Change Of The Danger Goods Transport Law (Ggbg Amendment 2005)

Original Language Title: Änderung des Gefahrgutbeförderungsgesetzes (GGBG-Novelle 2005)

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118. Federal law amends the hazardous goods transport law (GGBG amendment 2005)

The National Council has decided:

Article 1

The dangerous goods transport law, Federal Law Gazette I no. 145/1998, as amended by the amendment to the GGBG 2003, Federal Law Gazette I no. 61/2003 is amended as follows:

1. the table of contents is as follows:



"Table of contents







1 article General provisions







§ 1





Scope







§ 2





Applicable regulations







§ 3





Definitions







2. cut off packaging, containers and tanks - use; Permits for radioactive substances; Vehicles - use







§ 4





Admissibility of the use of packaging, containers and tanks







§ 5





Approval of radioactive materials in special form and design patterns of packaging (shipping piece patterns) for radioactive material







§ 6





Admissibility of the use of vehicles







3. cut off transport of dangerous goods, security, admissibility, obligations of parties, approval, exceptions, hazardous goods officer, emergency measures, reporting of events, backup







§ 7





Security, admissibility of the carriage obligations of parties







§ 8





Transportation permit







§ 9





Exemptions







§ 10





Temporary deviations







§ 11





Security Advisor (hazardous goods officer)







§ 12





Emergency measures







§ 12a





Reports of events







§ 12 b





Backup







4 section special provisions concerning the carriage of dangerous goods by road







§ 13





Obligations by participants







§ 14





Special training of the handlebar







§ 15





Controls on the road







§ 15a





Deficiency in promotion







§ 16





Arrangement of the interruption and provisional prohibition of carriage







§ 17





Prohibition and limitation of carriage







§ 18





Procedures for the prohibition and restriction of transport and deprivation and restriction of transport approval







Article 20





Inspections in enterprises







Article 21





Administrative assistance







section 22





Inspection reports







5 article special provisions concerning the carriage of dangerous goods by rail







Article 23





Obligations by participants







section 24





Different labelling transportation of general cargo







6 article special provisions concerning the carriage of dangerous goods by inland waterways







§ 24a





Obligations by participants







7 section special provisions concerning the carriage of dangerous goods in maritime transport







section 24 b





Special training







8 section special provisions concerning the transport of dangerous goods within the framework of civil aviation







§ 24c.





Special training







9 cut off authorities and experts, penal provisions, final and transitional provisions







§ 25





Competent authorities







section 26





Expert







§ 27





Penal provisions, special provisions relating to criminal procedure







§ 28





Except force







section 29





Transitional provisions







Article 30





Enforcement"





2. § 2 No. 1 to 3 are:



"1 for the transport in accordance with § 1 para 1 subpara 1 the European Agreement concerning the international carriage of dangerous goods by road (ADR), Federal Law Gazette No. 522/1973, in the version of the amendment of annexes A and B, BGBl. III No. 156/2004 and the error corrections, made manifest;"

2. for carriage pursuant to section 1 para 1 No. 2 the Convention on international carriage by rail (COTIF), annex B - uniform rules concerning the contract for the international carriage of goods (CIM), annex I - all right for the international carriage of dangerous goods (RID), Federal Law Gazette No. 137/1967, as amended by the amendment BGBl. III No. 123/2004, as well as the amendment BGBl. III No. 109/2004 and the error corrections, made manifest;

"3. for carriage in accordance with § 1 para 1 Z 3 the sections 5, 9, 12, 13, 14, 16, 35, 40, 103, 109 and 119 of the Shipping Act, Federal Law Gazette I no. 62/1997 as amended by Federal Law Gazette I no. 41/2005 and the regulation of the Federal Minister for transport, innovation and technology concerning the carriage of dangerous goods by inland waterways (ADN), regulation BGBl. II Nr. 13 / 2005 in its up-to-date version;"

3. in article 2, Z 5 "Edition 2003-2004" is replaced by "Edition 2005-2006".

4. in article 3, following Z 7 c, 7 d and 7e are inserted:



"7 c. backup are measures or arrangements that are to meet to the theft or misuse of dangerous goods, vulnerable persons, goods or the environment, to minimize.

7 d dangerous goods with high potential of danger are dangerous goods, where the possibility of abuse for terrorist purposes and therefore risk serious consequences, such as loss of many human lives and massive destruction, and are listed as such in the legislation coming referred to in section 2 to consider.

"(7e. Terminal ist ein Schnittpunkt des Kombinierten Verkehrs, a) in which the envelope is carried by vehicles or containers and b) also the storage used and c) which in some cases has also facilities for repair and maintenance work."

5. the heading of the 3rd section are a comma and the words "Reports of events, backup" to attach.

6. in section 7, paragraph 9, first sentence the words be omitted "after unloading".

7 § 11 para 1 second sentence reads:



"The companies have the Federal Minister of transport after naming or change the designation to tell the names of their adviser as well as the beginning and, if necessary, the end of its functional life innovation and technology within a month."

8. in article 11, para. 3, Z 12 is the point by the word 'and' replaced and added following Z 13:



"13 existence of the backup plan in accordance with § 12 b paragraph 7."

9 following paragraph 7a and 7B are inserted in section 11:



"(7a) when training operators in the area of the Federal Army and the army management, where exclusively members of the active and militia stand in accordance with the provisions in accordance with § 2 Nos. 1, 2 and 3 consider will be trained next relating to the training of safety officers, there are no recognition in accordance with paragraph 7." Certificates issued by these training organisers remain valid until the expiry date when whose owner retiring in the period between exhibition and expiration date of the certificate from Aktiv - und militia stand of the mentioned institutions. A prolongation of the validity can be done in this case only by authorized in accordance with paragraph 7.

(7B) training of the Federal Ministry of the Interior, where bodies of the public security service in accordance with the provisions pursuant to section 2, Nos. 1, 2 and 3 consider will be trained next relating to the training of safety officers, it required no recognition in accordance with paragraph 7. Certificates issued by this training organizers remain valid until the expiration date even if owned by excreting in the period between exhibition and expiration date of the certificate from the active state. A prolongation of the validity can be done in this case only by authorized in accordance with paragraph 7."

10 following sections 12a and 12B be added. after article 12:



"Reports of events



section 12a. Notifications of events containing dangerous goods to the competent authority the rules coming referred to in section 2 to consider are the Federal Ministry of transport, to innovation and technology.

Backup



§ 12 b. (1) all persons involved in the transport of dangerous goods must comply with their responsibilities that regulations specified for the backup in the following paragraphs.

(2) dangerous goods should be passed only carriers to transport their Identität was determined in an appropriate manner.


(3) areas within terminals for temporary parking, places for temporary parking, vehicle depots, moorings and Cartloads, used for temporary parking during the transport of dangerous goods, must properly secured, well lit and, where possible and appropriate, inaccessible to the public be. To meet these regulations, operators of infrastructure mentioned above have



1. to ensure that information in terms of the temporary parking of dangerous goods are limited as far as possible to people who need this information.

2. to ensure that the rated from the possibilities of the unnoticed access to areas used for the temporary storage during the transport of dangerous goods and of the modalities of the temporary parking, such as frequency of off site operations, types of vehicles, as well as hazards resulting types and quantities of the dangerous goods and a risk documentation, if necessary, in the backup plan (para. 7) , will be held, is to keep up to date, and 3 to make sure that the measures corresponding to the evaluation according to the documentation of the risk are carried.

(4) each Member of the crew of a vehicle or train with the dangerous goods are transported, must carry a photo ID with them during transport.

(5) checks in accordance with sections 15 to 20, as well as security checks on loading and unloading places on the basis of which according to § 2, Z must 1 eligible rules extend also on appropriate measures for the protection.

(6) the teachings down in legislation coming according to § 2 considering by persons involved in the transport of dangerous goods must include components that raise awareness to the backup. You must relate to the nature of the risks for the backup, their detection and the procedures to reduce those risks, and impairment of the safety measures to be taken, as well as knowledge about any backup plans according to the work and responsibilities of the individual and its role in the implementation of these plans. Refresher training in the area of assurance are periodically carry out, regardless of whether Bill to carry is amended regulations.

(7) the involved carrier, sender, recipient, shippers, Packers, be filler, operator of a tank container in the transport of dangerous goods with a high risk potential, a transportable tank or a tank car and the rail infrastructure manager backup plans must implement and actually apply. Each backup plan must include at least the following elements:



1. specific assignment of responsibilities in the area of assurance to persons who have the necessary skills and qualifications and are equipped with the appropriate powers;

2. list of the dangerous goods or the nature of the dangerous goods;

3. evaluation of usual operations and the resulting risks to the backup, including the transport-related stays, transport-related lingering of goods vehicles, tank or container before, during and after the change of place and of temporary hiring of dangerous goods for the change of the mode of transport or the means of transport (transshipment), where appropriate;

4. are the clear presentation of the measures to take to reduce the risks for the backup according to the responsibilities and obligations of the parties concerned, including: a) training;

b) hedging policy (E.g. measures for increased threat, review when hiring staff or transfer of personnel on certain points, etc.);

c) operating procedures (E.g., choice and use of tracks, if these are known, access to dangerous goods during the temporary parking, proximity to vulnerable infrastructure etc.);

((d)) equipment to be used for the reduction of risks for the backup and resources;

5. effective and updated procedures, as threats, breaches of security or related incidents are reported to and how you have to behave.

6. procedures for the evaluation and testing of backup plans and procedures for the regular review and updating of the plans;

7. measures to ensure of the physical security of transport information contained in the backup plan and 8.
Measures to ensure that the dissemination of the information contained in the backup plan concerning the operation to those individuals who need this information is limited. These measures may not exclude the provision of details of the rules coming referred to in section 2 to consider.

(8) it is to use protective devices or equipment or to apply protection methods to prevent that carry trains or vehicles, dangerous goods with high potential of danger or their cargoes are stolen. Measures must be taken to ensure that such facilities, equipment or procedures are always functional and effective. The application of these protection measures must not jeopardise the response to emergencies.

(9) the provisions of paragraphs 1 to 8, as well as the provision in § 11 ABS. 3 Z 13 shall not apply if



1 transportation in accordance with § 1 Z 1 in a transport unit in items in bulk and quantities transported in tanks as a whole and 2 transportation referred to in § 1 Z 2 which in a vehicle or container in items in bulk and quantities transported in tanks as a whole and 3rd at carriage in accordance with § 1 Z 3, 4 or 5 the volumes transported in a vehicle in parcels are not bigger than the amounts ", are listed in the coming referred to in section 2 to consider regulations as exempted from the provisions for the protection."

11 § 13 ABS. 1a be added following Nos. 9 and 10:



"9 to ensure that the vehicle only to the transport of dangerous goods is used if the requirements pursuant to § 6 are met and driving a transport unit with which dangerous goods are transported, to leave only to persons, within the meaning of § 14 are 10 specially trained."

12 paragraph 5 deleted § 13.

13 § 14 para 2 be added the following records:



"He has after issuing or extension in electronic form in a standard table format without being asked to provide directories of all certificates issued by him after June 30, 2005 or extended within one month the Governor has recognized the courses referred to in paragraph 3. This has to do the directories of all valid training certificates referred to in paragraph 1 which were issued or extended after June 30, 2005 on the basis of these courses up to date. The directories must contain at least the data specified by the Ordinance of the Federal Minister for transport, innovation and technology."

14. in article 14, paragraph 7, first sentence, the words "or customs authorities' are eliminated.

15. in article 15, paragraph 4 is the phrase "as amended by Directive 2001/26/EC of the European Parliament and of the Council of 7 May 2001, OJ No. L 168, 23 June 2001, p. 23 "replaced by the phrase"as amended by the directive of the Commission 2004/112/EC, OJ No. L 367 of 14.12.2004, p. 23 ".

16 15 paragraph 4 the following sentence is added to §:



"Deficiencies are to be classified according to § 15a."

17 § 15 the following paragraph 9 is added:



"(9) in the context of official supervision in accordance with section 47 Excise Act 1995 and section 86 alcohol tax law in connection with article 18 customs law implementation law must excise goods that are at the same time dangerous goods except also checks on dangerous goods carried the ordered and already carried out checks during transport of excise goods. These checks are to support. the excise customs authorities by the trained bodies of the public security service"

18. According to article 15, the following article 15a is inserted:



"Deficiency in promotion



section 15a. (1) any defects found when the checks referred to in article 15 are according to the provisions of the following paragraphs, taking into account the specific circumstances of each shipment in risk category I, II or III. In annex II of to Directive 95/50/EC on uniform procedures for the control of dangerous goods on the road, OJ are as applicable, No. L 249 of the 17.10.1995, p. 35, as amended by the directive of the Commission 2004/112/EC, OJ No. L 367 of 14.12.2004, p. 23 to attract to each risk category examples provided. The Federal Minister for transport, innovation and technology has in addition prepare a deficiency catalogue of recommendations for the classification of defects in the risk categories and to provide the incoming authorities and institutions in accordance with § 15 in consideration.


(2) in risk category I is to be classified if the deficiency might be appropriate to bring about a great danger of death or serious injury of persons or significant damage to the environment.

(3) in risk category II is to be classified if the deficiency might be appropriate to bring about a risk of serious injury of persons or significant damage to the environment and to classify is not in risk category I.

(4) in risk category III is to be classified if the defect with low risk with respect to injury to persons or damage to the environment combined and not in risk category I or II to be classified."

19 paragraph 16 paragraph 1:



"(1) there are concerns whether the admissibility of transport is given, so the authorities or bodies referred to in article 15, paragraph 1 have to rearrange the interruption of transportation. The arrangement of the interruption is to pick up, if



1. no deficiencies have been identified or 2 only deficiencies have been identified, which according to § 15a in risk category III are, and, where appropriate, in accordance with article 27 paragraph 4 established security has been provided, or deficiencies which according to § 15a in risk category II or I are and fixed in place without endangering persons, property or the environment and without the help of specially trained persons and without special tools and jigs (§ 15 para 5) can be 3. "that have been fixed, and that, if necessary, fixed security has been provided in accordance with § 27 para. 4."

20 § 19 is omitted.

21 paragraph 20 paragraph 3:



"(3) to these controls are pursuant to § 25 competent authorities and who authorized these available standing bodies of the public security service." These can be



1. for the intended transport shall prohibit leaving the company until they are transferred to a proper State, or other appropriate measures to provide 2..

The sections 15 to 18 apply for these banned and other measures accordingly."

22 paragraph 4 deleted § 20.

23. in article 21, paragraph 1, the phrase "as amended by Directive 2001/26/EC, OJ is No. L 168, 23 June 2001, p. 23 "replaced by the phrase"as amended by the directive of the Commission 2004/112/EC, OJ No. L 367 of 14.12.2004, p. 23 ".

24. in article 22, para. 3, the comma and the word sequence "the Federal Ministry of finance" are eliminated after the word 'Technology'.

25. in article 23, paragraph 2, the introduction is:



"(2) the carrier has to ensure that the competent staff for promotion according to the according to § 2 Z is used 2 relevant regulations about his duties, the special features of rail transport and behavior when accidents or incidents sufficiently in knowledge and been instructed under § 7 para 1. Also has the carrier who accepts the dangerous goods at the point of origin in the context of § 7 para 1 by representative sampling in particular"

26 paragraph 24:



"Different labelling transportation of general cargo



§ 24. For transportations of packages on the railway, which take place exclusively on Austrian territory, Z may required large slip (placards), except those after pattern 1 2 specified rules instead of the according to the section 2, 1.5 or 1.6, in the car slips have integrated rectangular Orange good warnings, a baseline of 180 mm, a height of 76 mm and a black margin of 5 mm ", be placed on the vehicles."

27 § 24a paragraph 1 reads:



"(1) the carrier subsection 1 has in the context of section 7 in particular



1. to check whether the dangerous goods transported according to in accordance with § 2 Z are approved the 3 relevant provisions relating to the carriage;

2. to make sure; be accompanied by the prescribed documents on Board of the vehicle

3. characterized by a Visual inspection to ensure that the vehicles and loads have no obvious defects, leakages or cracks, missing no equipment parts, etc.;

4. to ensure that the vehicles are not overloaded;

5. to ensure that the markings prescribed for the vehicle are attached;

6 to ascertain that the equipment prescribed in the written instructions on board the vessel is carried

7 to ensure that the special rules are observed when loading, transporting, delete and other handling of dangerous goods in cargo holds or cargo tanks, and 8 to make sure that the competent staff for promotion according to the § 2 Z is 3 eligible rules about his duties and the peculiarities of the transport and the behavior when accidents or incidents sufficiently in knowledge and been instructed.

This is carried out, where appropriate, on the basis of the transport documents and the accompanying documents, by a Visual inspection of the vehicle or the containers and, where appropriate, the load. The carrier can trust but in the cases of the Nos. 1, 2 and 7 on the information made available to him by other participants and data."

28. in Article 24a, para. 3, 3 is the word in Z 'and' the point replaced by a comma, in no. 4 with a comma replaced and the word "and" attached and attached the following Z 5:



"5. the other in the § 2 Z provided for actions during the loading of ships and filling of cargo tanks to make 3 eligible rules."

29 section 24a, para 4 is omitted, paragraph 5 receives the sales designation (4).

30 the following paragraph 5 is added to § 24a:



(5) without prejudice to the according to § 7 paragraph 9 obligations under the receiver has him



1. that in the referred to in § 2 Z intended actions for the unloading of vessels to carry 3 eligible rules;

2. to ensure that in the area of the first and of the Hinterschiffes appropriate means exist to leave the ship in case of an emergency;

3. in the on the basis of which according to § 2 No. 3 into consideration coming regulations to ensure cases provided that the Gasrückführ - gas venting line a flame failsafe device exists or, which protects the ship against explosion and flames breakdown by country;

4. make sure that the seals made by him available between the ship shore connection flanges are connection charge and delete lines from building materials are attacked by the cargo or cause a decomposition of the charge nor be harmful or dangerous compounds with her can, and 5 to ensure that a continuous and effective monitoring is ensured for the entire duration of the envelope."

31. in section 24 c paragraph 1 replaces the phrase "by the Federal Ministry of transport, innovation and technology" the phrase "by the Austro Control GmbH".

32. in section 24c para 3 the amount "290 euro" replaces in Z 1 the amount of '72 euro' by '581 euro' and no. 2 '145 euro'.

33. paragraph 25 paragraph 2:



"(2) in the case of carriage in accordance with § 1 para 1 No. 1 has on the execution of this federal law by the district administrative authority, to join the Federal Police Directorate and the provincial Governor of the Federal Police. The Federal Police has



1. the compliance with the provisions of this Federal Act, the regulations adopted on the basis of this Federal Act and the other coming in accordance with § 2 considering regulations to monitor 2.
Measures which are necessary for the initiation or conduct of administrative penal proceedings, to meet and 3rd in the cases expressly provided for in this federal law to intervene."

34. paragraph 3 is § 25. Paragraph 4 is paragraph labeled (3).

35. paragraph 26 paragraph 1:



"(1) authorities recognized testing agencies and experts in the provisions coming referred to in section 2 to consider are, in the framework of its powers,



1 testing, monitoring, and certification bodies, in accordance with the accreditation law, BGBl. No. 468 / 1992, accredited or such, which reports or certifications pursuant to section 3 of the accreditation act as a domestic matter keep recognized, or 2. civil engineer, in accordance with the civil engineers Act 1993, BGBl. No. 156 / 1994, and technical offices – Engineering (consulting engineers), which authorized GewO 1994 pursuant to § 134, certain conduct in the coming referred to in section 2 to consider regulations prescribed examinations and tests and to exhibit about findings and opinion , or 3 the Federal transport or 4 test centres and experts in accordance with the General regulations of the modes of transport.

For the Z 2, 3 or 4 make no conflicts of interest may present."

36. section 26 the following paragraph 3 is added:




"(3) the marking of the packaging and tanks referred to in paragraph 2 has" A/X--Y..."to be where X for the allocated in accordance with paragraph 2, or in accordance with § 29 par. 2 still is valid short name of the inspection body or the expert and Y for a numeric or alphanumeric string that freely chosen by the testing laboratory or an expert for the purpose of registration." Vessels are in accordance with the regulation of the Federal Minister for Economic Affairs and labour on transportable pressure equipment (transportable pressure equipment Ordinance - ODGVO), BGBl. II No. 291/2001 in amended marked, so this tag is as such pursuant to this paragraph."

37. paragraph 27:



"Penal provisions, special provisions relating to criminal procedure



Section 27 (1) who



1 (§ 11), without having them by the authority have been approved, or 2. organized courses for the special training of arms (§ 14) without having it by the authority have been approved, or 3. organized courses for special training in accordance with section 24 b paragraph 1, without having them by the authority have been approved, or 4th organized training courses for Adviser training courses organized for special training in accordance with § 24 c para 1 , without having them by the authority have been approved, commits an administrative offence if the Act constitutes not a criminal offence falling within the jurisdiction of the courts or is threatened after other administrative penal provisions with more severe penalty and is with a fine of 1000 euros up to EUR 50 000, in the case of their recovery with an imprisonment up to six weeks to punish.

(2) a person who



1. as sender passes Z 1 to transport dangerous goods contrary to § 7 para 3 or 2 as shippers of dangerous goods contrary to section 7 para 8 loads Z 1 or passes or 3 as a carrier of dangerous goods contrary to § 13 para 1a Z 1 or 8, § 23 para 2 sentence 1 or Z promoted 1 or 4 or § 24a, para 1 No. 1 or 8 or names 4. violates article 11 par. 1 no or an insufficiently qualified safety officers or shall designate an adviser or uses, even though this violates article 11 par. 5 has no valid proof of training, commits an administrative offence if the Act constitutes not a criminal offence falling within the jurisdiction of the courts or is threatened after other administrative penal provisions more stringent punishment, and is fined 750 euros up to EUR 50 000, in the case of their recovery with an imprisonment up to six weeks to punish.

(3) a person who



1 as the sender, Z 2 or 4, or article 13, paragraph 1 passes dangerous goods contrary to § 7 para 3 Z 1 or § 23 para 1 to transport or transporting dangerous substances contrary to section 7 para 4 is 2 as a principal or 3 than be filler contrary to § 7 paragraph 6, section 23, paragraph 3 or Article 24a, para. 3 filled tanks, cargo tanks, battery vehicles, battery wagons or gas container with multiple elements (MEGCs) or vehicles or containers for goods in bulk or preparing the dangerous goods for transport or vehicles not controlled or 4 as shippers of dangerous goods contrary to section 7 para 8 loads Z 2, 3, 4, or 5 or section 24a, para 4 or passes or 5 as a carrier of dangerous goods contrary to § 13 para 1a Z 2, 3, 4, 6, 7, 9 or 10 or § 23 para 2 Z 2, 3 or 6 or section 24a, para 1 No. 2 , promoted 3, 4, 5, 6 or 7 or 6 as handlebar contrary to § 13 para 2-4, in operation takes a transport unit with which dangerous goods are transported, § 15 para 5 and 6 or § 18 para 2 and 4 or directs, accompanying documents or items of equipment not carrying or debtors not upon request, the authority not to request that provides necessary volumes or parts of the transported dangerous goods available or which presents cited evidence or other documents in § 18 para 2 or the decision on the limitation of the transport or the transport approval not carrying or not issued on request or 7 as a Packer violates article 7, par. 5 dangerous goods packed or prepared items containing dangerous goods for carriage or makes 8 as an operator of a tank container, a transportable tank or a tank car contrary to § 7 section 7 not for compliance with the provisions relating to him or 9 as the recipient contrary to section 7 paragraph 9 or Article 24a, paragraph 5 does not comply with the provisions concerning him not perceive its responsibility with regard to the safety officers 10 as company head violates article 11 par. 2 or 11 as hazardous goods officer violates article 11 par. 2 not carries out its tasks or first sentence a transport unit with which dangerous goods are transported, takes 12 violates article 16 par. 2 in operation or directs or last the taken precautions 13 contrary to section 16 subsection 4 not observed set orders are not followed or contravenes 14 a decision taken pursuant to article 16, paragraph 5 or 15 in accordance with article 17 Par. 1 and 2 measures does not apply or are not followed or 16 otherwise the Z 1 to 4 contravenes specified provisions or the provisions of this Federal Act or contravenes the regulations adopted on the basis of this Federal Act 17 section 2 or 18 Z 1 through 4 listed regulations, this Federal Act, or a Regulation contravenes the on the basis of the section 2 adopted decisions , commits, if the Act constitutes not a criminal offence falling within the jurisdiction of the courts or threatened after other administrative penal provisions with more severe penalty, an administrative offence and is, a) If pursuant to section 15a in risk category I to classify, with a fine of 750 euros up to EUR 50 000 or b) If pursuant to section 15a in risk category II to classify, with a fine of 100 euro up to 4000 euro or c) If pursuant to section 15a in risk category III to classify is a Fine up to 70 euro, in the case of recovery with an imprisonment to punish with fines in accordance with letter. a or b can be up to six weeks. Fines in accordance with letter. c can be collected by police fine pursuant to § 50 VStG.

(4) as a provisional security within the meaning of § 37a VStG, Federal Law Gazette 52/1991, can no. suspicion of an offence referred to in paragraph 2 or in accordance with para 3 lit. a lit an amount up to EUR 7 500, suspicion of an offence referred to in paragraph 3. b an amount be set up to 2 500 euro. The driver of the transport unit is considered representative of the carrier, if there is not this himself or a representative appointed by him to the official acts.

(5) the authority has to decide VStG also on private claims derived from an offence referred to in paragraph 2 or 3 of the road holder and regional entity bearing the cost of disaster relief organs against the accused in the sentence within the meaning of § 57.

(6) in the case of the introduction of vehicles in the Federal territory, violations in accordance with paragraph 2 or 3 are also punishable when committed on the way by one Austrian border point, which is situated on foreign territory, to the State line. The attempt of such an offence is punishable by law.

(7) in the cases of paragraph 2 Z 3 and para. 3 Z 5 of the re-entry considered crime scene."

38. in article 29, paragraph 1, the term be "§ 2 No. 1 lit. a"by" § 2 No. 1 "and"article 2 subpara 2 lit. a"by" § 2 No. 2 "replaced.

39. paragraph 3 is eliminated § 29.

Article 2

Notifikationshinweis in accordance with article 12 of Directive 98/34/EC

This law was in compliance with the provisions of Directive 98/34/EC establishing an information procedure in the field of technical standards and regulations and of the rules for the services of the information society, OJ No. L 204 of the 21.7.1998, p. 37, as amended by Directive 98/48/EC, OJ No. L 217 of the 5.8.1998, p. 18 under the notified Notifikationsnummer 2004/30/A.

Article 3

Reference to guidelines

It will be implemented into Austrian law:



1. Article 1 item 1, 2, 4, 5, 8, 10, 13, 25 and 38 of this Federal Act a) Directive 2004/111/EC to the fifth adaptation of Directive 94/55/EC of the Council on the approximation of the laws of the Member States for the transport of dangerous goods on the road to technical progress, OJ No. L 365 of the 10.12.2004, p. 25 and b) Directive 2004/89/EC for the fifth adaptation of Directive 96/49/EC on the approximation of the laws of the Member States for the carriage of dangerous goods to technical progress, OJ No. L 293 of the 16.09.2004, p. 14 and c) Directive 2004/110/EC for the sixth adaptation of Directive 96/49/EC on the approximation of the laws of the Member States for the carriage of dangerous goods to technical progress, OJ No. L 365 of the 10.12.2004, p. 24.

2. through article 1 Z 1, 15, 16, 18 to 23 and 37 of this Act the Commission Directive 2004/112/EC amending Directive 95/50/EC on uniform procedures for the control of dangerous goods on the road to technical progress, OJ No. L 367 of 14.12.2004, p. 23.

Fischer

Bowl

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