Advanced Search

8 Licence Amendment

Original Language Title: 8. Führerscheingesetz-Novelle

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

152. Federal law, with which the driving licence law (8. Driving license amendment) will be changed

The National Council has decided:

The Federal Act on driving licences (German driving licence Act-FSG), BGBl. I No 120/1997, idF BGBl. I n ° 15/2005 is amended as follows:

1. In § 2 paragraph 2 Z 7 the reference " 1 Z 6 lit. c and f " replaced by the reference " 1 Z 6 lit. c and g " .

2. In § 4 (2) the word order shall be "Main residence (§ 5 para. 2)" replaced by the phrase "Residence (§ 5 (1) (1) (1))" .

3. § 4 (3) reads:

" (3) The owner of the steering authority shall be subject to a serious infringement within the probation period (paragraph 3). 6) or if it violates the provision of paragraph 7, the authority shall immediately order retraining, and the legal force of the punishment shall be due to a serious breach. Appeals against the arrangement of retraining do not have suspensive effect. With the order of retraining, the probative period shall be extended by another year or a further probative period of one year shall begin if the probative period during the period between the offence and the arrangement of the retraining period shall be: , the extension or the new beginning of the probaation period must be reported by the residence authority to the driving licence register and entered in the driving licence. The owner of the trial licence certificate shall deliver the certificate to the authority, and the authority shall initiate the production of a new driving licence in accordance with Section 13 (6). "

4. In § 4c (1), first sentence, the word "Central" and in the second sentence, the word "Central" .

5. § 5 reads:

" (1) An application for the granting of a steering authority may be submitted only if the applicant

1.

its residence within the meaning of Article 9 of Council Directive 91 /439/EEC on driving licences OJ L 327, 31.12.1991, p. No 237 of 24 August 1991 in Austria (par. 2),

2.

the minimum age required for the completion of the driving training (§ 6 para. 2) has been reached; and

3.

does not yet have a steering authority for the desired class or subclass.

The applicant for a steering authority shall submit the application for the granting of a steering authority and the extension of a steering authority to other classes or subclasses in the driving school of his choice, which he attended, based in the Federal Republic of Germany. The driving school shall, without delay, collect the application in the register of driving licences at the latest on the following working day. The application in the driving licence register by the driving school shall be deemed to have entered the application as an entry. This application shall be made by the authority in which the driving school visited by the applicant shall be situated in the course of which the applicant is situated. In cases where training is not compulsory in the driving school for the granting of a steering authority, or in the case of applications for registration of the number code 111, the applicant has the right to request a driving licence for a driving licence of his choice.

(2) A place of residence in Austria in accordance with paragraph 1 (1) (1) (1) is before the person concerned has been shown to have resied in Austria for at least 185 days in the last twelve months or if it is credible that he intends to: at least 185 days in Austria.

(3) The Authority may, in the event of detected deficiencies in relation to the driving school, be able to make arrangements for the receipt of applications, entries of the data in the Register of Driving Licences and others in connection with the settlement of the grant procedure. of standing affairs. The driving school shall immediately comply with the instructions of the Authority.

(4) The steering authority shall be granted if the procedure referred to in § § 6 to 11 shows that the conditions for the grant are fulfilled. If more than 18 months have elapsed since the application of the application for a steering authority to be granted, the Authority has to re-examine whether the applicant is reliable in the transport sector.

(5) The steering authority shall be subject to the appropriate time limits, conditions or time, local or local authority, in so far as this is necessary on the basis of the medical opinion or because of the nature of the steering authority in accordance with the requirements of road safety. (§ 8 (3) (2)). Persons who are "limited" in accordance with the medical opinion may only be granted limited steering authority, which shall be used solely for the purpose of steering one or more of the compensating vehicles on the basis of the observation of certain types of compensation vehicles authorised (Section 9 (5)). The time limits, restrictions or conditions required by the medical opinion shall be brought to the attention of the applicant by the Authority.

(6) In the event of the extension of a steering entitlement to other classes or subcategories listed in § 2 (1), a new medical opinion shall be submitted by the applicant only if the last medical opinion has been received at the time of the The decision is older than 18 months, or the extension of the steering authority for category B has been applied to categories C or D or to subcategory C1.

(7) Prior to the granting of a steering authority to an applicant from another EEA State, who is resident (par. 1), the Authority shall, by request to the competent authority of the applicant's country of origin, ensure that the applicant does not have a steering authority for the class or subclass in question. "

6. § 6 (2) reads:

" (2) applicants for a steering authority may not, without prejudice to the provisions of paragraph 5, section 18 (1a) and § 19 (1) of the earliest six months before the completion of the minimum age required for the intended steering authority, with the theoretical and practical training in driving schools. "

7. § 6 (4) deleted.

8. In § 7 (3) Z 15 the point at the end of the sentence and the following word order shall be added at the end:

"or in accordance with § 30b (2) of the order of a special measure was taken away."

9. In § 7 (7) the word "main residence authority" replaced by the word "Housing Authority" .

10. In § 7, the following paragraph 8 is added:

' (8) The traffic reliability shall be assessed by the authority leading the procedure. To this end, the Authority shall, in the event of the granting or extension of the steering authority, ask the Office of the Residence Authority whether and, where appropriate, which offences are available for that applicant. "

11. In § 8, para. 1, second sentence, the word order "one year" replaced by the phrase "18 months" .

12. § 10 (1) and (2) are:

" (1) Prior to the granting of the steering authority, the professional competence of the applicant must be demonstrated by a driving test. The opinion shall only state whether or not the expert is technically competent to steer vehicles of the category or subclass in question. The names of the experts shall not be disclosed until the day of the examination.

(2) candidates shall be admitted to the driving test in accordance with paragraph 1 for categories A, B, B + E, C, C + E, D, D + E, F or subcategories C1 and C1 + E only if they are:

1.

are reliable,

2.

are suitable for health,

3.

have provided proof in accordance with Article 3 (1) (5) and

4.

have provided proof of completion of the necessary training in the course of a driving school, with this training, with the exception of the advanced steering authority for category B in accordance with Section 19 and Class A in accordance with Section 18 (1a), may not have been completed more than 18 months ago. "

13. In Section 11 (6), the word "12" replaced by the number "18" .

14. According to Article 11 (6a), the following paragraph 6b is inserted:

" (6b) The costs incurred in the course of the procedure for the granting or extension of the steering authority, including the examination fee for all classes requested, shall be presented in a clear form for the candidate on the cost sheet. The costs of the medical examination, which are to be paid directly on the occasion of this investigation, are excluded. "

15. In Article 11 (7), the point at the end is replaced by an accoration and the following Z 5 and 6 are added:

" 5.

the form and content of the cost sheet,

6.

the way in which the cost sheet is issued. "

15a. § 12 para. 2 Z 2 reads:

" 2.

for use in the course of exercise trips (§ 122 KFG 1967) or training trips (§ 19 para. 3 FSG). ' "

16. § 13 together with headline reads:

" Exhibition of provisional driving licence and driving licence

§ 13. (1) With the successful completion of the practical driving test, the steering authority shall be deemed to have been granted, without prejudice to the provisions of paragraph 7, under the limits, restrictions or conditions set out in each case in accordance with Section 5 (5). After the driving test, the examiner shall issue the provisional driving licence to the candidate for the class (s) or subcategory (s) for which he has passed the practical driving test or which he already possesses. In the event that the candidate for the practical driving test for category B occurs with a vehicle with automatic transmission without prior notification to the authority, the provisional driving licence shall not be the driving examiner, but shall be handed out by the Authority. If the steering authority has been granted a limit, restriction or obligation, a notice of determination on the granting of the steering authority shall be issued at the request of the candidate.

(2) The provisional driving licence shall be valid until the driving licence has been delivered, without prejudice to the provision in section 15 (1), however, for a period of four weeks from the date of suspension and entitles the driver to steer motor vehicles for the respective class. or subclass within Austria. The four-week deadline may not be extended. The provisional driving licence is only valid in connection with a valid, official photo ID.

(3) The examiner shall enter the results of the examination immediately after the end of his day-to-day examination, but at the latest on the next working day in the register of driving licences.

(4) Once the driving licence has duly paid all the fees referred to in the cost sheet, the Authority shall have the right to produce a driving licence. A preferred production of the driving licence can be initiated against payment of the additional costs. Driving licences shall include the data relating to the person of the driving licence holder, the steering authority classes and subclasses or other allowances issued, any possible dates, restrictions on the authorization of the steering authority, conditions and any other Administrative data shall be entered. The producer of the driving licence shall send the driver's licence to the address indicated by the applicant. In the case of extension to other classes or subclasses and the granting of the steering authority in accordance with Article 23 (3), the driving licence shall be sent to the authority issuing the steering authority, unless the previous driving licence has been granted until the end of the Date of issue of the production order delivered to the authority. If the service is delivered to the authority, the driver's licence shall be handed out against the delivery of the previous driving licence. Further driving licences for the steering authority granted in accordance with paragraph 1, second sentence, may only be issued in the cases referred to in § 15.

(5) In the provisional driving licence, any restrictions imposed pursuant to Section 8 (3) (2) or (3), or for any other reason, shall be entered in the driving licence, as well as the limitation of the right of steering, as well as the pre-registration of any conditions. In the case of a driving licence for a further class or subclass of vehicles (extension of the steering authority) or in the case of subsequent registration, restrictions or conditions, the driving licence of the authority shall be subject to the following conditions: To deliver a new exhibition. For the implementation of further additions, such as change of name or residence, the Authority shall, on request, arrange for the production of a new driving licence upon presentation of the necessary documents.

(6) A new driving licence shall be issued on the occasion of any change in the entry of the licence. The owner of the licence has to explain:

1.

that it wishes to retain the previous driving licence; in this case, a preliminary driving licence is not to be issued, the new driving licence must be sent to the authority and must be followed up against the delivery of the previous driving licence; or

2.

that he wishes to deliver the driving licence to the address indicated by him, and he must issue a preliminary driving licence to the holder of the licence and, at the latest, until the production order of the new driving licence has been issued, to deliver his previous driving licence to the authority.

If the address given by the owner of the licence is in a non-EEA state (§ 15 para. 1 second sentence FSG), the licence must be sent to the authority. The latter shall ensure that the applicant is in possession of the driving licence in a suitable manner, for example by means of the foreign representation of the respective State.

(7) In the case of apprentices for the occupation "professional drivers" who, according to § 6 (5) Z 3, the practical driving test for the class C before the completed 18. The steering authority shall not be deemed to have been granted the driving test, but may not be granted until after the completion of the 18. Years of life. In this case, the driving licence shall be required to obtain the driving licence from the authority.

(8) The Federal Minister for Transport, Innovation and Technology has to fix the regulation:

1.

the form and content of the driving licence and the provisional driving licence;

2.

the number codes for entries relating to the scope and validity of the steering authority;

3.

any additional information to be entered in the driving licence and the provisional driving licence,

4.

the counterfeiting security features of the driving licence; and

5.

the way in which the driving licence and the provisional driving licence are issued. "

17. In 14 para. 1, Z 2 and 3 are given the names 3 and 4 and the following Z 2 is inserted:

" 2.

until receipt of the driving licence (Section 13 (4)), the provisional driving licence and an official photo ID, "

18. In § 14 para. 5 Z 2 the word "main residence" replaced by the word "Home" .

19. In Section 14 (7), the phrase "their residence authority" replaced by the phrase "the Authority" .

20. § 15 (1) and (2) are:

" (1) A new driving licence may be issued in the cases referred to in paragraph 2 irrespective of the place of residence of the applicant on application by any authority in the Federal Republic of Germany. If an owner of an Austrian driving licence has transferred his residence to a non-EEA state (Article 5 (1) (1) (1)), a new driving licence shall be issued by the last issuing authority. A new, preliminary driving licence may be issued free of charge, free of charge and without application, irrespective of the place of residence of the person concerned, by each authority in the Federal Republic of Germany in the cases referred to in paragraph 2. However, the period of validity of the new provisional driving licence shall not exceed those of the provisional driving licence previously issued.

(2) A new driving licence or a preliminary driving licence shall be issued if:

1.

the removal of the driving licence has been credited or

2.

the driving licence or the provisional driving licence is invalid (Section 14 (4)). "

21. In § 15 para. 3, first sentence, the word order shall be "Main residence (§ 5 para. 2)" replaced by the phrase "Residence (§ 5 (1) (1) (1))" .

22. § 15 (4) reads:

" (4) With the delivery or compliance of the new driving licence, the old driving licence shall lose its validity and shall, if possible, be delivered to the authority or to be drawn in by the authority. Driving licences issued in an EEA State shall be returned to the issuing authority by the Authority. The delivery or collection of an invalidated provisional driving licence at or by the authority is not required. "

§ § § 16 to 17 together with headline:

" Driving licence register-General

§ 16. (1) Procedure and official acts pursuant to this Federal Act, the administration of the expert system, compensation for the driving test and the registration of the driving schools, expert physicians and traffic psychologists Examination sites shall be carried out by means of automation-assisted data processing in the form of the driving licence register. The Register of Driving Licensees is to be held as an information network (§ 50 DSG). Contracting entities within the meaning of § 4 Z 4 of the Data Protection Act, BGBl. I n ° 165/1999, are the authorities, the operator is the Federal Ministry of Transport, Innovation and Technology. The Federal Ministry of Transport, Innovation and Technology has the driving licence register at Bundesrechenzentrum GmbH to lead.

(2) Within the framework of the Register of licences, the authorities may process the personal data of the parties, experts, driving schools, experts, physicians, physicians, and transport sychological examination bodies referred to in § 16a . Driving schools, supervisors, driving examiners and the company producing the driving licence shall enter the data assigned to them in § 16b by electronic means in the areas of the driving licence register which are restricted to their requirements. To this end, the Bundesrechenzentrum GmbH is to provide the establishment of these restricted areas of the driving licence register. Personal data of the third parties referred to in § 16a Z 10 to 14 may only be processed if their eligibility is not provided for in the entirety of the stored data.

(3) The Authority shall transmit data in accordance with § 16a as far as possible through the transmission of data transmission:

1.

institutions of the Federal Government, the Länder and the municipalities, to the extent that they need them to carry out the tasks assigned to them by law;

2.

Authorities of other States, provided that such an obligation arises from this Federal Law, from directly applicable Community law or other intergovernmental agreements.

(4) If the authority of the authorities changes to the decision on a request for the granting or extension of the steering authority, the now competent authority shall use and continue to use the existing register data.

(5) If a person who has been punished in accordance with § 37 (3) (1) and (2), (4) (2) or (2) (2) (2) (a), (c) and (d) StVO (2), (2) (a), (c) and (d) StVO 1960, does not reside within the local area of action of the authority responsible for the administrative proceedings , the criminal authority of the first instance shall notify the residence authority of the final punishment.

Guide Register-Stored Data

§ 16a. The following data shall be processed for the purposes of the granting or extension of the steering authority or for the implementation of other administrative procedures:

1.

The data sets of persons to which the entries according to Z 2 and 3 relate, consisting of:

a)

Family name,

b)

First name (s),

c)

birth date and place of birth,

d)

Family name according to birth certificate,

e)

former surnames,

f)

academic degrees,

g)

Gender,

h)

Citizenship,

i)

Residence,

j)

the area-specific passenger mark "Transport and Technology",

k)

the last foreign residence,

l)

information on the proof of identity that has been made,

m)

where appropriate, the information on a name change,

n)

the date of death;

2.

the relevant information relating to the procedure requested and the evidence which has been made, consisting of:

a)

Input Date,

b)

any request for the granting or extension of a steering authority,

c)

the relevant evidence of traffic reliability;

d)

Proof of instruction in life-saving emergency measures or first aid,

e)

the relevant data on the applicant's health suitability,

f)

any time limits, restrictions or conditions, and the reason for and the numerical codes provided for;

g)

the assignment to the official,

h)

proof of the completion of the required driving training,

i)

the data relating to the classification of theoretical and practical driving tests;

j)

an indication as to whether the applicant has been and has passed the theoretical and practical driving test for the relevant class (s) or subclasses (s), or not;

3.

the following information in connection with the exhibition of driving licences:

a)

the issuing authority,

b)

class, subclass, authority or group for which the driver's license is to be issued,

c)

the date of the first granting of the steering authority, in the case of the re-allocation, also of that date,

d)

the date of issue of the driving licence,

e)

the application number,

f)

the photograph and the signature of the applicant in scanned form,

g)

any time limits, restrictions or conditions, and the reason for that;

h)

in the case of rewritten, exchanged, extended or replaced (§ 15) driving licences, the data of the driving licence (lit. a to f) on the basis of which the exhibition was carried out,

i)

the deletion of a steering authority and the reason why,

j)

Information on the removal of the document;

k)

the information provided in accordance with a to j driving licences issued abroad if the owner of a foreign steering authority is party to an administrative procedure under this Federal Act;

l)

the contents of the provisional driving licence and the cost sheet,

m)

the address to which the driving licence is to be sent,

n)

the applicant's request for preferential production of the driving licence in accordance with § 13 para. 4 second sentence

4.

the relevant information on the following acts and facts pursuant to this Federal Act:

a)

any order of retraining pursuant to Section 4 (3) and the institution in which the retraining was completed,

b)

the data relating to the probaation period, in particular the prolongation or the new start,

c)

Withdrawal of a steering authority or an opposition to a steering ban, a period of time, restrictions and conditions and an accompanying measure pursuant to section 24 (3) as well as the institution in which, in the case of retraining, the latter has been completed,

d)

Re-conclusion of a driving licence after the end of the period of withdrawal of a steering authority which has not yet been granted, or the lifting of a steering bans or a re-division of an erloted steering authority,

e)

Provisional acceptance of a driving licence pursuant to section 39 (1),

f)

Dismissal of an application for the granting of a steering authority, as well as the relevant reason for it,

g)

any waiver of a steering authority,

h)

Pre-notes and the arrangement of special measures pursuant to § § 30a and 30b;

5.

the relevant information on the following legally binding punishments:

a)

Punishments leading to the release of a steering ban,

b)

Penalties for the withdrawal of a driving licence or a ban on the revocation of a driving licence following the withdrawal of a driving licence or a re-allocation of the withdrawn steering authority, or for the lifting of a ban on driving,

c)

Punishments of persons who are not owners of a steering authority, if the punishment has been carried out for reasons that would have resulted in the withdrawal of the steering authority,

d)

Transgressions due to serious violations in accordance with § 4 (6) and (7) within the probade period,

e)

Punishments pursuant to § 99 (1), (1a), (1b) and (2) (2) (a), (c) and (d) StVO 1960, and in accordance with Article 37 (3) (1) and (2), (4) and (37

f)

Punishments for offences in accordance with § 30a (2);

6.

the relevant information relating to an authorization to carry out training trips as a companion (§ 19 (3)) and to carry out exercise trips as a companion (§ 122 para. 2 KFG 1967) and the date of termination of this activity;

7.

the following data on Moped auswise:

a)

the person record according to Z 1,

b)

Date of issue,

c)

ID number,

d)

the issuing institution or authority,

e)

the end of the authorization;

8.

The following data on taxi and school bus ID:

a)

Date of issue,

b)

ID number,

c)

End of authorization.

9.

in the course of the production of a driving licence, the current status of the proceedings "Data enters/driving licence is produced/driving licence".

10.

Data of expert physicians working in the local area of activity of the Authority:

a)

Family names and first names,

b)

Address,

c)

the period of time for which the expert doctor is appointed;

11.

Data of experts working with the respective authority:

a)

Family names and first names,

b)

Address,

c)

the period for which the expert is appointed,

d)

the classes for which the expert is appointed;

12.

the data of the supervisory staff working with the respective authority;

a)

Family names and first names,

b)

Address,

c)

the period of time for which the supervising person is appointed,

13.

Data of driving schools located in the local area of activity of the Authority:

a)

the name and first name of the holder,

b)

the address of the site,

c)

the time data of the driving school permit,

d)

the level of the driving licence;

e)

Names and first names of the staff of the driving school who are entitled to access the data of the driving licence register

14.

Data of the traffic-psychological investigative bodies located in the local area of activity of the Authority:

a)

the name of the investigative body responsible for the transport psychology,

b)

Address of the traffic psychology investigative body.

Use of the data of the driving licence register

§ 16b. (1) The driving school may be referred to in § 16a Z 1 lit. a to i, l, m and Z 2 lit. a, b, c (as far as the result of the traffic reliability test is concerned), d, e (as far as the result of the investigation is concerned), f (but not the reason for the freezing, restriction or circulation) and g to j shall be included in the data. If the right to steer is restricted by means of a numerical code on the basis of the medical opinion, these numerical codes may be obtained exclusively for the preparation of the provisional driving licence in a non-verbalised form. The driving school must collect the following data electronically and transmit it to the driving licence register by means of the remote data transmission:

1.

§ 16a Z 1 lit. a to i, l and m,

2.

§ 16a Z 2 lit. a, b, d, h and i,

3.

§ 16a Z 3 lit. m and n,

4.

§ 16a Z 7 on the Moped statements issued by them.

In the case of the procedures referred to in § 16a of the first sentence, the driving school shall carry out a request to the Central Register of Melting. This is exempt from fees.

(2) The applicant's residence authority shall have the following data to be entered:

1.

§ 16a Z 1 lit. n,

2.

§ 16a Z 4 lit. a and c to e,

3.

§ 16a Z 4 lit. b to the extent that it concerns the prolongation and the start of the trial period,

4.

§ 16a Z 5 lit. a to e,

5.

§ 16a, Z 6 and 8; and

6.

§ 16a, Z 7 on the Moped statements issued by other institutions as driving schools.

(3) The authority responsible for the procedure in question may also enter the data referred to in § 16a (1) to (3) in the driving licence register. In addition, it has the following data to be entered:

1.

§ 16a Z 3 lit. a to n,

2.

§ 16a Z 4 lit. (b) with the exception of the data on prolongation and the start of the trial period; and

3.

§ 16a Z 4 lit. f and g.

(4) The other parties involved in the procedure (supervisors, driving examiners, manufacturers of driving licences) may be included in the procedure in § 16a (1) (1) (1). a to i and Z 2 lit. (a) and (b) to record and to transmit the following data and to transmit to the Register of driving licences by way of a remote data transmission:

1.

the supervising person who is in § 16a Z 2 lit. j data referred to (as far as the theoretical driving test is concerned),

2.

the examiner who is in § 16a Z 2 lit. (j) data (as far as the practical driving test is concerned),

3.

the manufacturer of the driving licence, the data referred to in Article 16a (9).

(5) The data referred to in Article 16a (10) to (14) shall be entered in each case by the authority in which the relevant body is situated in the sprint.

(6) For the correctness of the registration of the data referred to in § 16a, the body responsible for the registration pursuant to paragraphs 1 to 5 shall be responsible. The right of access to the register of driving licences and the authorization to accept entries has to be made by Bundesrechenzentrum GmbH in such a way as to ensure that access to the data of the driving licence register is to be taken into account. is guaranteed. A search for data of individual applicants by the parties referred to in paragraphs 1 and 4 may only be carried out with close search criteria and only either:

1.

at least the input of the first and last name, and the date of birth, or

2.

the application number

may be possible. The bodies referred to in paragraphs 1 and 4 may only use the personal data of the licence holders which are accessible to them or processed by them for the purpose of carrying out the tasks assigned to them under this Federal Law.

(7) The Register of driving licences shall carry out a complete recording of all data requests carried out and attempted from which it is possible to identify the person who received the data from the Register of Driving Licensees. This log data should be saved and deleted three years after the date of origin of this data.

Licence register-deletion of data

§ 17. (1) Procedure data shall be logically deleted according to the following criteria:

1.

in the case of procedures leading to the granting of a steering authority, after notification of the owner's life, but no later than 100 years after the first grant;

2.

in the case of other proceedings under this Federal Act no later than ten years after the registration or last modification of the relevant data record, however, if the register data resulting from the respective proceedings are to be deleted only later (paragraph 1). 2), with the deletion of the register data. At the latest with the end of the calendar year in which the logical deletion took place, the procedural data shall also be deleted physically.

(2) Register data according to § 16a shall be logically deleted according to the following criteria:

1.

data on the issued driving licences and all the data relating to the proceedings after notification of the owner's life, but no later than 100 years after the first granting of a steering authority;

2.

Data according to § 16a Z 4 lit. (a) and (b) five years after notification of the decision on the arrangement of retraining or prolongation of the probaal period;

3.

Data according to § 16a Z 4 lit. c to e and § 16a Z 5 lit. a to e is issued with a ban on the penalty on which the proceedings are based, or five years after the date of the notification of the withdrawal or the offence; however, a deletion shall not be effected if the withdrawal of the withdrawal from the person concerned is not the right of steering or the exclusion of a ban for the duration of more than 18 months has been carried out;

4.

Data according to § 16a, Z 6 one year after the end of the activity as a companion, but no later than five years after the application;

5.

Data according to § 16a Z 4 lit. h and § 16a Z 5 lit. f with the repayment of the penalty.

At the latest with the end of the calendar year in which the logical deletion took place, the register data must also be deleted physically. If all data belonging to a person has been deleted in accordance with § 16a Z 2 to 8, the personal data record concerned (§ 16a Z 1) shall also be deleted. "

24. According to Article 18 (1), the following paragraph 1a is inserted:

" (1a) An applicant for an early steering authority for category B may have completed the theoretical and practical training for Class A in a driving school with the completed 16. Start life year. The practical driving test for category A may only be carried out with the completion of the 18. years of life. "

25. In § 19 (3), last sentence, the word "Central" .

25a. In § 19 (4) the phrase is deleted " the conditions of § 122 (2) Z 3 lit must be fulfilled. a and b KFG in 1967, and " .

26. In accordance with § 20 (4) and (21) (2), the following sentences are added:

" However, for the purpose of issuing the licence, it is necessary to pay compensation to that local authority which has to bear the burden on the authority which commissioned the production of the driving licence. The amount of this cost replacement must be determined by regulation of the Federal Minister of Transport, Innovation and Technology. "

27. In § 20 (6) and (21) (4), the word "main residence" in each case replaced by the word sequence "Residence (§ 5 (1) (1))" .

28. In § 22 (5) the word order shall be "Section 17 (2) and (3) on the Central Driving Licenship Register" replaced by the phrase "§ § 16 to 17 on the register of driving licences" .

29. In § 23, the word "main residence" or "principal place of residence (§ 5 (2) third sentence)" in his various grammatical forms, replaced by the phrase "Residence (§ 5 (1) (1) (1))" in its correct grammatical form.

30. § 24 (1) last sentence reads:

"In this case, a new driving licence shall be issued in accordance with Section 13 (5)."

31. § 24 (3) sixth sentence is replaced by the following sentences:

" If the order of the retraining was not followed by a trial licence holder or if the participation in the retraining was not carried out, then the steering authority is to be withdrawn until the order has been complied with. If the arrangement of the completion of the missing step (s) has not been followed in accordance with Section 4c (2) or if the cooperation has not been carried out, the steering authority of that class for which the arranged level (s) has not been completed is (n) until the To withdraw compliance with the order. In any event, class B withdrawal shall be subject to withdrawal of classes C, C + E, D, D + E or subcategory C1 and C1 + E. "

32. In § 30 (1), fourth sentence, after the word "Residence" the citation "(§ 5 (1) (1) (1))" inserted.

33. In § 30 (3) and § 33 (3), the word "main residence" replaced by the phrase "Residence (§ 5 (1) (1) (1))" .

34. § 30a (2) Z 13 reads as follows:

" 13.

Transgressions of § 106 (5) (1) and (2), § 106 (5), third sentence, and § 106 (6), last sentence, KFG 1967. "

35. In § 30a (4), second sentence, after the word "pronounced" the phrase "or the period of withdrawal in accordance with § 25 (3) second sentence extended" inserted.

36. In § 30a (4), third sentence, the word order is deleted ", § 30b" .

37. In § 31 (4) the phrase is deleted "-or, in the case of a Moped card issued in accordance with paragraph 2, with the Authority," .

38. § 32 (1) first sentence is replaced by the following sentences:

" Persons who are not suitable for the purposes of § 7 traffic-reliable or non-health, to direct a motorbike, a four-wheel light-weight vehicle or an invalid motor vehicle shall have the authority under the application of § § 24 (3) and (4), 25, 26, 29 and 30a and 30b, in accordance with the requirements of road safety, the steering of such a motor vehicle

1.

expressly prohibit,

2.

to be permitted only if required conditions are met, or

3.

only for a certain period of time, or only for time, local or factual restrictions.

In the same way, the authority must order a handlebar of one of the vehicles referred to in the first sentence, in the presence of the conditions laid down in § 30b, to order special measures from the system.

39. In Section 32 (2), the phrase "their residence authority" replaced by the phrase "the Authority" .

40. In Section 34 (1) (2), the word order shall be deleted "for general medicine" .

41. According to § 36 paragraph 1 Z 1 lit. c will replace the stroke point by a dash and the following lit. d is added:

" (d)

to driving schools, supervisors and examiners for the registration of the data referred to in Article 16b (4), which shall be carried out by its own office in the event of an examination of the conditions laid down in paragraph 3 (3) (2) and (3);

42. In § 36 (2), first sentence, the point at the end of Z 3 shall be replaced by an accoration and the following Z 4 shall be added:

" 4.

to the company responsible for the production of the driving licence for the registration of the data referred to in § 16b (4) (3). "

43. In § 36 (2), third sentence, the word "Central" .

44. § 36 (4) reads:

" (4) The authorization pursuant to paragraph 1 (1) and (2) and the order pursuant to paragraph 1 (1) (2) shall be revoked, subject to the provisions of paragraph 5, if the conditions for grant are no longer fulfilled or if the tasks are not or it is necessary for the protection of public interests. "

45. In § 36, the following subsection (5) is added:

" (5) If the driving school persistently refuses to participate in the steering authorisation procedure (in particular if the driving school refuses to accept entries in the driving licence register in accordance with the provisions of § § 16b para. 1, or which repeatedly undertakes not), after a period of three months, a warning shall be given by the authority with the threat of withdrawal of the entitlement under paragraph 1 (1) (1) (1) (1). d and, where appropriate, to threaten the driving school permit. If, after a further period of three months, the defects or maladministration have not been removed, the entitlement pursuant to Section 1 (1) (1) (lit) shall be granted. d to be removed. At the same time, the trustworthiness according to § 109 para. 1 lit. b KFG 1967 will be questioned and if the driving licence is withdrawn in the affirit case. At the earliest one month after the withdrawal of the said entitlement, the driving school may again apply for the granting of the authorisation pursuant to paragraph 1 (1) (1) (lit). d and, where appropriate, issue the driving licence. "

46. In § 37 (3) (2) (2), after the word "Driving Licence" the phrase "or provisional driving licence" inserted.

47. In § 37 (6) the word order is deleted "and in the case of non-fulfilment of conditions registered in the driving licence" .

48. In § 38 (1) (2), the word shall be: "main residence" replaced by the phrase "Residence (§ 5 (1) (1) (1))" .

49. In § 39 (4), the word "main residence" replaced by the word "Residence".

50. In § 39, the following paragraph 6 is added:

"(6) The official acts or prohibitions described in paragraphs 1 to 5 also refer to provisional driving licences or holders of provisional driving licences."

51. In § 41, the following paragraph 8 is added:

" (8) The proceedings pending on 1 March 2006 shall be continued in accordance with the legal situation in force at that date. The one with 1. Pending proceedings before the end of October 2006, the Commission shall continue its proceedings in accordance with the legal situation in force at that date.

52. In § 43, the following paragraph 15 is added:

" (15) It enters into force:

1.

Section 30a (2) Z 13 in the version of the Federal Law BGBl. I n ° 152/2005 with 1. Jänner 2006;

2.

§ 2 (2), § 6 (2) and (4), § 7 (3) Z 15, § 11 (6b) and (7), § 13 (1), 2 and 4 to 8, § 14 (1), § 15 (1), third and fourth sentence, and (2) and (4), § 16 (2) with regard to the company's driving licence, § § § § § § § § § § § § § § § § § § § § § § § § § § § § § 16 (4) and § 21 (2), § 24 (1) and (3), § 30a (4), § 31 (4), § 32 (1), § 34 (1), § 36 (2), § 37 (3) and (6), section 39 (6), § 41 (8), as amended by the Federal Law BGBl. I No 152/2005, on 1 March 2006;

3.

§ 4 (2), § 4c (1), § 5, § 7 (7) and (8), § 8 (1), § 10 (1) and (2), § 11 (6), § 13 (3), § 14 (5) and (7), § 15 (1), first sentence and second sentence, and (3), § § 16 to 17, insofar as they did not enter into force on 1 March 2006, Section 19 (3), § 20 (6), § 21 (4), § 22 (5), § 23, § 30 (1) and (3), § 32 (2), § 33 (3), § 36 (1), (4) and (5), § 38 (1), § 39 (4), as amended by the Federal Law BGBl (Federal Law Gazette). I n ° 152/2005 with 1. October 2006. From 1. In January 2006, the authorities and other parties involved in the proceedings are allowed to participate in the trial under this federal law as amended by the Federal Law Gazette (BGBl). I n ° 152/2005. At the same time, the procedures have been applied in the past.

, Regulations pursuant to Section 11 (7) and Section 13 (8) in the version of the Federal Law BGBl (Federal Law Gazette). I No 152/2005 may already be adopted by the date of its presentation, but may not enter into force until 1 March 2006 at the earliest. The one in § 36 para. 1 Z 1 lit. (d) the appropriations referred to in the first paragraph may already be The report is adopted in October 2006. "

Fischer

Bowl