123. Federal Law, which establishes the Federal Accident Investigation Office (Accident Investigation Act) and the Aviation Act, the Railways Act 1957, the Maritime Law and the Kraftfahrgesetz 1967.

The National Council has decided:

table of contents

Article 1	Federal Law on the Establishment of the Federal Accident Investigation Office (Accident Investigation Act)
Article 2	Amendment of the Aviation Act
Article 3	Amendment of the Railway Act 1957
Article 4	Amendment of the Maritime Law
Article 5	Amendment of the Force Act 1967

Article 1

Federal Law on the Establishment of the Federal Accident Investigation Office

(Accident Investigation Act)

table of contents

Section 1

General

§ 1	Subject matter
§ 2	Definitions

Section 2

Organization

§ 3	Establishment of the Federal accident investigation office
§ 4	Organisation of the accident investigation site

Section 3

Investigation procedure

§ 5	Principles of the investigation procedure
§ 6	Befanity
§ 7	Obligation to comply with the law
§ 8	Initiation of the investigation
§ 9	Incident Display
§ 10	Education of experts and interpreters
§ 11	Investigative powers
§ 12	Bodies of the Public Security Service
§ 13	Documentation
§ 14	Opinion proceedings
§ 15	Investigation report
§ 16	Security recommendation
§ 17	Resumption of the investigation
§ 18	Retention duties
§ 19	Activity Report
§ 20	Incident Statistics

Section 4

Cooperation with other countries in the field of aviation

Section 21	Mutual cooperation in the event of incidents
Section 22	Foreign investigation reports

Section 5

Establishment of a Transport Safety Advisory Council

Section 23

Transport Safety Advisory Council

6.

Final provisions

§ 24	Implementation of legal acts of the European Communities
Section 25	Criminal provisions
Section 26	Repeal of legislation
§ 27	Transitional provision
§ 28	Staff regulations for federal staff
§ 29	Referral
§ 30	Linguistic equality
Section 31	Enforcement
Section 32	In-force pedals

Section 1

General

Subject matter

§ 1. (1) This federal law applies to the investigation of incidents in the fields of aeronautics, rail, shipping and cable cars, insofar as these incidents have occurred in Austria's territory.

(2) This federal law shall also apply to the investigation of incidents in the fields of aeronautics, rail and shipping if these incidents have occurred outside the territory of the Austrian territory and

1.		these aircraft are registered in the Austrian Air Vehicle Register or are used commercially in an Austrian air carrier; or
2.		these ships are approved by Austrian authorities or are used commercially by an Austrian shipping company, or
3.		these rail vehicles have been approved by the Austrian authorities or are used commercially by an Austrian railway undertaking
and the investigation is not carried out by another state. Intergovernmental agreements remain unaffected.

(3) This federal law does not apply to incidents involving vehicles of the Federal Army, if these incidents are investigated by military investigative commissions.

(4) In the event of incidents involving civil and military vehicles, a joint accident report shall be drawn up by the Military Investigation Commission and the accident investigation body.

Definitions

§ 2. (1) In the fields of

1.		Aviation is the operation of a civil aircraft within the meaning of § 11 para. 2 iVm § 11 para. 1 of the Aviation Act, BGBl. No 253/1957;
2.		Rail is the operation of a main and secondary railway (§ 4 Railway Act 1957, BGBl. No. 60), a connecting railway (§ 7 Railway Act 1957, BGBl. No. 60) and a tramway which operates exclusively on its own railway body, such as underground railways (§ 5 paragraph 1 Z 2 Eisenbahngesetz 1957, BGBl. N ° 60), including the operation of rail vehicles on a main, side-by-side, connecting and tramway, which operates exclusively on its own railway;
3.		Shipping is the operation of a vehicle within the meaning of § 2 Z 1 of the Shipping Law, BGBl. I n ° 62/1997 idF BGBl. I n ° 102/2003 on waterways in accordance with § 15 of the Code. cit;
4.		Cable car is the operation of a railway as defined in § 2 Z 1, 2a and 2 b ba of the cable car law 2003, BGBl. I No 103/2003,
to understand.

(2) Incidents in accordance with this Act shall be subject to accidents and incidents.

(3) In the event of an accident in the aeronautical sector, an event shall be deemed to have been an event from the commencement of the seizance of persons with a flight vision until all such persons have left the aircraft again, if this is the case.

1.		a person has been fatally or seriously injured
a.			on board the aircraft or
b.			by direct contact with the aircraft or any of its parts, even if this part has been detached from the aircraft, or
c.			by the direct effect of the jet of the turbine or propeller of the aircraft,
		unless these injuries have been inflicted on the injured person by themselves or by another passenger, or have a different natural cause, or that they are injuries to unauthorised persons involved in the injury, who are outside the rooms normally accessible to passengers and crew members, or
2.		the aircraft or the aircraft cell has suffered damage and
a.			the strength association of the aircraft cell, the flight operations or the flight characteristics have been compromised; and
b.			the repair of this damage would normally require a major repair or replacement of the damaged aircraft part, unless the damage to the aircraft is limited after engine damage or engine failure to the engine, its disguise or its accessories or that the damage to an aircraft is limited to damage to propellers, wing tips, radio antennas, tyres, brakes, planking, or to minor infestations or holes in the aircraft; the outer skin, or
3.		the aircraft is missing or is completely inaccessible.

(4) Every event shall be deemed to be an accident in the rail sector:

1.		in the case of rail vehicles derailed or colliding with each other,
2.		where people are killed or seriously injured, or
3.		in the case of vehicles, infrastructure or the environment, and the regulation of railway safety or the management of safety is clearly affected.

(5) As an accident in the shipping and cableway areas, any event in which a person has been fatally or seriously injured, an accident-related vehicle has been seriously damaged, or the infrastructure or the environment is significant Damage taken.

(6) A disturbance in the areas referred to in Article 2 (1) shall be deemed to be an event other than an accident which is related to the operation of the respective means of transport and which affects the safe operation or, except in the areas of rail, Cableways and shipping could be affected.

(7) A disturbance is considered to be a serious disturbance, the circumstances of which indicate that almost an accident had occurred.

(8) The causes shall be acts, omissions, events or circumstances, or a combination of these factors, which have resulted in an accident or a disturbance.

(9) A fatal injury shall be deemed to be an injury suffered by a person in the event of an accident and which results in the death within 30 days of the date of accident.

(10) A serious injury shall be deemed to be a breach suffered by a person in the event of an accident and which

1.		requires a hospital stay of more than 24 hours within seven days of the occurrence of the injury, or
2.		Results in bone fractures (with the exception of simple brooches of fingers, toes or nose) or
3.		Causes severe bleeding or injury to nerves, muscle or tendon cords, or
4.		has caused damage to internal organs, or
5.		second or third degree burns or more than 5% of the body's surface area; or
6.		The result of a proven suspension of infectious substances or harmful radiation is the result of a proven suspension.

(11) Investigation within the meaning of this Federal Law is a procedure for the prevention of incidents involving the collection and evaluation of information, the preparation of conclusions, including the identification of the causes, and where appropriate, the establishment of safety recommendations.

(12) An investigative body is a person who, on the basis of their qualifications, is involved in carrying out an investigation.

(13) Investigator shall be an investigative body responsible for the organisation, implementation and supervision of an investigation, on the basis of his qualifications.

Section 2

Organization

Establishment of the Federal accident investigation office

§ 3. An accident investigation site is established for the investigation of incidents as well as for accident prevention research and accident prevention. As part of the Federal Transport Authority, the Federal Ministry of Transport, Innovation and Technology is responsible for this. It is functionally and organisationally independent of all authorities and parties whose interests could collide with the tasks of the accident investigation agency.

Organisation of the accident investigation site

§ 4. (1) The accident investigation body shall be in charge of a ladder. This is ordered by the Federal Minister for Transport, Innovation and Technology from the circle of department heads. The head of the accident investigation department coordinates the individual departments of the accident investigation office and supports these in their areas of responsibility.

(2) In the accident investigation body, specialist areas for the investigation of incidents in the field

1.		aviation,
2.		the rail,
3.		shipping,
4.		the cable cars
set up. A specialist area manager is available for each of the individual departments.

(3) (constitutional provision) In the course of their activities as investigative bodies, the head and the staff of the accident investigation body shall not be bound by any instructions from organs outside the accident investigation site. As long as investigations are carried out in the service of criminal justice or criminal proceedings are pending, administrative investigations in the event of an accident pursuant to § 2 (3) (1), (4) (2) and (5) first case may only be carried out in agreement with the competent authorities. Prosecutors are being led.

Section 3

Investigation procedure

Principles of the investigation procedure

§ 5. (1) Investigations in accordance with the provisions of this section shall be the sole objective of determining the cause of the incident in order to develop safety recommendations which contribute to the avoidance of similar incidents in the future. .

(2) The investigations must not be aimed at clarifying the question of guilt or liability.

(3) The scope of the investigation shall be based on the extent and nature of the incident and on the probable findings for the improvement of road safety.

(4) The investigation procedure shall be carried out in a simple and appropriate way, taking account of these objectives. In the interests of the efficiency of the investigation and the validity of the evidence, an investigation shall be carried out without delay. Investigations at the scene of the accident must be completed as soon as possible, so that the infrastructure can be repaired and released as soon as possible and for the traffic.

(5) The investigation procedure shall not be public.

Befanity

§ 6. (1) Inquiry bodies shall abstain from the Office and shall arrange for their representation if there are important reasons which are likely to cast doubt on the full unpartiality, such as in particular those contained in Section 7 (1) of the General Administrative Procedure Act 1991, BGBl. No. 51, reasons mentioned. This shall also apply to the experts attached to the procedure.

(2) In the event of a risk of default, if a representation is not immediately available, investigators shall take inexorable measures.

(3) The head of the accident investigation body shall decide on the partiality of the investigative bodies responsible for the respective incident. In the case of a specialist area manager, this is represented by the oldest investigator in this field of life.

Obligation to comply with the law

§ 7. (1) The head of the investigative body and the staff of the investigative body, as well as other persons involved, shall be bound to secrecy by all the facts known to them exclusively from their activities in the course of the accident investigation, the Secrecy in the interest of a local authority, a participant or an investigation is required.

(2) If the head or staff testify in court or in front of an administrative authority, and can be recognized from the summons that the subject-matter could be subject to the statement of confidentiality in accordance with paragraph 1, they shall have: to report this to the head of the Federal Agency for Transport. This has to decide whether the person is to be disbanded from the confidentiality obligation. In doing so, he has to weigh the interest in secrecy against the interest in the statement, taking into account the purpose of the proceedings. The head of the Bundesanstalt für Verkehr (Federal Agency for Transport) can declare that the public is excluded from the part of the statement that forms the subject of the deprivation.

Initiation of the investigation

§ 8. (1) Any investigation of incidents in the fields of aeronautics, rail, shipping and cable cars shall be carried out on the order of the head of the department. If the incident to be investigated concerns several areas of transport, the head of the accident investigation unit shall determine which department is responsible for initiating the investigation and the investigation procedure.

(2) An investigation is to be arranged by the respective department only if the cause of the incident appears to be enlightening as a result of the notification addressed to the accident investigation site.

(3) An investigation shall also be carried out in the event of clarity on the cause of the incident, if it is to be expected that a separate investigation into the incident will result in the avoidance of future accidents.

(4) An investigation of an incident may also be carried out at a later date if there is reason to believe that the conditions for an investigation within the meaning of paragraph 3 are met.

(5) Each reported incident shall be included in the incident statistics irrespective of the conduct of an investigation.

(6) If an investigation is initiated in the rail sector, the Railway Agency shall be notified within one week. The agreement shall contain information on the date, time and location of the event, as well as on the nature and consequences of the event in respect of personal and property damage.

Incident Display

§ 9. If no investigation is initiated in accordance with § 8, an incident display shall be displayed by the respective department for each reported incident, which shall include a presentation of the facts and the cause of the incident. The incident display can contain safety recommendations that are to be transmitted to those who can implement the security recommendation.

Education of experts and interpreters

§ 10. (1) The accident investigation body shall be entitled to recover appropriate persons and entities which are responsible for the activities of the accident investigation agency.

(2) Beige experts shall be entitled to charges in respect of their activities in accordance with § § 24 to 37 and 43 to 51 of the Fees Act 1975, BGBl. No. 136. The fee is to be submitted to the Authority in accordance with Section 38 of the Fees Act 1975. The head of the department has to determine the amount of the fee. Before the fee is determined, the expert may be asked to comment on circumstances which are important for the calculation of fees, and to submit, by setting a specific deadline, a lack of confirmations.

(3) The fees of interpreters shall be subject to the provisions of paragraph 2, with the proviso that the amount of the claim pursuant to Sections 24 to 33, 34 (1) in conjunction with Section 2, first sentence, para. 4 and 5, 36, 37 (2), 53 (2) and (54) of the Fees Act shall apply. 1975, BGBl. No. 136.

Investigative powers

§ 11. (1) The investigative bodies shall have the right to exercise the following powers to the extent necessary for the purpose of carrying out the purpose of the investigation:

1.		unimpeded access to the location of the incident or incident, and to the vehicle, its possible cargo, its wreckage or parts thereof;
2.		Immediate tracking and documented removal of debris, components and components of the cargo for examination and evaluation purposes;
3.		immediate access to recording equipment, recording media and other records from the vehicle, as well as access to other records and their evaluations;
4.		access to the results of investigations of the victims (dead, injured) or of appropriate samples and access to the results of investigations of the persons involved in the operation of the vehicle or of appropriate samples;
5.		unimpeded access to relevant information by inspection in the relevant written documentation of the owner, the holder, the maintenance holdings and the manufacturer of the vehicle and its parts, and the manufacturer of the vehicle and its parts, Transport areas competent authorities and undertakings and, where appropriate, the production of such photocopies;
6.		Procure documents, documents and files, questions of interested parties, witnesses, experts and other persons who are important for the purpose of the investigation, as well as obtaining written comments.

(2) In so far as official investigations such as, in particular, obductions or seizures appear to be necessary for the purpose of carrying out the investigation, these are to be ordered by the investigative director to take evidence that this is the case. are not impeded in the course of judicial proceedings. In the event of an accident pursuant to Section 2 (3) (1), (4) (2) and (5) first case, the investigator shall establish the agreement with the competent public prosecutor's office on the conduct of investigations.

(3) Persons may only intervene in the rights of persons to the extent to which this is to the exercise of a power or to carry out administrative investigations (paragraph 1). 1 and 2) is strictly necessary and proportionality is maintained for the purpose of the measure. In particular, it should be borne in mind that the success sought is in a reasonable proportion to the presumed interference in the rights of persons, and to consider whether measures to take less action are also to be considered. the prospect of success is well-founded.

(4) In the event of a request for information and interviews with participants and witnesses, such persons shall be allowed to take part in a confidential person. Persons who, by means of their testimony, expose themselves to the risk of criminal prosecution or who run the risk of burdening themselves in connection with a criminal procedure conducted against them, shall be lecturing on their right to claim the statement refuse. If they do not expressly renounce their right to refuse to testify, their statements in the judicial criminal proceedings may not, in the case of any other invalidity, be used as evidence of their disadvantage.

(5) An identity card shall be issued to the investigative bodies, indicating their property as an investigative body. The Federal Minister of Transport, Innovation and Technology has to determine the form and content of the ID card by means of a regulation.

Bodies of the Civil Security Service and the Maritime Inspection Authority

§ 12. (1) In the event of incidents in the aeronautical and rail sectors, the institutions of the public security service shall, at the request of the investigative bodies, provide the necessary assistance in the course of the performance of the tasks otherwise provided for them. These include in particular:

1.		Closure of the site of the incident against unauthorised access of third parties;
2.		Protection of the site of the incident, the traces of the incident, the vehicle, the wreck and its parts, the cargo and the other contents of the vehicle, until they are released by the investigator.

(2) In the event of incidents in the field of navigation, the institutions of the Maritime Inspection Authority shall provide the necessary assistance in accordance with paragraph 1.

Documentation

§ 13. The investigative body has access to documents within the meaning of § 16 or of the minutes within the meaning of § 14 of the General Administrative Procedure Act 1991, Federal Law Gazette (BGBl). No. 51. In any case, they shall contain the place, time and subject of the investigation and the personal signature of the head of the investigation.

Opinion proceedings

§ 14. (1) Before the conclusion of an investigation report, in the areas of rail, cableway and shipping, depending on the situation of the case, a draft report shall be submitted to all those who can contribute to the prevention of future similar incidents or even in close cooperation with the relationship to the events of the incident, such as, in particular, the manufacturer of the vehicles involved in the incident or, in the case of foreign producers, to their authorised representative, to the extent that they have their registered office in the country, the railway undertaking, which shall: Cableway undertakings, the holders of the railway vehicle, the representatives of the Railway personnel, the drivers of the vehicles involved in the incident, the persons involved in the operation of the vehicles involved in the incident and the competent authorities, in the sense of the Delivery Act, BGBl. No 200/1982.

(2) Before the conclusion of an investigation report, the aeronautical sector shall be the holder of the aircraft, the manufacturer of the aircraft and its parts, the flight crew, the competent authority for air traffic control, the maintenance operation of the aircraft. Aircraft, the authorities and undertakings responsible for civil aviation and the operation of the aerodrome, and the observers referred to in Article 21 (2), of an opportunity to write to the facts and conclusions relevant to the incident in writing. . For this purpose, the draft report shall be sent.

(3) reasoned opinions submitted by persons referred to in paragraphs 1 and 2 within the time limit to be determined by the investigator, which shall not be less than four weeks, shall be taken into account in the investigative report and shall be considered as: Annex.

(4) In the area of rail, the bodies referred to in paragraph 1 and persons referred to in paragraph 1 shall be informed of the investigation and its course of action.

Investigation report

§ 15. (1) Any investigation of an incident shall be concluded with an investigative report. The content of the report shall be based on the nature and scope of the incident. The report refers to the exclusive purpose of the investigation pursuant to § 5 paragraph 1 iVm § 2 para. 11 and contains safety recommendations if necessary.

(2) The report shall contain, with due regard for the anonymity of the persons involved in the incident:

1.		details of the incident;
2.		information on the means of transport involved;
3.		the external circumstances for the incident causal;
4.		the studies carried out and their results;
5.		Adverse effects of investigations and their reasons;
6.		the evaluation of the results;
7.		the determination of the causes or probable causes of the incident in accordance with § 5 (2).

(3) The final examination report after an accident shall be published as soon as possible and as soon as possible after 12 months after the accident.

(4) A copy of the investigation report shall be sent to:

1.		the Federal Minister of Transport, Innovation and Technology;
2.		the participants in the opinion process;
3.		in the field of aeronautics, to the Commission of the European Communities and the International Civil Aviation Organisation in the event of accidents of aircraft of more than 5,700 kg;
4.		in the rail sector, to the Railway Agency;
5.		the competent public prosecutor's office in the event of an accident pursuant to § 2 para. 3 Z 1, para. 4 Z 2 and para. 5 first case
shall be transmitted.

(5) The findings of the investigative report in accordance with paragraph 2 (2) (7) may not be used as evidence to the detriment of the accused in the judicial criminal proceedings in the event of any other invalidity.

(6) The Federal Minister for Transport, Innovation and Technology has to determine the scope, content and format of the report of the Committee of Inquiry into the rail sector by regulation.

Security recommendation

§ 16. (1) A safety recommendation shall be a proposal for the prevention of incidents submitted by the accident investigation authority on the basis of information that has emerged during the investigation. Safety recommendations are generally issued by the accident investigation agency within the scope of the investigation reports and incident advertisements, and may not in any case statements or suspicions about the guilt or liability for an incident .

(2) A safety recommendation shall be lodged irrespective of the stage of the investigation procedure where this is necessary in the event of a risk of delay in the prevention of future incidents of the same or similar reason without further delay. It shall be addressed to those bodies which are able to implement the safety recommendation in appropriate measures.

Resumption of the investigation

§ 17. The head of the accident investigation body shall order the resumption of the investigation if new facts become known within ten years of the completion of the investigative report, on the basis of which a different situation is known. The outcome of the investigation is expected.

Retention duties

§ 18. (1) The file of investigation and other acts relating to incidents shall be stored and archived in an evidence structure.

(2) The time limit for the storage of investigative files shall be 30 years in the case of accidents involving fatalities. All other files are to be kept for 20 years. The deadlines shall begin to run at the end of the investigation procedure.

Activity Report

§ 19. The Federal Ministry of Transport, Innovation and Technology (Federal Ministry for Transport, Innovation and Technology) has published a detailed report on the activities of the accident investigation agency last year until the end of March of each calendar year. . In particular, the report shall also include the safety recommendations made and the measures taken following previous safety recommendations. This report is to be published by the Federal Minister for Transport, Innovation and Technology together with the annual activity report of the Bundesanstalt für Verkehr (Bundesanstalt für Verkehr) pursuant to § 131 (4) KFG 1967 until the end of May of each calendar year by the National Council. ,

Incident Statistics

§ 20. (1) The accident investigation agency shall have an anonymized statistic on the incidents reported to it. The Federal Agency for Transport has to submit the incident statistics to the Federal Minister for Transport, Innovation and Technology and publish it annually.

(2) The statistics have to be included:

1.		the means of transport concerned and their signs of nationality, type of construction, type of damage to the vehicle, damage to third parties, the type of dangerous goods in the case of the transport of dangerous goods;
2.		the number of persons who have been in the vehicle;
3.		the number of people who have been injured and the consequences of the incident (fatal, serious, other injuries);
4.		Date of incident, incident location, fall and circumstances of the incident (type of incident), as well as the identified causes of the incident.

Section 4

Cooperation with other countries in the field of aviation

Mutual cooperation in the event of incidents

§ 21. (1) In the event of an aircraft not registered in the territory of the Federal Republic of Germany or registered in the Austrian aircraft register or not used by an Austrian air carrier, in the case of the operation of an aircraft registered in the Federal Republic of Germany or not by an Austrian air carrier, The accident investigation body has reached an understanding of the incident in Annex 13 to the Convention on International Civil Aviation, BGBl. No 97/1949, to be implemented by the Member States.

(2) States which have been agreed in accordance with paragraph 1 may send an observer to the investigation if, in the case of investigations of incidents of Austrian aircraft in its territory, Austrian observers are admitted to the investigation. Any other intergovernmental agreements shall remain unaffected.

(3) If necessary, the accident investigation body may request the competent authorities of other States to:

1.		Installations, installations and equipment for
a.			the technical inspection of pieces of wreckage, on-board equipment and other objects that are important for the investigation,
b.			the evaluation of the record of the flight recorders;
c.			the electronic storage and evaluation of data of the incident,
2.		Investigative bodies for specific tasks on the occasion of an incident of particular importance and seriousness
to the public.

(4) The accident investigation authority may grant such assistance to other States at the request of the accident investigation authority. It is granted free of charge on the basis of reciprocity.

(5) The Head of the Federal Transport Agency may, after hearing the Head of the Accident Investigation Body, transfer the investigation of an incident to the necessary extent to another Member State of the European Union, if that is the case. can be significantly accelerated or, in the other state, greater technical and human capacities. In such a case, the investigative powers shall be exercised by the Head of the Aeronautics Division.

(6) In the event of an incident during the operation of aircraft registered in the Austrian aircraft register or registered in the Austrian aircraft register or operated by an Austrian air carrier, outside the Austrian air transport company Where necessary, the Territory shall, where necessary, carry out the accident investigation body by sending an investigative body and a number of advisers, appropriate to the event, to be sent by the air carrier or by the development establishment, which shall: Function of the observer in the foreign investigation true.

Foreign investigation reports

§ 22. Foreign investigation reports, parts of it, or documents to which the investigative bodies have access may not be published or made available to third parties without the express consent of the foreign investigation authority. This shall not apply if the foreign investigation authority has already published or released these reports. There is no obligation to publish foreign investigation reports. Any safety recommendations shall be brought to the attention of the appropriate authorities.

Section 5

Establishment of a Transport Safety Advisory Council

Transport Safety Advisory Council

§ 23. (1) The Federal Minister for Transport, Innovation and Technology has to provide expert advice on road safety issues and in particular on the ongoing evaluation and development of a traffic safety programme for all modes of transport to order the Transport Safety Advisory Council.

(2) The Transport Safety Advisory Council shall consist of:

1.		3 representatives of the Federal Ministry of Transport, Innovation and Technology,
2.		3 representatives of the Federal Ministry of the Interior,
3.		1 representative of the Federal Ministry of Education, Science and Culture,
4.		1 representative of the Federal Ministry of Defence,
5.		1 representative of each of the offices of the State Governments,
6.		1 representative of the Austrian Economic Chamber,
7.		1 representative of the Federal Chamber of Labour,
8.		1 representative of each of the associations of motor vehicle owners and of associations for the promotion of road safety, provided that they are represented in the power supply council,
9.		1 representatives of the clubs represented in the National Council,
10.		1 representatives of private and public bodies in the field of accident research and the promotion of road safety in the transport sectors of road transport, air transport, rail, cable cars and shipping. The number of representatives in accordance with Z 10 shall not exceed a total of 16, with, in particular, sufficient representation in the field of scientific accident research and the activities carried out in the various transport sectors; and workers must be guaranteed.

(3) Only EEA citizens who are trustworthy and are particularly suitable for the tasks referred to in paragraph 1 may be appointed to members of the Transport Safety Advisory Council. The order shall be limited to a period of five years. A substitute member shall be appointed for each member.

(4) The members of the Advisory Board and their spare members shall be bound by a handshake to deliver their opinions to the best of their knowledge and consciences, and shall be notified of all of them exclusively from their duties as members of the Advisory Board. Facts of secrecy. However, this duty of confidentiality shall not apply to the reporting of a public servant to his or her service. The office of a member of the Advisory Board is a free of charge honorary office; its exercise does not constitute a claim for compensation for travel expenses or time failure vis-à-vis the Advisory Board itself.

(5) The Chairman of the Transport Safety Advisory Council is the Federal Minister of Transport, Innovation and Technology. He may entrust a staff member of the Federal Ministry of Transport, Innovation and Technology with his representative as chairman, and may also consult experts who are not members of the Advisory Board for cooperation, or special Working committees. In the vote on advisory decisions, he must ensure that the opinion of each member, which does not agree with the opinion of the majority, is recorded in the minutes of the sitting. The meetings of the Advisory Board shall not be public.

(6) The Transport Safety Advisory Council shall have a point of order which shall require the approval of the Federal Minister for Transport, Innovation and Technology.

6.

Final provisions

Implementation of European Community legislation

§ 24. With this federal law,

1.		Directive 94 /56/EC on the principles governing the investigation of accidents and incidents in civil aviation, OJ L 94, 4.4.1994, p. No. OJ L 319, 12.12.1994 p. 14, and
2.		Directive 2004 /49/EC on safety in the rail sector, OJ L 327, 22. No. 44., in the field of investigation of accidents and incidents,
.

Criminal provisions

§ 25. (1) Any person who is contrary to this federal law or to the regulations adopted pursuant to this Federal Act, unless there is an act which can be punishable by a court, is subject to an administrative surrender and shall be appointed by the District Administrative Authority with a Fine up to 20,000 euros, in the event of their inability to punish with a replacement custodial sentence of up to six weeks.

(2) The penalty payments received shall be allocated to the local authority, which shall bear the burden of the authority which carries out the criminal proceedings in the first instance.

Repeal of legislation

§ 26. (constitutional provision) With the entry into force of this federal law, the Federal Act on the Investigation of accidents and faults in the operation of civil aircraft (Flight Unfall-Inveschungs-Gesetz-FlUG), BGBl. I No 105/1999.

Transitional provisions

§ 27. (1) Investigations of air accidents and serious aviation incidents which occurred before the entry into force of this Federal Law are to be continued in accordance with the rules in force so far and, if possible, one year after the entry into force of force to complete this federal law.

(2) This federal law is only applicable in the field of shipping to incidents which occur after the expiry of the 31.12.2005.

Staff regulations for federal staff

§ 28. Officials and contract staff of the Central Office of the Federal Ministry of Transport, Innovation and Technology, who carry out exclusively or mainly tasks that are within the remit of the accident investigation agency pursuant to § 4 (2) (1) and (2) (2) (1) (2) (1) and (2). have been transferred to the Bundesanstalt für Verkehr (Federal Agency for Transport) with 1.1.2006.

Referral

§ 29. Insofar as this federal law refers to provisions of other federal laws or state treaties of the Federal Republic of Germany, these are, as far as nothing else is ordered, to be applied in their respective applicable versions.

Linguistic equality

§ 30. In so far as the names referred to in this Federal Act on natural persons are listed only in male form, they refer to women and men in the same way. In applying the names to certain natural persons, the gender-specific form shall be used.

Enforcement

§ 31. The Federal Minister of Transport, Innovation and Technology is responsible for the enforcement of the law, unless otherwise specified.

In-force pedals

§ 32. (1) This federal law shall enter into force 1. Jänner 2006 in force.

(2) (constitutional provision) Section 4 (3) as well as section 26 shall take place with 1. Jänner 2006 in force.

Article 2

Amendment of the Aviation Act

The Aviation Act, BGBl. N ° 253/1957, as last amended by the Federal Law BGBl. I n ° 98/2005, shall be amended as follows:

1. In Section 12 (1), the words " and § 15 (2) of the Air Accident Investigation Act (FlUG), BGBl. I No 105/1999, '.

2. The words in § 18 and § 132 (2) shall be deleted. "and Section 15 (2) of the FlUG" .

3. In § 136 (2) the citation shall be "§ 2 Z 1 and 3 FlUG" through the citation " § 2 (3) and (7) of the Accident Investigation Act, BGBl. I No 123/2005 " replaced.

4. In § 136 (3) the word order shall be "Flight accident investigation site (§ 4 FlUG)" by the words "Federal accident investigation body (§ 3 of the Accident Investigation Act)" replaced.

5. In § 136 (4) and (5), the word shall be "Flight accident investigation site" by the words "Federal accident investigation agency" replaced.

6. § 137 (1) reads:

"(1) Investigation of accidents and incidents in the operation of civil aircraft shall be carried out in accordance with the Accident Investigation Act."

7. § 137 (4) reads:

" (4) The Federal Minister for National Defence has the more detailed rules on the composition of the air accident commission and on the conduct of the investigations pursuant to paragraph 2 on the basis of the purpose of the investigation by Regulation "

8. § 137 shall not apply to paragraph 7.

9. The following paragraphs 20 and 21 are added in § 173:

" (20) § 137 (4) in the version of the Federal Law BGBl. (I) No 123/2005 occurs with 1. Jänner 2006 in force. Section 137 (7) shall expire at the end of 31 December 2005.

(21) § 12 (1), § 18, § 132 (2), § 136 (2) to (5) and § 137 (1), in each case in the version of the Federal Law BGBl. I n ° 123/2005, enter into force on 2 January 2006. "

Article 3

Amendment of the Railway Act 1957

The Federal Act on Railway Law (Railway Act 1957), Federal Law Gazette (BGBl). N ° 60, as last amended by BGBl. I n ° 38/2004, shall be amended as follows:

1. According to Article 19 (2), the following paragraph 2a is inserted:

" (2a) The railway undertaking shall be obliged, without delay, to the accident investigation body (Section 3 of the Accident Investigation Act, BGBl), which shall immediately be responsible for the accidents and incidents which occur in the handling or securing of railway operations or railway traffic. I No 123/2005). The Federal Minister of Transport, Innovation and Technology has to determine the scope and form of notifications of railway undertakings by regulation. "

2. In § 52 (1), the following sentence shall be inserted after the second sentence:

"Section 19 (2a) shall also apply to accidents and incidents that have occurred on connecting trains."

(3) The following paragraph 6 is added to § 135:

" (6) § 19 (2a) and § 52 (1) in the version of the Federal Act, Federal Law Gazette (BGBl). I No 123/2005 is 1. Jänner 2006 in force. "

Article 4

Amendment of the Maritime Law

The Federal Act on Inland Waterways (Shipping Law), BGBl. I n ° 62/1997, as last amended by BGBl. I No 102/2003, shall be amended as follows:

1. In accordance with § 31 (3), the following paragraph 3a is inserted:

" (3a) The notifications made pursuant to paragraph 1 of the Maritime Supervision Authority shall be immediately sent to the accident investigation body (§ 3 Accident Investigation Act, BGBl. I No 123/2005). "

2. The following paragraph 7 is added to § 149:

" (7) § 31 (3a) in the version of the Federal Law BGBl. (I) No 123/2005 occurs with 1. Jänner 2006 in force. "

Article 5

Amendment of the Cable Car Act 2003

The federal law on cableways (Seilbahngesetz 2003-SeilbG 2003), BGBl. I n ° 103/2003, shall be amended as follows:

Section 104 reads as follows:

" § 104. (1) The cable car company shall provide the Federal Minister of Transport, Innovation and Technology with the information necessary for the cable car statistics in a timely and complete manner.

(2) The cable car company is obligated to cause accidents and malfunctions in the cable car operation of the Federal Accident Investigation Office (§ 3 Accident Investigation Act, BGBl. I No 123/2005). The Federal Minister of Transport, Innovation and Technology has to determine the scope and form of notifications of cableway companies by regulation. "

Fischer

Bowl