12. Federal Act amending the Kraftfahrliner law

The National Council has decided:

The Federal Act on the regular carriage of persons with motor vehicles (Kraftfahrlinegesetz-KflG), BGBl. I n ° 203/1999, as last amended by BGBl. I n ° 151/2004, shall be amended as follows:

1. in the table of contents, section II shall describe the name "§ 20 Duties of the authorisation holder" by the name "§ 20 Duties of the holder of the authorisation and of the vehicle driver" replaced.

2. In the table of contents, section V shall designate the name "§ 53 subject procedure" by the name "§ 53 Administrative criminal proceedings pending" replaced.

3. § 1 (3) reads:

" (3) The national and international road transport services referred to in paragraph 1 shall require a concession, international road transport services, the terminal stops of which are located on the territory of the Member States of the European Union, or Contracting Parties to the Agreement on the European Economic Area or Switzerland shall require such a permit to be granted. "

4. § 2 para. 2 Z 14 reads:

" 14.		Information on the design, equipment and quality (in particular dimensions and maximum permissible weight) of the vehicles to be used. "

5. § 3 reads:

" § 3. (1) In order to grant the concession provided for in § 1, the Landeshauptmann shall be responsible. The application for the concession provided for in § 1 of the concession for road transport lines extending over two or more Länder shall, at the choice of the undertaking, be submitted to the regional governor of the federal state in which the initial or the initial or the following concession shall be submitted. the end point of the power line. The responsibility remains unchanged for the duration of the concession granted.

(2) With regard to cross-border road transport, the Federal Minister for Transport, Innovation and Technology is responsible for granting the concession (permit) provided for in § 1.

(3) In any event, the provincial governor of the federal state in question shall be responsible for determining whether the roads on which a line of force is to be led are suitable for traffic safety reasons or because of their construction status. (§ 7 para. 1 Z 4 lit. (a) and in order to grant authorisation to fix, transfer and release the holding posts. "

6. § 5 reads:

" § 5. (1) Prior to the decision on the granting of an entitlement (concession or approval), other nullity (Section 68 (4) Z 4 General Administrative Procedure Act 1991-AVG, BGBl. No. 51):

1.		those undertakings of public rail transport and those road haulage undertakings in whose transport sector (section 14) the required road transport line is wholly or partly covered,
2.		the country's main men, if it is a line of road transport which extends over two or more of the Länder (Article 3 (1)),
3.		the provincial authorities, if the Federal Minister for Transport, Innovation and Technology is responsible for the granting of the entitlement (Section 3 (2)), and it is not a cross-border line of road transport for which the Federal Minister for Transport, Innovation and Technology is responsible for the granting of the authorization. no stop is provided,
4.		the municipalities in whose territory one of the two end points of the requested road transport line is situated;
5.		the municipalities over whose territory the line is run, provided that it is not a cross-border line of road transport for which no stop is provided in the municipal area,
6.		the Chambers of Commerce,
7.		the Chambers for Workers and Employees,
8.		the transport association organisation companies (§ 17 ÖPNRV-G 1999, BGBl. Point 204), in which the scope of the proposed force is wholly or partly falling within the scope of the combined space, provided that it is not a cross-border line of road transport, for which no stop is provided in the composite space.

(2) The bodies referred to in paragraph 1 (1), (2), (3), (6) and (7) shall be heard in accordance with the rules laid down in the regular management of the line. In the case of cross-border road transport vehicles, the federal organisations responsible for the entire territory of the Federal Republic of Germany shall be heard from the Chambers referred to in points 1 Z 6 and 7.

(3) The hearing of the bodies referred to in paragraph 1 shall not apply if the application for the granting of a licence (concession or authorisation) is to operate a force-driving line for which no stop is provided in the territory of the Federal Republic of Germany; and It is clear that the roads to be covered are suitable for traffic safety reasons and because of their construction status for driving through a power line.

(4) The right to be heard in accordance with paragraph 1 (1) (4) and (5) shall be exercised by the municipalities in their own sphere of action.

(5) The bodies referred to in paragraph 1 shall be granted a period of not less than 30 days in the concession procedure and a period of 30 days not extendable in the authorisation procedure to submit their observations. "

7. In § 6 para. 2, the quote shall be "§ 5 (1) (3) and (4)" by quoting "§ 5 (1) Z 4 and 5" replaced.

8. § 10 (5) second sentence reads:

" This has to meet the requirements of reliability and professional competence to conduct the power-line operation constantly and in fact, but in any case to the extent to which it is based, as described in § 39 paragraph 2 Z 2 GewO 1994, BGBl. No 194 provided for and requires the approval of the supervisory authority. "

9. § 13 reads:

" § 13. (1) Road appropriation of federal highways and federal highways (BStG 1971, BGBl. No 286) shall be used for the operation of the road transport operation, taking into account any restrictions imposed by the StVO 1960, BGBl. Nr. 159, and by the KFG in 1967, BGBl. No. 267, adopted.

(2) Road appropriation of roads with the former designation "Bundesstraße B" (§ 2 para. 1 BStG 1971, BGBl. No 286 in the BGBl version. I n ° 142/2000), taking into account any restrictions imposed by the StVO in 1960 and by the KFG in 1967, will be adopted by 31 December 2006.

(3) Unless a regulation is issued in accordance with Section 46 (2), the determination as to whether other roads are suitable for traffic safety reasons or because of their state of construction for the experience of a force driving line (§ 7 para. 1 Z 4 lit. (a) to be taken by the Governor of the State, subject to the time limits laid down in Article 5 (5); for the roads referred to in paragraph 2, this statement shall be no earlier than 1. Jänner 2007.

(4) The appropriation of the road has to be carried out during the entire duration of the authorisation. The Governor of the State may at any time check from its own office whether a road covered by a road transport route is still suitable for reasons of road safety or because of its condition for the use of the road safety line.

(5) If the holder of the authorisation has doubts, in particular after road rebuilding or road rebuilding, whether the appropriation of the road is still available, he shall have the Landeshauptmann as well as, if the Federal Minister for Transport, Innovation and Technology has his The supervisory authority shall also agree to it. The Governor of the State shall immediately check whether the appropriation of the road is continuing.

(6) If, on the occasion of the examination referred to in paragraph 4 or 5, the Governor of the State of the State finds that the road is no longer suitable for the experience of a road of force, he shall declare this in a modest manner and shall cease the operation of all of these Road using road transport lines on the entire route or for a piece of road. This communication shall also be notified to the Federal Minister for Transport, Innovation and Technology, if he is a supervisory authority, to the road holder and to the road safety authority. "

10. § 14 (1) reads:

" (1) The traffic area in accordance with § 7 para. 1 Z 4 lit. b extends to the extent that a requested power line may have an adverse effect on an already concessionary public transport. "

11. § 15 (1) reads:

" (1) The concession for the operation of a road force shall be granted for a maximum of eight years. In the event of a temporary or temporary transport need, and in order to achieve the objectives set out in section 37 (3), it may also be granted for a shorter period of time. "

12. § 20 together with the title is:

" Obligations of the holder of the authorisation and of the vehicle driver

§ 20. (1) The authorisation shall be obliged to:

1.		the power line throughout the duration of the authorisation in accordance with
a)			the provisions of this Federal Law,
b)			the provisions of Regulation (EEC) No 684/92,
c)			the provisions of Regulation (EC) No 12/98 and
d)			the provisions of the Land Transport Agreement between the European Union and the Swiss Confederation, and
e)			uninterrupted pre-prescriptions of authorization and the timetable
to			operate (obligation to operate);
2.		in so far as his means of transport necessary for the regular operation are sufficient and not circumstances which he has not been able to prevent and which he is not able to remedy, make the transport impossible, all the passengers and their luggage to carry out transport conditions accordingly (obligation to transport);
3.		the transport prices and conditions of carriage to be applied in the same way to all users of its road transport line; beneficiaries granted by the authorisation holder who do not benefit everyone under the same conditions , are inadmissible [application of transport prices (tariff obligation) and conditions];
4.		the special transport prices and the special conditions of carriage, including any benefits granted by the holder of the authorisation to the supervisory authority for approval in accordance with Z 3 in the appropriate time (permit requirement for Special transport prices and conditions);
5.		to comply with the requirements of § § 33 to 35 via bus stops (holding point obligation);
6.		the timetables, provided that no handling equipment is used in the liner vehicles, also a list of fares (tariff triangle), as well as the conditions of carriage in the liner vehicles, and on request to the passengers . In addition to the use of a stop display on the liner, this timetable shall include all the stops on the road. At the stops, easily readable timetables or excerpts from these (transit times) are to be found and obtained by indicating the companies operating the road transport lines. The transport prices and timetables shall be published in the Austrian Kraftfahrlinienkursbuch or in a composite course book at the expense of the authorization holder. The course books (timetable information) can be published as printing units or in electronic media. The timetable data are to be left to the respective publisher of the course book in a suitable and cost-saving form, and at any rate, however, to be made available to the transport association organization companies. Roadmaps of road transport routes which are not integrated into a transport network shall be published by the holder of the authorisation in each form suitable for the passenger, in accordance with the possibilities of the use, in particular in electronic media. . In the liner vehicles, the management and the execution of order journeys must be identified in the manner referred to in § 22 (4) (publicity requirements).
7.		ensure that, before or when the journey takes place, each passenger has the opportunity to obtain a ticket in accordance with the conditions of carriage, from which the place of departure and destination, or the zones of validity and the fare, and the ticket Time cards are also valid for the period of validity. A baggage ticket is to be issued for baggage that is transported in the form of a ticket (ticket obligation);
8.		to comply with the requirements of § § 13 (5), 22 (3), 31 (5), 35 (1) and (5) and 42 (1) and (3) (disclosure and reporting obligations);
9.		to comply with the provisions of § 45 (2) with regard to the institutions of supervision (duty to exercise duty);
10.		to ensure order, security and regularity of operation. Without prejudice to the obligations of the authorisation holder, the holder of the authorisation shall be responsible, in particular, for the fact that the liner vehicles are always in a safe and safe condition, and the persons employed by him shall be responsible for the be aware of and comply with the relevant rules governing their activities (obligation of order and supervision);
11.		in order to carry out a service, to the extent that this is necessary in accordance with the size of the undertaking. A service statement must be issued if a manager of the service (§ 41) has been appointed (service obligation obligation);
12.		ensure that, in the case of cross-border lines of road transport, all documents required for the operation of a line of force in accordance with the provisions of Z 1 are handed over to the handlebar prior to the start of the journey. "

(2) The vehicle driver shall be obliged to:

1.		comply with the requirements laid down in paragraph 1 (1) (1) of the Directive in the case of the execution of his/her service and, in the case of international road transport operations throughout the journey, all shall be subject to the conditions laid down in those rules for the operation of a road and, at the request of the competent control bodies, to issue such documents to the competent authorities;
2.		to be persuaded, or to ensure, that each passenger has a ticket at the time of the journey, from which, at any rate, the place of departure and destination, the date of the journey and the fare "

13. The following sentence shall be added to section 22 (4):

"In order to carry out non-authorised orders, the contractor shall also have to carry a driving contract from the concessionary holder in the case of international road transport."

14. § 23 reads:

" § 23. (1) If courses are ordered beyond the planned timetable offer, the customer shall take into account the applicable provisions of the public procurement law for the transport association of the transport association. If another passenger transport operator other than the concessionaire is entrusted with the performance of the courses ordered, he shall be appointed by the concessionaire to carry out such courses (Article 22 (3)).

(2) If the operation of lines is ordered, which until now have not been served by a road transport line due to a lack of self-economic activity (§ 3 para. 2 ÖPNRV-G 1999) or can no longer be operated economically at the time of the order, it has to be the purchaser himself or, in the case of this, the transport association organisation company, in the light of the applicable provisions of the procurement law, to identify a suitable passenger transport operator. Excluded from this obligation are routes which can continue to be operated in their own economic terms.

(3) The passenger transport operator, as determined in accordance with paragraph 2 above, is to be granted a road transport concession to the public service (Section 3 (3) ÖPNRV-G 1999) prior to the start of the operation, provided that the conditions of § 7 (1) (1) (1) (1) (1) (1) (1) and 2, and the exclusionary reason of § 7 (1) (4) (4) lit. a is not available.

(4) In the procedure relating to this application, § 5 shall not apply. The duration of the concession and the operating programme shall be in accordance with the specifications of the tendering procedure or the contract concluded between the orderer and the passenger transport operator, the maximum permissible duration of the concession (§ 15) not being applicable may be exceeded.

(5) The concession holders shall not apply the provisions of § § 16 (2), (2) to (4), (22), (24), (4) and (5) and (29) (1). "

15. In § 24 (1) the quote shall be "§ 20 Z 1" by quoting "§ 20 para. 1 Z 1" replaced.

16. In § 25, the quote "§ 20" by quoting "§ 20 (1)" replaced.

17. In § 27 Z 3 the word order is deleted "or a request for an extension of the duration of the concession (§ 30)"

18. In Section 28 (5), the quote shall be "§ 3 (1)" by quoting "§ 3 (1) and (2)" replaced.

19. § 30 deleted.

20. § 31 (3) reads:

" (3) The Austrian Chamber of Commerce increases the applicable rate per year after determining the price increase index for road transport lines by Statistics Austria by the index difference and shows the thus established price index. The regulatory subsidy price shall be the supervisory authorities. § 39f Family Law Balancing Act 1967 in the version of the Federal Law BGBl. No 433/1996 remains unaffected. '

21. In § 32, the phrase "Federal Minister for Social Security and Generations" through the phrase "Federal Minister for Social Security, Generations and Consumer Protection" replaced.

22. In § 36 para. 2, the quote shall be "§ 20 Z 6" by quoting "§ 20 (1) Z 6" replaced.

23. In § 36, paragraph 5, the quote shall be "§ 5 (1) (1) and (5) to (8)" by quoting "§ 5 (1) (1), (6) and (7)" replaced.

24. In Section 36 (6), the phrase "of the two supervisory authorities (§ 3)" through the phrase "the supervisory authority (section 3 (1))" replaced.

25. § 39 paragraph 2 Z 1 reads:

" 1.		buses with the exception of trolleybus buses, "

26. The previous § 46 is given the title § 46 (1) and the following new paragraph 2 is added:

" (2) By means of a regulation, the Governor of the State may stipulate that other roads as federal highways and federal highways (BStG 1971, BGBl. No. 286) for reasons of road safety and because of their construction status for the experience of a force-driving line of their own (§ 7 para. 1 Z 4 lit. a). "

27. § 47 reads:

" § 47. (1) Anyone who acts as an authorisation holder in breach of the provisions of Section 20 (1) is subject to an administrative surrender and is punished by the district administrative authority with a fine of 726 euros up to 7 267 euros.

(2) Anyone who acts as a vehicle driver against the provisions of Section 20 (2) is subject to an administrative surrender and is punished by the district administrative authority with a fine of up to 726 euros.

(3) Those who violate the provisions of the provisions of § 46 (1) (1) (1) (1) (1) (c) in the event of a breach of the law, in the event that it is not a criminal offence, an administrative surrender shall be committed and, in the case of the local administrative authority, the local authority shall be responsible for the protection of public security. Effective area of a federal police directorate from this, with a fine of 726 euros to punish up to 7 267 euros.

(4) Anyone who operates a line of force without the authority required in accordance with § 1 (3) is subject to an administrative surrender and is from the district administrative authority, in the local area of action of a federal police directorate of this, with a a fine of EUR 2 180 to be punished for a period of up to 7 267 euros. In addition, the final punishment under this provision will result in the removal of the condition of the reliability of the entrepre or the operating manager required pursuant to section 10 (5) in the sense of Section 7 (1) (1) (1) and (9) of this Act after if he has already been legally punished for the same transgressing.

(5) Criminal law pursuant to paragraph 1 of this Article shall be the holder of the authorization even if he is in breach of the obligations referred to in Article 20 (1) abroad. In this case, the local authority is the authority where the handlebars were 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.

(6) As provisional security according to § 37a VStG, BGBl. No 52/1991, an amount of up to EUR 7 267 may be fixed on suspicion of transgressing pursuant to para. 1 and 4, and an amount of up to EUR 726 may be imposed on suspicion of a surrender pursuant to paragraph 2. In the event of suspicion of a surrender of the entrepre, the handlebar shall be deemed to be the representative of the company, unless he or she is present at the official act of his/her own representative or a representative of the company.

(7) The contractor shall be liable for the financial penalties imposed on the handlebars employed by him, other undue consequences in cash and the costs of the proceedings for undivided hand. "

§ 48 reads:

" § 48. (1) In the enforcement of § § 46 (1) (1) (1) (lit). (c) and 47 (3) and (4) of this Federal Act, repealed Regulations and directly applicable acts of the European Union and of the Land Transport Agreement between the European Union and the Swiss Confederation shall have the following: Organs of the Federal Police and the customs bodies to participate in the performance of the duties otherwise provided by them by

a)			Measures to prevent the threat of administrative transgressions and
b)			Measures necessary for the initiation of administrative criminal proceedings.

(2) The institutions of the Federal Police shall provide assistance to the competent authorities of the supervisory authorities in accordance with this Federal Law on their request to ensure the exercise of supervisory law in accordance with Section 45 (1) within the framework of its legal action area "

29. The previous § 49 shall be named § 49 (1) and the following new paragraphs 2 to 4 shall be added:

(2) Where reference is made in this Federal Act to Regulation (EEC) No 684/92, Regulation (EEC) No 684/92 establishing common rules for the international carriage of passengers by coach and bus, OJ L 327, 22.12.1992, p. No. OJ No L 74, 20. 3. 1992, p. 1, as amended by Regulation (EC) No 11/98, OJ L 327, 31.12.1998, p. No. L 4 of 8 1. 1, 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 Poland, the Republic of Cyprus, the Republic of Lithuania, the Republic of Lithuania, the Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, OJ L 327, 31.12.2003, p. No. OJ L 236 of 23.9.2003, p. 33.

(3) Where reference is made in this Federal Act to Regulation (EC) No 12/98, Regulation (EC) No 12/98 laying down the conditions for the admission of road hauliers to the carriage of passengers by road within a Member State is not a , OJ L 327, No. L 4 of 8 1. 10, as amended by 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 Poland, the Republic of Cyprus, the Republic of Cyprus, the Republic of Malta Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, OJ L 327, 31.12.2003, p No. OJ L 236 of 23.9.2003, p. 33.

(4) As far as the Land Transport Agreement between the European Union and the Swiss Confederation is referred to in this Federal Act, the Agreement between the European Community and the Swiss Confederation is to be concluded on: the carriage of goods and passengers by rail and road, OJ L 327, 22.7.2002 No. OJ L 114, 30.4.2002, p.91. '

30. § 52 (2) and the following new paragraphs 3 and 4 are added:

" (2) Before the 1. Applications submitted in January 2000 are still to be dealt with in accordance with the provisions of the Kraftfahrliner Act 1952.

(3) Unless otherwise specified, the Federal Law of the Federal Republic of Germany (BGBl) shall apply before the entry into force of this Federal Act. In accordance with the provisions of this Federal Law, in the version of BGBl I have submitted applications for applications. I No 151/2004.

(4) Applications for an extension of the duration of concessions, the duration of which is at the time of the entry into force of this Federal Law, as amended by the Federal Law Gazette (BGBl). I n ° 12/2006 is not more than six months, according to the provisions of this Federal Law in the version BGBl. I No 151/2004. All other applications submitted up to the date of the entry into force of this Federal Act to extend the duration of the concession shall be treated as applications for the re-issuance of the concession (Section 29 (1)). "

31. § 53 together with headline reads:

" Pending administrative criminal proceedings

§ 53. The provisions of this Federal Law in the version BGBl. I n ° 12/2006 are also applicable to criminal acts committed before the date of their effective date, provided that they were punishable by punishment at the time of their observance and are not subject to more stringent treatment than those which have been applied to date. in accordance with the rules laid down. On the day of the entry into force of this federal law in the version BGBl. I n ° 12/2006 are proceedings pending before the entry into force of the Federal Law, Federal Law Gazette (BGBl). I n ° 12/2006, to bring the current legal situation to an end. "

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