65. Regulation of the Federal Minister of Transport, Innovation and Technology, with which the examination regulation is amended (5). Novelle to the FSG-PV)

On the basis of § 11 (7), § 12 (4) and § 13 (8) of the German Code of Licences, Federal Law Gazette (BGBl). I No 120/1997, idF BGBl. I No 152/2005, shall be ordered:

The Examination Regulation, BGBl. II No 321/1997, idF BGBl. II No 115/2004, shall be amended as follows:

1. § 1 (3) reads:

" (3) The examination shall consist of a part of at least ten general questions, including traffic signs and pre-eminence situations, and one part with at least five class-specific questions, each for the desired class (s), with the following: You can also ask for more in-depth knowledge (supplementary questions). In the case of the extension of the steering authority for category B to categories A or B + E, the examination shall consist only of one part with at least ten class-specific questions, and in-depth knowledge will also be requested (supplementary questions). "

2. § 2 (2) reads:

"(2) All correct answers from the sub-areas" General questions with traffic signs and priority "as well as" Class-specific questions " are to be evaluated separately. The examination is considered to be a pass if a total of at least 80 per cent and for the "class specific questions" at least 60 per cent of the highest possible number of points have been achieved; for the "class-specific questions" of the class C, C + E, D, D + E and F However, with the exception of F in conjunction with other classes, and the C1 and C1 + E subclasses, at least 80 per cent of the maximum number of points must be reached. In the case of the extension of the steering authority for category B to categories A or B + E (second sentence of section 1 (3)), at least 80 per cent of the maximum number of points must be reached so that the examination is considered to have been passed. If the required number of points has not been reached in only one sub-area, the entire test shall be deemed to have been unpassed and must be repeated in its entirety.

3. § 3 (5) reads:

" (5) For the theoretical driving test, the Landeshauptmann has to appoint a suitable supervising person from the personnel level of a local authority or from the list of the examiners appointed or to have it ordered by the authority. The driving school shall request the authority to provide a supervising person if at least six candidates are present for the theoretical driving test. The supervising person shall establish the identity of each candidate and compare the names with the names mentioned in the candidate list. Upon completion of the examination, the supervising person shall collect the results of the candidates ' examination, check the checksums, sign the result printout, and announce the result to the candidate. The results of the examination shall be entered in the register of driving licences immediately after the end of the day-to-day supervision, and at the latest on the next working day. The supervising person shall accept the application and the accompanying supplements from the driving school and shall forward it to the authority responsible for the procedure. If the checksum is incorrect on the result of a candidate's result, the test is not to be counted. The results of the examination and the relevant data medium shall be transmitted to the Authority, which shall record the results in the act. "

(4) The following paragraph 1a is inserted in § 6:

" (1a) In the case of the authority, the driving school shall request the assistance of a driving examiner if it has a corresponding load on the auditor (which corresponds to a time spent on six driving tests for category B or four driving tests for class C) for the period during which the examiner is to be available. "

5. § 6 para. 8 second sentence reads:

" At the end of the test, the test period and length of the test shall be placed in the test minutes according to the Appendix 1 , as well as the rating "passed" or "failed".

6. The following paragraphs 11 to 14 are added in § 6:

" (11) After a successful practical driving test, the examiner shall have the provisional driving licence in accordance with Appendix 2 to be handed out. Where a number of classes or subcategories have been requested, a preliminary driving licence shall be issued for each class or subclass for which the driving test has been passed. If not all of the requested classes or subcategories have been passed, the candidate shall announce whether a driving licence is to be issued for him. If the candidate does not wish to issue a driving licence, he/she is not a cost sheet (par. 14). The decision of the candidate shall be entered together with the examination result by the examiner in the driving licence register. In this case, as soon as the production order for the driving licence is issued for the class (s) or subclass (s) passed, the application for the other class (s) or subclass (s) shall be deemed to have been withdrawn.

(12) In the case of extension to other classes or subclasses and the granting of the steering authority in accordance with section 23 (3) of the FSG, the candidate has to disclose, at the latest after passing the practical test, whether he has the previous driving licence up to the To keep an exhibition of the new driving licence. If the candidate decides to hand over the previous driving licence, the examiner shall receive the driver's licence and deliver it to the authority within three days. The provisional driving licence shall also include those classes or subclasses which the candidate has already possessed. The decision of the candidate must be entered in the driving licence register together with the test result from the examiner.

(13) The provisional driving licence and the cost sheet shall be prepared by the authority prior to the practical examination of the driving school or, if the candidate has not visited one, by the authority.

(14) In the event of passing the driving test, the examiner shall have the candidate a cost sheet in accordance with Appendix 3 , the payment note may also be included in the upper third of the cost sheet. The candidate shall be informed that the fees indicated on the cost sheet are to be paid, stating the application number. With the use of the respective official service, the fee is due, but it is not to be paid until after a successful completion of the practical driving test for this or another class or subclass. If several steering roles or subclasses have been requested, but not all of them have been passed (para. 11 third sentence), the fees are to be paid up to the acquisition of all the steering authorization classes in question, but not more than 18 months if the candidate does not wish to issue an immediate issue of a driving licence. No later than 18 months after the last driving test, all charges which have not yet been paid shall be required. "

7. § 9 (1), (3) and (3a) are:

" 3.		for at least five years, the steering authority for class B,
3a.		either
a)			has for at least three years the steering authority for the class for which he intends to take the driving test, or
b)			has the steering authority for the class for which he intends to take the driving test and for at least two years has worked as a driving examiner for category B, "

8. § 11 para. 2, first sentence reads:

"The driving examiners shall be divided by the Governor of the State or by a body appointed by him on the request of the driving schools or authorities for the driving tests."

9. § 14 (1) reads:

"(1) For the theoretical and practical driving test, a candidate shall be admitted only if he has demonstrated his identity with a photo identification with regard to the supervising person and the examiner."

10. § 15 para. 2, first sentence reads:

' In the case of a practical driving test, the examiner does not say, before the calendar day at which the practical driving test is to take place, at the driving school, the authority or the body appointed by the governor, so that 50 vH of the person appointed by the State governor are in the (1) (2) and (3) shall be subject to the cancellation or withheld of the examination fee.

11. In § 15, the following paragraph 5 is added:

" (5) The examination fee shall be issued in conjunction with the other fees incurred in the course of the steering authorisation procedure on the cost sheet. The production of the driving licence may not be initiated until all charges incurred up to now, including those due, which have been incurred for those classes or subclasses which have not been issued for the time being, are paid "

12. § 17 (1) and (2).

13. The following paragraph 8 is added to § 18:

" (6) It shall enter into force:

1.		§ 1 (3) and § 2 (2), respectively, as amended by BGBl. II No 65/2006, 1 April 2006;
2.		§ 6 (8), (11), (12) and (14), Section 15 (5) and Annex 2 and 3, respectively, in the version BGBl. II No 65/2006 of 1 March 2006;
3.		§ 3 para. 5, § 6 para. 1a, § 6 para. 13, § 11 para. 2, § 14 para. 1, § 15 para. 2, in the version BGBl. II No 65/2006 with 1. October 2006. "

14. The previous installation is given the name "Appendix 1" and the following Annexes 2 and 3 shall be added: see annexes.

Gorbach