, however, the provisions of Section 6 (1) to (4), Section 7 (2), § 10, § 11 and the provisions of Sections VI to VIII shall also apply to the commercial carriage of goods with motor vehicles of road transport or such vehicles. Motor vehicles with trailers in which the sum of the maximum authorised total weights does not exceed 3 500 kg in total.

(3) However, by way of derogation from paragraph 1, the provisions of Section 7 (2), § 10, § 11 and the provisions of Sections VI to VIII also apply to work traffic with motor vehicles of road transport or of such motor vehicles with trailers in which the Sum of the maximum total allowable weights does not exceed 3 500 kg.

(4) The goods referred to in paragraph 1 shall apply to physical, movable property, even if they do not have a traffic value.

(5) In so far as this federal law does not apply specific provisions, the trade order in 1994 shall apply to the commercial carriage of goods by motor vehicles, with the proviso that the goods transport sector shall be regarded as a regulated trade, to which: Article 95 (2) of the WCO is to be applied in 1994. "

2. In § 2, the following paragraph 4 is added:

" (4) Anyone who wishes to exercise a trade in accordance with paragraph 2 shall submit an application for a concession to the authority responsible for the intended location. The supporting documents shall be attached to the application in accordance with § 339 paragraph 3 Z 1 to 3 GewO 1994. "

3. In § 3 (1), after the phrase "Copies of the certificate of concession" the phrase "or certified excerpts from the trade register" inserted.

4. In § 3, the following paragraph 2a is inserted after paragraph 2:

" (2a) If the concession holder uses fewer motor vehicles than is covered by the scope of the concession, this shall not be subject to authorisation. However, as long as no corresponding change in the concession period is requested, the financial capacity shall continue to be demonstrated for the extent specified in the concession. If the scope of the concession is restricted, the supernumerary copies of the Community licence issued pursuant to Regulation (EEC) No 881/92 and copies of the concession certificate issued pursuant to § 3 (1) shall be certified as certified Excerpts from the trade register shall be issued immediately by the concessionary authority. "

5. In § 4 para. 1 Z 2 the quote shall be: "§ 124 Z 19 GewO 1994" by "§ 94 Z 63 GewO 1994" replaced and the sales designation "(1)" as well as (2).

6. § 5 (1) reads:

" (1) The concession may only be granted if, in addition to the general conditions governing the exercise of a regulated trade

1.		the reliability,
2.		financial performance and
3.		Professional competence (certificate of competence)
exist. In addition, the applicant shall have the necessary parking places in the prospective location municipality or any other municipality in the same or an adjacent administrative district in accordance with the intended concession scope (§ 3) outside of roads with public transport. All conditions must be met throughout the duration of the commercial exercise. If these conditions are no longer fulfilled by the trader, the concession shall be withdrawn. § § 87 to 91 GewO 1994 remain unaffected by this. Before issuing the concession, the competent structure of the State Chamber of the commercial economy shall be called upon to give an opinion on the performance of the holding. "

7. In Article 5 (1a), the following sentence is added:

"Inspections as part of the grant of a Community licence in accordance with Article 7 in conjunction with Article 3 of Regulation (EEC) No 881/92 shall be considered as a review of the conditions set out in paragraph 1 (1) to (3)."

8. § 5 (4) reads:

" (4) The prerequisite for professional competence (proof of competence) is proven by

1.		a certificate of the successful filing of an examination before an examination board appointed by the Governor of the Land, or
2.		a certificate issued by the Examination Commission on the basis of university, technical college or technical school diplomas, which guarantee a thorough knowledge of all subject areas of the examination within the meaning of paragraph 6 (1). If the university, university of applied sciences or professional school diplomas does not cover all the subjects of the examination, the certificate shall replace the examination in the sense of the Z 1 only for those subject areas for which the university, technical college of applied sciences and technical colleges or a thorough knowledge of the technical school diploma.
§ § 18 and 19 GewO 1994 are not to be applied. "

9. § 5 (7) to (9) are:

" (7) The granting of the concession requires, in addition to the fulfilment of the conditions set out in paragraph 1 above,

1.		in the case of a natural person, that it is a member of a contracting party to the Agreement on the European Economic Area (EEA member) and, as an entreprenter, a seat or not only a temporary business establishment in Austria; has;
2.		in the case of legal persons and partnerships of commercial law, that they have their registered office or a not only temporary establishment in Austria, and that they are legally represented, and that they are legally represented, or Authorised members of the European Economic Area (EEA) are members of the EEA

(8) The Governor of the State may exempt from the conditions laid down in paragraph 7 if, with regard to the pursuit of the trade by Austrian nationals or Austrian partnerships or legal persons with the The home state of the applicant is reciprocity.

(9) The conditions set out in paragraphs 7 and 8 above must be available for the duration of the commercial exercise. If these conditions are no longer fulfilled by the trader, the concession shall be withdrawn from the authority responsible for issuing the concession. § § 87 to 91 GewO 1994 shall remain unaffected by this. "

10. In accordance with § 5, the following § 5a together with the heading is inserted:

" Operational rights

§ 5a. (1) The provisions of § § 41 to 45 GewO 1994 shall apply with the measures that the concession authority shall enter the place of the district administrative authority and that the right of continuing operation of a natural person shall end after one year at the latest, if not The competent authority may authorise an extension of this period for a maximum period of six months in justified cases.

(2) By way of derogation from paragraph 1, the continuing operation right does not end and the appointment of a managing director is not necessary if the person entitled to the continuing operation meets the requirements of § 5, with the proof of the professional competence of the The person who is entitled to work can be disqualified if he/she can prove a practical professional experience of at least 3 years in the current management of this company. The existence of this practical professional experience is to be determined with a communication. "

11. § 6 (1) to (3) are:

The motor vehicles used for the commercial carriage of goods must be in the registration form or in the vehicle. have entered in the certificate of approval the use of the certificate "for use in the commercial carriage". The commercial carriage of goods is also permissible with motor vehicles in accordance with § 3 para. 3 and those pursuant to § 11 Z 1.

(2) The contractor shall ensure that a certified copy of the certificate of concession or a certified extract from the trade register and the trade register are certified in each vehicle used for the purposes of the carriage of goods during the entire journey. the documents required in accordance with paragraph 4 shall be carried out.

(3) The handlebar shall carry a certified copy of the certificate of concession or a certified extract from the trade register in any motor vehicle used for the purpose of carrying out the carriage of goods and shall hand it out to the supervisory authorities on request. "

12. In accordance with § 6, the following § 6a and title is inserted:

" Other facilities

§ 6a. (1) The provisions of § § 46 to 48 GewO 1994 shall apply to other premises with the measures that the concession holder in the municipality of the further establishment or any other municipality in the same or an adjacent administrative district shall be subject to the requirements of the for motor vehicles operated there, have the necessary parking spaces outside of roads with public transport, and that the concession authority shall be replaced by the district administrative authority.

(2) Where the necessary storage places are not established, the Authority shall prohibit the exercise of the business in the further establishment. "

12a. § 7 (2) reads:

" (2) The commercial carriage of goods, the place of loading and unloading within Austria, by road hauliers domiced abroad (cabotage) shall be prohibited; it is only permitted to:

1.		if an agreement is reached with the State in which the trader has its registered office, or
2.		To the extent that Council Regulation (EEC) No 3118/93 of 25 October 1993 laying down the conditions for the admission of road transport undertakings to the carriage of goods by road within a Member State in which they are not established, OJ L 31, 22.1.1993, p. 1), as last amended by Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1 March 2002, OJ L 327, 31.12.2002, p. 9, which provides that cabotage activities may not be carried out on a maximum of 30 days within a period of 60 days in the calendar year. The vehicles used for this purpose have to leave the Austrian territory at least once in the calendar month. The operator must ensure that in each vehicle used for cabotage, a properly filled-out control sheet, issued by the Federal Minister of Transport, Innovation and Technology, is carried. For each cabotage operation, the handlebar shall carry a duly completed control sheet and shall instruct the inspection bodies at their request. The Federal Minister of Transport, Innovation and Technology has adopted regulation on the appearance, content and handling of the control sheets.
If a prohibited cabotage is carried out, § 9 (5) and (6) shall apply. In addition, pursuant to Article 22 (1), the competent authority of the country of origin of the operator concerned must be notified. "

13. In § 8 (1), first sentence, the word order is deleted "or on time" .

Section 9 (8) reads as follows:

" (8) In the case of transgressions of agreements with state communities on the international carriage of goods by motor vehicles, agreements pursuant to § 8 (3) and a regulation pursuant to § 8 (5), the required authorization or the A contingency permit shall be withdrawn in time or, in the event of a repetition, in the long term. § § 87 and 88 GewO 1994 remain unaffected by this. The withdrawal of the necessary authorization or of the quota permit shall initially be threatened and shall be subject to a reduction in the total number of contingency permits available to the trader for the contract partner concerned, depending on the case Severe of transgressing for a maximum of four months. The transport in its entirety must be assessed. In addition, it may lead to the withdrawal of the necessary authorization or the permission for the quota system. "

15. In § 11, the sales denomination "(1)" and paragraph 2.

16. In the heading to Section IV, the word sequence shall be deleted "and Statistics" .

17. § 17 reads:

" § 17. (1) The trader shall ensure that any motor vehicle used for the commercial carriage of goods is accompanied throughout the journey by an accompanying document or by any other proof in which the goods carried, the goods, and the place of unloading and the contracting authority.

(2) The handlebar shall carry the accompanying document or the other proof referred to in paragraph 1 throughout the transport and shall hand it out to the supervisory bodies at the request of the vehicle. "

18. § 18 deleted.

19. In § 20 (2), the term " "EC Community licence" the phrase "and driver attestations" inserted.

20. § 20 (5) and (6) reads as follows:

" (5) The concession-issuing authority shall also, in particular, be responsible for:

1.		the concession withdrawal procedure;
2.		approval and revocation of the appointment of a Managing Director;
3.		Authorisation and revocation of the appointment of a branch manager for the performance of the business in a further establishment;
4.		Revocation of the transfer of the exercise of a business to a tenant;
5.		the extension of the right of continuing operation for a maximum of six months in accordance with Section 5a (1);
6.		the determination of the existence of the professional aptitude of the surviving spouse in accordance with § 5a (2);
7.		the enforcement of § § 41 to 48 of the Industrial Code of 1994.

(6) As a result of the decision to grant a concession, the District Administrative Authority shall, for each vehicle included in the scope of the concession, produce a certified extract from the Trade Register, in particular the date on which the concession was issued. the person responsible, the holder of the concession, the exact name and extent of the trade, the location of the business practice and the other premises, where appropriate, conditions, restrictions or conditions. The district administrative authority has for the commercial carriage of goods within the meaning of § 1 para. 2 for each motor vehicle used, in which the use provision is registered in the registration form in accordance with § 6 para. 1, as well as for all in § 3 para. 3. to produce a certified extract from the industrial register. "

21. § 21 Z 1 and 2 are:

" 1.		the institutions of the supervision of the road (§ 97 StVO), with the exception of the institutions of the Federal Police, as well as
2.		the organs of the Federal Police and the customs bodies in the performance of the duties otherwise assigned to them. "

22. § 23 reads:

" § 23. (1) Apart from administrative transgressions to be punished in accordance with the V. Main piece of the Industrial Code in 1994, an administrative surrender, which is punishable by a fine of up to EUR 7 267, shall be subject to administrative transgressions, who as an entrepellant

1.		the number of motor vehicles is increased without authorisation in accordance with Article 3 (2);
2.		§ 6 (1) or (2) are contrary;
3.		carry out transport operations in accordance with § § 7 to 9 without the necessary authorization or shall not comply with bids or prohibitions of inter-governmental agreements;
4.		§ 11 is contrary;
5.		the tariffs laid down in accordance with Article 12 do not comply;
6.		§ 9 (1) or (3);
7.		other than the bids referred to in Z 1 to 6, or prohibitions of this Federal Act or of the regulations adopted pursuant to this Federal Act, are not in accordance with the provisions of this Federal Law;
8.		does not ensure that the Community licences or drivers ' certificates required under Regulation (EEC) No 881/92 are carried on;
9.		directly infringing European Union rules on road freight, unless this is punishable by other rules;
10.		uses an environmental data carrier not authorised by a body not authorised in accordance with Article 9 (9);
11.		does not ensure that the duly completed control sheet required in accordance with § 7 (2) (2) (2) is carried.

(2) An administrative surrender, which is punishable by a fine of up to 726 euros, who is a handlebar

1.		§ 6 (3) or (4) are contrary;
2.		§ 9 (2);
3.		other than the bids referred to in Z 1 and 2, or prohibitions of this Federal Act or of the regulations adopted pursuant to this Federal Act, do not comply;
4.		a Community licence and driver attestation, as required by Regulation (EEC) No 881/92, is not carried out or, at the request of the inspection bodies, does not provide the necessary information;
5.		directly applicable provisions of the European Union on the carriage of goods by road, provided that this is not punishable under other rules.

(3) Penal in accordance with paragraph 1 Z 3, Z 6, Z 8 or Z 11 shall be an entrepre even if he violates the obligations referred to in § § 7 to 9 or the bids and bans abroad in accordance with Regulation (EEC) No 881/92. In this case, the local authority is the authority in which the handlebars are entered in the course of a roadside control, otherwise the authority in which the border crossing into the federal territory took place was the authority of the authority.

(4) In the case of administrative transgressions in accordance with paragraphs 1 and 2 and Z 5 to 7, the financial penalty shall be at least 363 euros. In the case of administrative transgressions in accordance with Section 1 (3) and (Z) 8 to 11 and in the case of administrative transgressions pursuant to § 366 (1) (1) of the Commercial Code (Gewerbeordnung) 1994, the fine shall be at least EUR 1 453.

(5) The entrepre shall be liable for the fines imposed on the handlebars employed by him, other undue consequences in money and the costs of the proceedings for undivided hand.

(6) From the penalty funds raised, 30 vH shall be allocated to the local authority, which shall bear the burden of that authority which carries out the criminal proceedings in the first instance. An additional 70 vH will be allocated to the Austrian Transport Safety Fund.

(7) If the appointment of a managing director pursuant to § 39 of the Commercial Code in 1994 or other administrative provisions has been approved, the managing director shall be responsible for criminal proceedings and shall be subject to penalties against him. This also applies in the case of the approval of the appointment of a store manager with regard to the establishment for which he is responsible. "

23. § 25 reads:

" § 25. (1) Where reference is made in this Federal Act to provisions of other federal laws, these are to be applied, unless otherwise expressly stated, in their respectively applicable version.

(2) Where reference is made in this Federal Act to Regulation (EEC) No 881/92, Council Regulation (EEC) No 881/92 of 26 March 1992 on access to the market in the carriage of goods by road in the Community shall be granted for carriage from or after a Member State or by one or more Member States, OJ L 327, OJ L 95, 9.4.1992, p.1, as amended by Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1 March 2002, OJ L 327, 31.12.2002, p. 1., the Act of Accession of Austria, Finland and Sweden (adapted by Council Decision 95 /1/EC, Euratom, ECSC, OJ L 76, 25.3.1995, p. 1) OJ L 1, 4.1.1995, p. 1). 21., and the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, OJ L 327, 31.12.2002, p OJ L 236 of 23.9.2003, p.33. '

(24) In § 26, the following paragraphs 6 to 8 are added:

" (6) At the time of the entry into force of the Federal Law BGBl. I n ° 23/2006, on-the-job lease conditions are not affected. The provisions of the provisions of the German Federal Law Gazette (Bundesgesetz BGBl) in 1994 are based on the activities of the tenants in the version. I n ° 111/2002. From the date specified in the first sentence, tenants shall not be re-ordered. The data on existing tenants and the revocation of the transfer of the exercise of the business to a tenant are to be continued in the trade registers.

(7) This federal law in the version BGBl. I n ° 23/2006 is considered to be a new regulation within the meaning of Section 375 (4) of the 1994 Arc.

(8) For the commercial carriage of goods by road or motor vehicles with trailers in which the sum of the maximum authorised weights does not exceed 3 500 kg, the provisions of the Section 6 (1) to (4) six months after the entry into force of this Federal Law in the version BGBl. I n ° 23/2006. "

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