Accident Investigation Law, As Well As Modification Of The Aviation Act, The Railway Act 1957, The Shipping Act And The Combined Driving Act 1967

Original Language Title: Unfalluntersuchungsgesetz sowie Änderung des Luftfahrtgesetzes, des Eisenbahngesetzes 1957, des Schifffahrtsgesetzes und des Kraftfahrgesetzes 1967

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123. Federal Act, the accident investigation authority of the Federation is built (accident investigation law) with the Aeronautics Act, the Railway Act 1957, the Shipping Act and the motor vehicles Act be changed in 1967

The National Council has decided:

Table of contents



Article 1 Federal law on the establishment of the accident investigation authority of the Federal Government (accident investigation law) article 2 amendment to the aviation law article 3 amendment to the Railway Act 1957 article 4 amending the Shipping Act article 5 amendment of the force driving Act 1967 article 1

Federal law on the establishment of the accident investigation authority of the Federal Government

(Accident investigation law)

Table of contents

1 section

General information



§ 1 subject to § 2 definitions 2 section

Organization



Section 3 establishment of the accident investigation authority of section 4 federal organization of the accident investigation authority 3. section

Investigation procedure



§ 5 principles of the investigation procedure section 6 bias § 7 obligation of article 8 initiation of the investigation section 9 incident indicator § 10 attendance by experts and interpreters of § 11 investigative powers article 12 organs of public security article 13 documentation § 14 opinion procedure § 15 survey § 16 Security Advisory Section 17 reinvestigation § 18 retention obligations § 19 activity report section 20 incident statistics 4. section

Cooperation with other States in the field of aviation



Article 21 mutual cooperation during incidents section 22 foreign examination reports 5 section

Establish a Safety Advisory Board


Article 23 6 Safety Advisory Section

Final provisions



Article 24 implementation of legal acts of the European communities article 25 penalty provision section 26 repeals section 27 transitional provision of § 28 staff regulations for federal employees section 29 referral section 30 linguistic equal treatment article 31 enforcement § 32 in force 1 section

General information

Subject



§ 1 (1) this federal law applies to the investigation of incidents in the areas of aviation, rail, marine and cable cars, as far as these incidents in the Austrian territory have occurred.

(2) this Act also applies to the investigation of incidents in the areas of aviation, rail and shipping, if these incidents outside of the Austrian territory have occurred and



1. these air vehicles are registered in the Austrian aircraft register or commercially used in an Austrian air carriers or 2 these ships approved by Austrian authorities or commercially employed by an Austrian shipping company or 3. these rail vehicles have been approved by the Austrian authorities or be commercially used by an Austrian railway company and the examination is not performed by another State. Intergovernmental agreements remain unaffected.

(3) this Act does not apply to incidents with vehicles of the armed forces, if these incidents are investigated by military commissions of inquiry.

(4) in the case of incidents which involve civilian and military vehicles, is to create a joint accident report of the military Commission and the accident investigation authority.

Definitions



2. (1) in the areas of



1 Aviation is the operation of civil aircraft in accordance with § 11 paragraph 2 conjunction with § 11 para 1 of the Aviation Act, Federal Law Gazette No. 253/1957;

2. rail is operating a main and branch (§ 4 Railway Act 1957, Federal Law Gazette No. 60), a siding (§ 7 Railway Act 1957, Federal Law Gazette No. 60) and a tram, which runs exclusively on a car body, such as subways (§ 5 par. 1 Z 2 Railways Act 1957, Federal Law Gazette No. 60), including the operation of rail vehicles on a main minor, connection - and tram, which runs exclusively on a railway body;

3. shipping is the operation of a vehicle within the meaning of section 2 No. 1 of the Shipping Act, Federal Law Gazette I no. 62/1997 idF BGBl I no. 102/2003 on waterways in accordance with § 15 leg. cit;

4. cable car is the operation of a railway within the meaning of § 2 Z 1, 2a and 2B ba of the cableway Act 2003, Federal Law Gazette I no. 103/2003, to understand.

(2) incidents under this Act include accidents and incidents.

(3) an event from the beginning of walking on Board of persons with the intention of flight is considered accident in aviation until such time as all such persons have left this aircraft again if this



1. a person fatally or seriously has been injured others on Board of the aircraft or b. through direct contact with the aircraft or one of its parts, even if this part caused by the aircraft, or c. by direct effect of the turbine or propeller jet of aircraft, except that these violations by himself or by any other passenger have been added to the injured party or have other natural causes or that's dealing with injuries by unauthorized People flying with is that outside of the normally accessible spaces had hidden the passengers and the crew or the aircraft or the aircraft cell has a 2. damage suffered and a. the strength Association of aircraft, the flight services or the flight characteristics as a result have been impaired and b. the repair of this damage usually a big repair or replacement of the damaged part of the aircraft would require , except that after engine failure or engine damage, the damage of the aircraft is limited to the affected engine, his disguise or its accessories, or that the damage to an aircraft is limited to damage to propellers, wing tips, antennas, tyres, brakes, planking or on smaller dents or holes in the outer skin, or 3. the aircraft is missing or is completely inaccessible.

Shall 4 each event be considered accident in the area of rail:



1 is derail at the rail or collide with each other 2 in which people killed or seriously injured or considerable damage take 3rd at the vehicles, infrastructure or the environment and rail safety regulation or control of security, clearly affected.

(5) every event in which a person has been fatally or seriously injured, an accident involved vehicle was significantly damaged or the infrastructure or the environment have taken considerable damage is considered accidents in the areas of shipping and cable cars.

(6) another event than an accident, associated with the operation of the means of transport and that interfere with the safe operation or, except in the areas of rail, cable cars and shipping could affect applies as a disorder in the areas listed in article 2, paragraph 1.

(7) a disorder, whose Umstände indicate that almost an accident would have happened is as a serious incident.

(8) considered causes of actions, omissions, events or conditions or a combination of these factors, which have resulted in an accident or incident.

Shall 9 an injury which is sustained by a person in an accident and which has the result in death within 30 days after the date of the accident be considered fatal injury.

(10) injury is an injury which is sustained by a person in an accident and the



1 a hospital stay of more than 24 hours seven days after the occurrence of the injury requires fractures result (except simple fractures of fingers, toes or nose) has 2 or 3 lacerations to the sequence has the heavy bleeding or injury to nerve, muscle or tendon strings or 4. causing damage to internal organs has or 5 Burns second or third degree or has more than 5% of the body surface to the result or 6 following a proven suspension is compared to infectious substances or harmful radiation.

(11) investigation into the meaning of this federal law is a procedure for the purpose of prevention of incidents, which includes the collection and analysis of information, the drawing of conclusions, including the determination of causes and, if necessary, the creation of safety recommendations.

(12) investigative body is a person who is involved in the launch of a study on the basis of their qualifications.

(13) head of investigation is an investigative body, which on the basis of his qualifications, is responsibility for organisation, carrying out and supervising an investigation.

2. section

Organization

Establishment of the accident investigation authority of the Federal Government



§ 3. To investigate incidents and accidents cause research and accident prevention, an accident investigation authority is built. It is available under the Federal Ministry of transport, innovation and technology, as part of the Federal Office for transport. It is functionally and organizationally independent of all Governments and parties, running the tasks of the accident investigation authority whose interests could collide.

Organization of the accident investigation authority




§ 4 (1) of the accident investigation authority is a leader. This is appointed by the Federal Minister for transport, innovation and technology from the district, the head of the Department. The head of the accident investigation authority coordinates the individual departments of the accident investigation authority and supports them in their areas of responsibility.

(2) in the accident investigation authority departments for the investigation of incidents in the area are



1 Aviation, 2 rail, 3. the shipping industry, set up 4 of the cable cars. A head of department heads each the individual departments.

(3) (constitutional provision) the Director and the staff of the accident investigation authority are involved in their operations as investigative bodies on any instructions from institutions outside of the accident investigation authority. So long investigations into the criminal justice services run or a criminal proceedings are pending, first case only in agreement may be investigations for accidents according to § 2 para 3 Z 1, par. 4 No. 2 and paragraph 5 the competent public prosecutor's Office to be carried.

3. section

Investigation procedure

Principles of the procedure of investigation



5. (1) investigations in accordance with the provisions of this section have exclusive target of the finding of the cause of the incident, to work out safety recommendations, which can contribute to the prevention of similar incidents in the future.

(2) the investigations may not aim to clarify the blame or liability.

(3) the scope of the investigation has become to set according to the extent and the nature of the incident, as well as the expected findings for the improvement of road safety.

(4) the investigation is making simple and practical having regard to these objectives. In the interest of the efficiency of the investigation and the relevance of the evidence an investigation is carried out immediately. The investigations at the scene are complete as soon as possible, so that the infrastructure can be repaired as soon as possible and released for the traffic.

(5) the investigation procedure is non-public.

Bias



6. (1) investigative bodies have to contain the Office and persuading the representation, if important reasons which are likely to draw the full impartiality in doubt, as in § 7 paragraph 1 of the General administrative procedures Act 1991, BGBl. No. 51, the grounds mentioned. Applies the procedure that any experts.

(2) in the case of danger in delay have when a representation is not immediately available urgent measures to take self-conscious investigative bodies.

(3) the head of the accident investigation authority decides on the bias of the respective incident investigation bodies. On the bias of a Department head, is represented by the oldest investigation head of this Department.

Confidentiality commitment



§ 7 (1) the Director and staff of the investigative and other participating persons are obliged them to secrecy about all exclusively from their occupation in the accident inquiry-known facts whose Geheimhaltung is offered on behalf of a local authority, one of the parties or the investigation.

(2) have to say Director or staff before a court or before an administrative authority and can be seen from the charge that the subject could be subject to the statement of the obligation referred to in paragraph 1, so they have to report it to the Director of the Federal Office for transport. This one has to decide whether the person from the obligation to deliver. He has interest in the non-disclosure against the interest in the statement to evaluate where the purpose of the procedure is to take into account. The head of the Federal Office for transport can pronounce the delivery provided that the public is excluded from the part of the statement, which forms the subject of childbirth.

Initiation of the investigation



§ 8 (1) is carried out on the orders of the head of Department of any investigation of incidents in the areas of aviation, rail, marine and cable cars. The incident to be investigated concerns several traffic areas, the head of the accident investigation authority shall determine which specialist is responsible for the initiation of the investigation and the examination procedure.

(2) an investigation is by the respective Department only to arrange, if not already due to the message addressed to the accident investigation authority, the cause of the incident appears as enlightened.

(3) an investigation is also for clarity about the cause of the incident whenever to arrange if you expect that a separate investigation of the incident brings knowledge to prevent future accidents.

(4) an investigation of an incident can be done at a later time, if there is reason to believe that there are the conditions for an investigation within the meaning of paragraph 3.

(5) each reported incident is independently from carrying out an investigation into the incident statistics.

(6) If an investigation is initiated in the area of rail, the Railway Agency shall within one week to communicate. The communication contains information on date, time and place of the event as well as the kind and on the consequences of the event in relation to persons and damage to property.

Incident Viewer



§ 9. If no investigation in accordance with § 8 is initiated, an incident display is by the respective Department of any reported incident to customize that contains a presentation of the facts and the cause of the incident. The incident indicator may contain safety recommendations that to deliver are those which can implement the Security Advisory.

Attendance by experts and interpreters



10. (1) the accident investigation authority is entitled to the assistance of appropriate people and facilities who are responsible to you in the course of this activity.

(2) early experts are entitled to fees in accordance with §§ 24 to 37 and 43 to 51 of the fees entitlement Act 1975 for their activity, BGBl. No. 136. The fee is in accordance with section 38 of the fees entitlement Act 1975 with the authority to claim. The head of the Department has to determine the amount of the fee. Before determining fees, the expert can be prompted to comment on circumstances that are important for the calculation of fees, and to present missing receipts, setting a specific time limit.

(3) paragraph 2 with the proviso applies the fees claim of interpreters that is the amount of the claim to the paragraphs 24 to 33, 34 para 1 in conjunction with para 2 first sentence, para. 4 and 5, 36, 37 para 2, 53 para 2 and 54 of the fees entitlement Act 1975, BGBl. No. 136 calculated.

Powers of investigation



11. (1) the investigative bodies are entitled to exercise following powers as far as this is necessary for the fulfilment of the purpose of the investigation:



1. easy access to the place of the incident or incident and the vehicle, its any cargo, his wreck, or parts thereof;

2. immediate evidence and documented removal of rubble, components and parts of 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 examinations of the victims (dead, injured) or corresponding samples and access to the results of examinations of the people involved in the operation of the vehicle or of appropriate samples;

5. easy access to relevant information through consultation of the relevant documents of the owner, of the holder, the maintenance operations and of the manufacturer of the vehicle and its parts and the authorities responsible for these transport sectors and companies and, where appropriate, making photocopies;

6 obtain certificates, documents and files, questioning involved, witnesses, experts and persons important to others for the purpose of the investigation and obtain written statements.

(2) as far as investigations in particular post-mortems or seizures appear necessary to the purpose of the investigation, these are by the head of investigation, taking into consideration that to order that this evidence in the course of judicial proceedings not be hindered. Accidents in accordance with § 2 para 3 Z 1, par. 4 No. 2 and paragraph 5 first case has to establish the agreement of the head of the investigation with the competent public prosecutor's Office on the conduct of investigations.

(3) rights of persons allowed to intervene in only, insofar as this is absolutely necessary to the exercise of discretion or to carry out administrative enquiries (section 1 and 2), and proportionate to the purpose of the measure is maintained. This Ordinance shall in particular to take, that is the aspired success in a reasonable proportion to the likely caused interference with the rights of individuals, and to consider whether there is reasoned views of the aspired success not with less invasive measures.


(4) these people in the case of obtaining information, as well as surveys of participants and witnesses is drawing with a trusted adult. Persons who expose themselves by their statement the risk of criminal prosecution or that risk in connection with a criminal case against them to charge itself, are to teach about their right to remain silent. Have they expressly waived their right to remain silent, so their testimony in the judicial proceedings other nullity may cannot be used to their detriment as evidence.

(5) the disclosure is the investigation institutions to follow, stating their property as the investigation organ. The Federal Minister for transport, innovation and technology has by regulation to determine the form and content of the document.

Bodies of the public security service and shipping supervision



Section 12 (1) incidents in the areas of aviation and rail have, upon request of the investigative bodies the organs of public security in the course of the performance of duties otherwise incumbent on them to provide the required support. These include in particular:



1. blocking the site of the incident against unauthorized access of third parties;

2. securing the site of the incident, the traces of the incident, vehicle, of the wreck and its parts, cargo and the other contents of the vehicle until the release by the head of the investigation.

(2) in the case of incidents in the maritime field have the organs of shipping supervision to provide the necessary assistance in accordance with paragraph 1.

Documentation



§ 13. About individual acts of investigation the investigation organ memos has in terms of section 16 or records within the meaning of § 14 of the General administrative procedures Act 1991, BGBl. No. 51, to make. Have this place anyway, to include time and subject of the study plot and the handwritten signature of the head of the study plot.

Opinion procedure



14. (1) before completion of the investigation report is in the areas of rail, cable cars and shipping the case a draft of the report such as in particular the manufacturers at the incident vehicles involved in all those who can contribute or even in close relationship to the scene of the incident, to avoid future similar incidents, or in the case of foreign manufacturers to their agents, as far as these are located in domestic , railway undertakings, the cable car company, the holders of the railway vehicle, railway staff, the arms of the vehicles involved in the incident, representatives or to the operation of the vehicles involved in the incident involved people and the competent authorities within the meaning of the extra Act to ensure Federal Law Gazette No. 200/1982,.

(2) for the aerospace, according to § 21 para 2 opportunity enterprises, the maintenance operation of the aircraft, the authorities responsible for civil aviation and airport operation and the observers to give to comment in writing on the facts relevant to the incident and conclusions is the operator of the aircraft, the manufacturer of the aircraft and its parts, the flight crew, the body responsible for air traffic control, prior to the conclusion of an investigation report. To this end, the draft of the investigation report is to send.

(3) reasoned opinions that are submitted by the persons referred to in paragraphs 1 and 2 within the period to be determined by the head of the investigation, that four weeks at least, are taken into account in the investigation report and attached as annex.

(4) in the area of rail information about the investigation and its course is the bodies referred to in paragraph 1 and persons at the request to grant.

Investigation report



Section 15 (1) is any investigation of an incident to complete an investigation report. The report has in its content by type and scope of the incident to. The report refers to the exclusive purpose of the investigation pursuant to § 5 para 1 conjunction with § 2 para. 11 and includes, where appropriate, safety recommendations.

(2) the report shall contain the following while preserving the anonymity of the persons involved in the incident:



1. details of the incident;

2. information about the means of transport involved;

3. the outer circumstances of causal to the incident;

4. studies and their results;

5. adverse effects of the 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 para 2.

(3) the final report of the investigation after an accident is to publish; this as soon as possible, preferably not later than twelve months after the accident.

(4) one copy of the investigation report is



1. the Federal Minister for transport, innovation and technology;

2. the participants of the opinion procedure;

3. in the area of aviation on the Commission of the European communities and the International Civil Aviation Organization in accidents by aircraft over 5,700 kg;

4. in the area of rail to the Railway Agency;

5. the public prosecutor in accidents in accordance with § 2 para 3 Z 1, par. 4 No. 2 and paragraph 5 first case to submit.

(5) the results of the examination report referred to in paragraph 2 may be used in judicial criminal proceedings in other invalidity not as evidence to the detriment of the accused Z 7.

(6) the Federal Minister for transport, innovation and technology has scope to determine the content and form of the investigation report for the rail sector through regulation.

Security Advisory



Section 16 (1) a safety recommendation is a proposal for the prevention of incidents, presented the accident investigation authority based on information that arose during the investigation. Safety recommendations are issued by the accident investigation authority, in principle within the framework of the investigation reports and incident ad and may contain statements or assumptions about the blame or liability for an incident in any case.

(2) a safety recommendation is to give regardless of the stage of the examination procedure, if this is necessary due to the imminent danger to the prevention of future incidents on the same or similar occasion without further delay. She can be set, which can translate into appropriate measures the safety recommendation in those places.

Reinvestigation



§ 17. The head of the accident investigation authority has to arrange the resumption of the investigation, when ten years after completion of the investigation report new-coming facts become known, on the basis of which a different investigation result is expected.

Retention obligations



The investigation file and other files over incidents are section 18 (1) in a structured way to store and archive evidence.

(2) the period for the retention of investigation files is in accidents with death toll of 30 years. All other files are to be kept 20 years. The periods shall begin to run at the end of the examination procedure.

Activity report



§ 19. The head of the Federal Office for transport has a detailed report on the activities of the accident investigation the Federal Minister for transport, innovation and technology last year up to present no later than end of March each year. The report has to include including the safety recommendations and the measures taken following previous security advisories. This report is the Federal Minister for transport, innovation and technology together with the annual activity report of the Federal Office for transport in accordance with section 131, paragraph 4 KFG 1967 until no later than end of may of each calendar year the National Council to submit.

Incident statistics



Section 20 (1) has the accident investigation authority to keep anonymous statistics about the incidents reported to her. The Federal Agency for transport has to submit the incident statistics the Federal Minister for transport, innovation and technology and to publish annually.

2. the statistics shall contain:



1 involved the nature of the dangerous goods; transportation and whose nationality sign, construction patterns, type of damage of the vehicle, third party damage, for the transport of dangerous goods

2. the number of persons who were in the vehicle.

3. number of injured inmates and the consequences of the incident (fatal, serious, other injuries);

4. date of the incident, Vorfallsort, sequence of events and circumstances of the incident (type of disorder) as well as the identified causes of the incident.

4 section

Cooperation with other States in the field of aviation

Mutual cooperation during incidents



Section 21 (1) in the event that the Federal territory in the operation of a non type-tested or in the Austrian aircraft register of registered or used not by an Austrian aviation company aircraft incident occurred in, has the accident investigation authority the understanding in annex 13 to the Convention on international civil aviation, Federal Law Gazette No. 97/1949, making States provided for.


(2) the States agreed in accordance with paragraph 1 may send an observer to investigate if investigations of Austrian aircraft incidents in their territory Austrian observers be admitted to the investigation. Other intergovernmental agreements remain unaffected.

(3) if necessary, the accident investigation authority may request the competent authorities of other States,



1. systems, equipment and devices for the technical investigation of wreckage, on-board equipment, and others for the investigation of major items b. evaluation of the records of the flight recorders, c. the electronic storage and analysis of data of the incident, 2. investigative bodies for specific tasks on the occasion of an incident of particular importance and severity available to make.

(4) the accident investigation authority may grant this assistance on request from other States. She is granted free of charge on the basis of reciprocity.

(5) the Director of the Federal Office for transport can transfer the investigation of an incident to the extent necessary in another Member State of the European Union after consultation with the leader of the accident investigation authority, if this investigation can be accelerated significantly or greater technical and personnel capacities exist in the other State. The investigative powers are exercised in this case by the head of the Department of aviation.

(6) in the case of incidents at the domestic samples tested, registered in the Austrian aircraft register or operated in the framework of an Austrian aviation company aircraft operations outside of the Austrian territory the accident investigation authority performs in case the function of the observer in the foreign investigation by sending an investigation body and a number of consultants who to send are from the air carriers or the development operation, appropriate to the event.

Foreign research reports



§ 22 foreign investigation reports, parts thereof, or documents which the investigative bodies have access, may not be published without the express consent of the foreign investigating authority or made accessible to third parties. This does not apply if the foreign investigating authority has already published these reports or released. There is no obligation to publish foreign investigation reports. Any safety recommendations are to bring the appropriate places.

5. section

Establish a Safety Advisory Board

Traffic Safety Advisory Council



Section 23 (1) the Federal Minister for transport, innovation and technology has to order the Safety Advisory Board of expert advice in matters of road safety and in particular to the ongoing evaluation and development of Verkehrssicherheitsprogrammes for all modes of transport.

(2) The Safety Advisory Board consists of:



1 3 representatives of the Federal Ministry for transport, innovation and technology, 2 3 representatives of the Federal Ministry of the Interior, 3. 1 representative of the Federal Ministry for education, science and culture, 4. 1 representative of the Ministry of national defense, 5 / 1 representatives of the offices of the provincial governments, 6 1 representative of the Austrian Federal Economic Chamber, 7 1 representative of the Federal Chamber of labour, 8 1 representatives of the associations of motor vehicle owners and clubs to promote road safety , if this force driving Advisory Board are represented 9 per 1 representative of the clubs represented in the National Council, 10 per 1 representatives of private and public institutions from the field of accident research and to promote road safety in the areas of transport road traffic, aviation, rail, cable cars and shipping. The number of representatives in accordance with Z 10 should not exceed a total 16, while ensuring companies and workers in particular sufficient representation from the field of scientific research of accident as well as in the individual transport sectors.

(3) to members of the road safety Council only EEA nationals may be ordered, that are trusted and suitable for the tasks listed in paragraph 1. The order shall be limited to a period of five years. For each Member, order a replacement member.

(4) the members of the Advisory Board and their alternate members are obliging with handshake, to provide their opinions to the best of my knowledge and belief, and to preserve the confidentiality of all facts known to them only from their activities as a member of the Advisory Board. However, this obligation of secrecy does not apply to the coverage of civil servants in his Department. The Office of a member of the Advisory Board is a free voluntary work; its exercise does not entitle to compensation for travel costs or time failure compared to the Advisory Board itself.

(5) the Chairman of the road safety Council is the Federal Minister for transport, innovation and technology. He can with his representative as Chairman appoint an employee of the Federal Ministry for transport, innovation and technology and consult occasionally also experts who are not members of the Advisory Council, to cooperate or form special working committees. He has to ensure that the opinion of each Member that has embraced not the opinion of the majority, is recorded in the minutes of the meeting from voting on advisory decisions. The meetings of the Advisory Committee shall not be public.

(6) the Safety Advisory Board has to give its rules of procedure, which requires the approval of the Federal Minister for transport, innovation and technology.

6 article

Final provisions

Implementation of the European Community acts



§ 24. With this federal law will be



1. the Directive 94/56/EC on the principles governing the investigation of accidents and incidents in civil aviation, OJ No. L 319, 12.12.1994, p. 14, and 2. the Directive 2004/49/EC on rail safety, OJ No. L 164 of 30.4.2004 p. 44, implemented in the field of investigation of accidents and incidents,.

Criminal provisions



Section 25 (1) who contravenes this Act or the regulations adopted pursuant to this federal law, unless there is a legal offence, commits an administrative offence and is by the district administrative authority with a fine up to 20,000 euros, to punish in case their recovery with an imprisonment up to six weeks.

(2) the withheld penalty payments flow to the authority that has to bear the expenses of the authority conducting the criminal proceedings at first instance.

Repeal of legislation



§ 26 (constitutional provision) with in force this Federal Act is the Federal law on the investigation of accidents and errors in the operation of civil aircraft (aircraft accident investigation law - flight), Federal Law Gazette I no 105/1999 is repealed.

Transitional provisions



Investigation of air accidents and serious incidents in the field of aviation, which have occurred before this Federal Act in force, are 27 (1) to continue according to the existing regulations and to complete as far as possible one year after this Federal Act in force.

(2) this Federal Act is in shipping only to incidents occurring after the expiry of the December 31, 2005, to be applied.

Staff regulations for federal employees



§ 28 officials and contract staff of the Central Office of the Federal Ministry for transport, innovation and technology, which exclusively or predominantly get tasks, which are Nos. 1 and 2, in the task pane, the accident investigation authority pursuant to § 4 paragraph 2 are laced with 1.1.2006 in the Federal transport.

Referral



section 29. As far as the Federal Government is referenced in this Federal Act other federal laws or international treaties, these are, as far as nothing else is arranged, to apply in their respectively valid version.

Linguistic equal treatment



section 30. As far as this federal law to natural persons are related names only in the male form, they relate to women and men in the same way. In applying the terms to certain individuals, the respective gender-specific form is to use.

Enforcement



§ 31. With the execution is entrusted, as far as nothing else is determined, the Federal Minister for transport, innovation and technology.

In force



32. (1) this federal law with January 1, 2006 enter into force.

(2) (constitutional provision) § 4 para 3 and section 26 come into force by 1 January 2006.

Article 2

Amendment to the aviation law

The Aviation Act, Federal Law Gazette No. 253/1957, as last amended by Federal Law Gazette I no. 98/2005 is amended as follows:

1 accounts for in the section 12 paragraph 1 the words "and article 15 par. 2 of the aircraft accident investigation law (flight), Federal Law Gazette I no. 105/1999,".

2. in article 18 and article 132, paragraph 2, the words account for each "and § 15 par. 2 flight".

3. in article 136 par. 2, the citation is "§ 2 Nos. 1 and 3 flight" by the citation "article 2 par. 3 and 7 of the accident investigation Act, Federal Law Gazette I no. 123/2005" replaced.

4. in § 136 paragraph 3, the phrase is "air accident investigation authority (§ 4 flight)" is replaced by the words "Accident investigation authority of the Federal Government (section 3 of the accident investigation law)".


5. in article 136 par. 4 and 5, the word "Air accident investigation authority" is replaced by the words "Accident investigation authority of the Federal Government".

6 paragraph 137 section 1:



"(1) is the study of accidents and errors in the operation of civil aircraft according to the accident investigation law making."

7 paragraph 137 paragraph 4:



"(4) the Federal Minister for defence has by regulation to set the detailed rules about the composition of the flight accident Commission and conducting the investigations referred to in paragraph 2, taking into consideration the purpose of the investigation."

8. in paragraph 137, the paragraph 7 is eliminated.

9. in paragraph 173 be added following paragraph 20 and 21:



"(20) section 137 (4) as amended by Federal Law Gazette I no. 123/2005 effective with January 1, 2006. Article 137 para 7 occurs with expiry of the 31 December 2005 except force.

(21) I will take no. 123/2005, article 12, paragraph 1, article 18, article 132, paragraph 2, article 136 par. 2 to 5 and article 137 para 1, each as amended by Federal Law Gazette January 2, 2006 effect."

Article 3

Amendment to the Railway Act of 1957

The Federal law on the railways (Railway Act 1957), BGBl. No. 60, last amended by Federal Law Gazette I no. 38/2004, is amended as follows:

1. According to article 19, paragraph 2, the following paragraph 2a is inserted:



"(2a) the railway undertaking is obliged, accidents and incidents that occur in the processing or backup of operation railway or railway traffic, immediately the accident investigation authority (§ 3 accident investigation Act, Federal Law Gazette I no. 123/2005) to report." The Federal Minister for transport, innovation and technology has by regulation to determine. the size and the form of the messages of the railway companies'

2. in § 52 para 1, sentence is inserted after the second sentence:



"§ 19 para 2a also applies to accidents and errors that have occurred on connecting railroads."

3 the following paragraph 6 is added to § the 135:



"I no. 123/2005 (6) § 19 para 2a and § 52 para 1 as amended by the Federal Act, Federal Law Gazette 1 January 2006 into force."

Article 4

Amending the Shipping Act

The Federal law on inland waterway transport (maritime law), Federal Law Gazette I no. 62/1997, amended by Federal Law Gazette I no. 102/2003, is amended as follows:

1. According to article 31, paragraph 3, the following paragraph 3a is inserted:



"(3a) pursuant to par. 1 of the shipping supervisory received messages are that immediately on the accident investigation authority (§ 3 accident investigation Act, Federal Law Gazette I no. 123/2005) forward."

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



"(7) § 31 para 3a in the version of Federal Law Gazette I no. 123/2005 effective with January 1, 2006."

Article 5

Amendment of the cableway Act 2003

The Federal law on cableways (cable car law 2003 - SeilbG 2003), Federal Law Gazette I no. 103/2003, is amended as follows:

section 104 is as follows:





104. (1) the cable car company has the Federal Minister of transport to supply the information necessary for the cable car statistics innovation and technology in time and completely.

(2) the cable car company is obliged, accidents and incidents in the cable car operation of the accident investigation authority of the Federal Government (section 3 accident investigation Act, Federal Law Gazette I no. 123/2005) immediately. The Federal Minister for transport, innovation and technology has by regulation to determine. the size and the form of the messages of the cable car company"

Fischer

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