118. Federal law with which the Dangerous Goods Transport Act is amended (GGBG-Novelle 2005)

The National Council has decided:

Article 1

The Dangerous Goods Transport Act, BGBl. I No 145/1998, as amended by the GGBG Novel 2003, BGBl. I No 61/2003 shall be amended as follows:

1. The table of contents is:

" TOC
1. Section General provisions
§ 1	Scope
§ 2	Rules to be applied
§ 3	Definitions
2. Section packaging, containers and tanks-use; authorisations for radioactive substances; vehicles-use
§ 4	Admissibility of the use of packaging, containers and tanks
§ 5	Approval of radioactive substances in a special form, as well as design patterns of packaging (shipment patterns) for radioactive substances
§ 6	Admissibility of the use of vehicles
3. Transport of dangerous goods, safety precautions, admissibility, obligations of parties, authorisation, exceptions, dangerous goods officer, emergency measures, notifications of events, security
§ 7	Safety precautions, admissibility of transport, obligations of participants
§ 8	Transport authorisation
§ 9	Exception
§ 10	Temporary derogations
§ 11	Security Adviser (Hazardous Material Officer)
§ 12	Emergency measures
§ 12a	Reporting of events
§ 12b	Backup
Section 4. Special provisions relating to the transport of dangerous goods by road
§ 13	Special obligations of interested parties
§ 14	Special training of handlebars
§ 15	Controls on the road
Section 15a	Defect classification
§ 16	Arrangement of interruption and provisional suspension of transport
§ 17	Reduction and restriction of transport
§ 18	Procedures for subsatiation and restriction of transport and withdrawal and restriction of transport authorisation
§ 20	Controls in companies
Section 21	Mutual assistance
Section 22	Control reports
Section 5 Special provisions relating to the transport of dangerous goods by rail
Section 23	Special obligations of interested parties
§ 24	Deviating labeling in the carriage of goods
Section 6 Special provisions concerning the transport of dangerous goods by waterways
§ 24a	Special obligations of interested parties
Section 7 Special provisions concerning the transport of dangerous goods by sea
§ 24b	Special training
Section 8 Special provisions concerning the transport of dangerous goods in the civil aviation sector
§ 24c	Special training
Section 9. Authorities and experts, penal provisions, conclusion and transitional provisions
Section 25	Competent authorities
Section 26	Experts
§ 27	Criminal provisions, special provisions for criminal proceedings
§ 28	Out-of-Force Trees
§ 29	Transitional provisions
§ 30	Enforcement "

2. § 2 Z 1 to 3 are:

" 1.		for transport pursuant to § 1 (1) (1) (1)
		the European Convention on the International Carriage of Dangerous Goods by Road (ADR), BGBl. No 522/1973, as amended by the amendments to Annexes A and B, BGBl. III n ° 156/2004 and the corrective measures made to this end;
2.		for transport pursuant to § 1 (1) (2) (2)
		the Convention on International Carriage by Rail (COTIF), Annex B-Uniform provisions of the Treaty on the International Carriage of Goods by Rail (CIM), Annex I-Order for international rail transport dangerous goods (RID), BGBl. No. 137/1967, as amended by the BGBl amendment. III. No 123/2004 and the amendment BGBl. III No 109/2004 and the corrective measures provided for this purpose;
3.		for transport pursuant to § 1 (1) (1) (3)
		§ § 5, 9, 12, 13, 14, 16, 35, 40, 103, 109 and 119 of the Maritime Law, BGBl. I n ° 62/1997, as amended by the BGBl version. I n ° 41/2005 and the Regulation of the Federal Minister for Transport, Innovation and Technology on the Carriage of Dangerous Goods on Waterways (ADN Regulation), BGBl. II No 13/2005, as amended; "

3. In § 2 Z 5 "Edition 2003-2004" replaced by "Edition 2005-2006" .

4. In § 3, the following Z 7c, 7d and 7e shall be inserted:

" 7c.		Security shall be measures or measures to be taken to minimise the theft or misuse of dangerous goods by which persons, goods or the environment may be endangered.
7d.		Dangerous goods with a high risk of danger are dangerous goods in which the possibility of abuse for terrorist purposes, and thus the danger of serious consequences, such as the loss of many lives and massive destruction, , and which shall be cited as such in the provisions in accordance with Article 2.
7e.		Terminal is a point of intersection of combined transport,
a)			in which the handling of vehicles or containers is carried out and
b)			which is also used for storage, and
c)			which, in some cases, also has facilities for repair and maintenance work. "

5. The title of the 3. Section are a dash and the words "Messages of events, backup" .

6. In § 7 (9), first sentence, the words "after unloading" .

7. § 11 para. 1 second sentence reads:

' Within one month of the appointment or modification of the nomination or modification of the nomination, the companies shall have the names of their dangerous goods officers and the date of commencement and, where appropriate, the end of their functional duration, the Federal Minister for Transport, Innovation and Technology "

8. In § 11 para. 3 Z 12, the point is given by the word "and" replaced and the following Z 13 added:

" 13.		Existence of the security plan according to § 12b (7). "

9. The following paragraphs 7a and 7b shall be inserted in Article 11:

" (7a) In the case of training organisers in the field of the Bundesheers and the army administration, in which only members of the active and militia stand in accordance with the provisions of the provisions in accordance with § 2 Z 1, 2 and 3 concerning the Training of the Dangerous Goods Officers shall not be recognised in accordance with paragraph 7. Certificates issued by these training organisers shall retain their validity up to the expiry date even if the holders of such certificates are in the active and military status of the said certificates during the period between the date of the date of the certificate and the date of expiry of the certificate. Institutions. An extension of the validity may, however, only take place by means of the authorized persons in accordance with paragraph 7.

(7b) In the case of training events organised by the Federal Ministry of the Interior, in which bodies of the public security service are responsible, in accordance with the provisions of the provisions concerning the training of the public security service in accordance with § 2 (1), (2) and (3 If a hazardous goods officer is trained, no recognition is required in accordance with paragraph 7. Certificates issued by this training organiser shall retain their validity up to the expiry date even if their holders leave the active status in the period between the date of issuance and the expiry date of the certificate. An extension of the validity may, however, only take place by means of the authorized persons in accordance with paragraph 7. "

10. According to § 12, the following § § 12a and 12b are inserted:

" Notifications of events

§ 12a. Notifications of events involving dangerous goods to the competent authority on the basis of the provisions under § 2 shall be addressed to the Federal Ministry of Transport, Innovation and Technology.

Backup

§ 12b. (1) All persons involved in the transport of dangerous goods shall, in accordance with their responsibilities, comply with the provisions set out in the following paragraphs for the purpose of securing the goods.

(2) Dangerous goods may only be handed over to carriers for transport whose identity has been identified in an appropriate manner.

(3) areas within terminals for temporary parking, places for temporary parking, vehicle depots, berths and substations used for temporary parking during the transport of dangerous goods; shall be properly secured, well-lit and, where possible and appropriate, to be inaccessible to the public. In order to comply with these provisions, operators of an above-mentioned infrastructure

1.		ensure that information relating to the temporary storage of dangerous goods is, as far as possible, limited to persons in need of such information;
2.		to ensure that the possibilities of unnoticed access to the areas used for temporary dislocation during the transport of dangerous goods and the arrangements for temporary storage, such as the frequency of the assessment of the risks involved, the types of vehicles and the types and quantities of the dangerous goods involved, and the risk documentation, where appropriate in the context of the security plan (paragraph 1). 7), which is to be kept up to date, and
3.		ensure that the measures appropriate to the assessment are carried out according to the hazard documentation.

(4) Any member of the crew of a vehicle or train carrying dangerous goods shall carry a photo identification card during the journey.

(5) Checks in accordance with § § 15 to 20 as well as safety inspections at loading and unloading places on the basis of the provisions under § 2 Z 1 must also cover appropriate measures for the security.

(6) The submissions of persons involved in the transport of dangerous goods in the rules under consideration in accordance with § 2 must also include components intended to raise awareness of the safety of the goods. They must relate to the nature of the risks to the security, the detection and the procedures for reducing these risks, as well as the measures to be taken in the event of impairment of the security, as well as knowledge of possible safety plans. in accordance with the work and responsibility of the individual and its role in the implementation of these plans. Refresher courses in the area of security shall be carried out at regular intervals, irrespective of whether or not amended regulations are to be taken into account.

(7) The carriers, consignors, consigers, shippers, packers, packers, operators of a tank container, transportable tank or tank wagon and operator involved in the transport of dangerous goods with high risk potential the rail infrastructure must introduce and actually apply safety plans. Each backup plan shall include at least the following elements:

1.		-specific allocation of responsibilities in the area of security to persons with the necessary skills and qualifications and with the relevant powers;
2.		a list of the dangerous goods concerned or the nature of the dangerous goods involved;
3.		evaluation of the usual operations and the resulting risks to the security, including the transport-related stays, the transport-related objecting of goods in the vehicles, tanks or containers before, during and after the Change of location and temporary storage of dangerous goods for the change of mode of transport or transport (envelope), where appropriate;
4.		clear presentation of the measures to be taken to reduce the risks to the security, in accordance with the responsibilities and obligations of the participant, including:
a)			Instruction;
b)			-security policy (e.g. measures in the event of an increased threat, checks on recruitment of personnel or the displacement of staff to certain posts, etc.);
c)			Operating procedures (e.g. the choice and use of routes, provided they are known, access to dangerous goods during temporary storage, proximity to vulnerable infrastructure, etc.);
d)			equipment and resources to be used for the reduction of risks to the security;
5.		-effective and up-to-date procedures, such as threats, breaches of security or related incidents, and how to behave in this context;
6.		procedures for the evaluation and testing of the backup plans and procedures for the periodic review and updating of the plans;
7.		measures to ensure the physical security of the transport information contained in the security plan; and
8.		Measures to ensure that the dissemination of the information contained in the security plan concerning the transport operation is limited to those who need this information. Such measures shall not preclude the provision of information on the basis of the provisions under § 2.

(8) Protection devices or equipment shall be used or protective procedures to be used in order to prevent trains or vehicles carrying dangerous goods with a high risk of danger from being stolen or their charges being stolen. Measures shall be taken to ensure that such devices, equipment or procedures are at all times functional and effective. The application of these protective measures must not endanger the response to emergencies.

(9) The provisions of paragraphs 1 to 8 as well as the provision in Section 11 (3) Z 13 shall not apply if:

1.		in the case of carriage in accordance with Article 1 (1) (1), the quantities transported in a transport unit in dispatch, bulk and total tanks; and
2.		in the case of carriage pursuant to § 1 Z 2, the quantities transported in a vehicle or container in dispatch, bulk and total tanks; and
3.		in the case of carriage in accordance with § 1 Z 3, 4 or 5, the quantities transported in a vehicle in consignment pieces
are not greater than the quantities listed in the provisions under consideration in accordance with § 2 as exempted from the provisions for the protection. "

11. § 13 (1a) the following Z 9 and 10 shall be added:

" 9.		ensure that the vehicle is used for the carriage of dangerous goods only if the conditions laid down in § 6 are met, and
10.		The steering of a transport unit with which dangerous goods are transported shall be left to persons who are specially trained in the sense of § 14. "

12. Section 13 (5) is deleted.

13. § 14 (2) the following sentences are added:

" Within one month of being issued or extended in electronic form in a common table format, he/she has unsolicted lists of all certificates issued or extended by him after 30 June 2005 in a common table format, unsolicitated by the Governor , which has recognised the courses referred to in paragraph 3. It shall keep up-to-date lists of all valid training certificates as referred to in paragraph 1, issued or extended on the basis of these courses after 30 June 2005. The directories must include at least the data specified by the Federal Minister of Transport, Innovation and Technology Regulation. "

14. In § 14 (7), first sentence, the words "or customs bodies" .

15. In § 15 (4), the phrase " as amended by Directive 2001 /26/EC of the European Parliament and of the Council of 7 May 2001, OJ L 136, 31.5.2001, p. No. OJ L 168, 23 June 2001, p. 23 replaced by the phrase " as amended by Commission Directive 2004 /112/EC, OJ L 327, 30.12.2004, p. No. OJ L 367, 14.12.2004, p. 23. .

16. § 15 (4) the following sentence is added:

"Fixed defects shall be classified in accordance with § 15a."

Section 15 is added to the following para. 9:

" (9) Within the framework of official supervision in accordance with § 47 of the German Mineral Oil Tax Act 1995 and § 86 of the Alcohol Tax Act in conjunction with § 18 of the German Customs Law Implementing Act, in the case of excise goods which are at the same time dangerous goods, except for the , checks carried out and carried out during the transport of excise duties shall also be carried out on the basis of checks on dangerous goods. In the case of such checks, the customs authorities responsible for excise duty shall be supported by the competent bodies of the public security service. '

18. In accordance with § 15, the following § 15a shall be inserted:

" Notice of defects

§ 15a. (1) In the case of inspections in accordance with § 15, deficiencies are to be classified in accordance with the provisions of the following paragraphs and taking into account the particular circumstances of the particular transport in category I, II or III. Where applicable, the same procedures as set out in Annex II to Directive 95 /50/EC on uniform procedures for the control of the transport of dangerous goods by road, OJ L 206, 22.7.1995, p. No. 35), as amended by Commission Directive 2004 /112/EC, OJ L 327, 28.12.2004, p. No. 23. on the various categories of hazard. The Federal Minister of Transport, Innovation and Technology has also drawn up a catalogue of defects with recommendations for the classification of defects in the hazard categories and the authorities and bodies concerned in accordance with § 15. To be made available.

(2) In category I of hazard classification shall be considered if the defect could be appropriate to cause a serious risk of death or serious injury to persons or to serious damage to the environment.

(3) In category II of hazard classification shall be considered if the defect could be appropriate to cause a risk of serious injury to persons or serious damage to the environment and not to be classified in category I of danger.

(4) In category III, classification shall be considered where the deficiency is accompanied by a low risk of injury to persons or damage to the environment and not to be classified in category I or II. "

19. § 16 (1) reads:

" (1) If there are concerns as to whether the admissibility of the carriage has been given, the authority or bodies shall order the interruption of the carriage pursuant to Section 15 (1). The arrangement of the interruption shall be repealed if:

1.		no defects have been identified or
2.		only defects which are to be classified in accordance with § 15a in hazard category III and which have been provided, where appropriate, in accordance with § 27 (4) of the security, or
3.		noted deficiencies to be classified in accordance with § 15a in hazard category II or I and on the spot (§ 15 (5)) without endangering persons, property or the environment and without the assistance of specially trained persons as well as without special assistance Tools and devices have been remedied, and the security provided in accordance with section 27 (4) has been provided. "

20. § 19 deleted.

21. § 20 (3) reads:

" (3) These controls are authorised by the competent authorities in accordance with § 25 and by the bodies of the public security service which are available to them. These can

1.		prohibit the abandoners of the undertaking from leaving the undertaking until such time as they have been placed in a proper state, or
2.		other appropriate measures.
§ § 15 to 18 shall apply in the appropriate manner for these subsaiings and other measures. "

22. § 20 (4) deleted.

23. In Section 21 (1), the phrase " as amended by Directive 2001 /26/EC, OJ L 197, 21.7.2001, p. No. OJ L 168, 23 June 2001, p. 23 replaced by the phrase " as amended by Commission Directive 2004 /112/EC, OJ L 327, 30.12.2004, p. No. OJ L 367, 14.12.2004, p. 23. .

24. In § 22 (3), the word shall be deleted after the word "Technology" the dash and the phrase "The Federal Ministry of Finance" .

25. In § 23 (2) the introduction is:

" (2) The carrier shall, within the framework of section 7 (1), ensure that the competent personnel involved in the transport, in accordance with the provisions applicable in accordance with § 2 (2) (2) (2) (2) (2) (2) (2) (2), on his duties, on Rail transport and on behaviour in the event of accidents or incidents has been duly informed and instructed. In addition, the carrier who takes over the dangerous goods at the place of departure has in particular "representative samples" within the scope of section 7 (1). "

26. § 24 reads:

" Deviating marking in the carriage of goods

§ 24. In the case of carriage of goods on the railway, which take place exclusively on the territory of Austria, it shall be permitted to replace the major sheets (placards) required in accordance with the provisions referred to in § 2 (2) (2) (2), with the exception of such goods by model 1, 1.5 or 1.6, a rectangular orange hazard warning system integrated into the wagon slips, which has a base line of 180 mm, a height of 76 mm and a black edge of 5 mm, shall be affixed to the vehicles. "

27. § 24a (1) reads:

" (1) The carrier shall, within the scope of section 7 (1), in particular

1.		to check whether the dangerous goods to be transported are authorised for carriage in accordance with the requirements under Article 2 (3) (3) of the Treaty;
2.		ensure that the required documents are carried on board the vehicle;
3.		ensure, by means of a visual inspection, that the vehicles and cargoes do not have any obvious defects, lack of leakage or cracks, lack of equipment, etc.;
4.		to ensure that the vehicles are not overloaded;
5.		ensure that the markings prescribed for the vehicle are affixed;
6.		ensure that the equipment required by the written instructions is carried on board the vehicle;
7.		ensure that the specific rules are respected in the loading, conveying, unloading and other handling of dangerous goods in cargo spaces or cargo tanks; and
8.		ensure that the competent staff involved in the carriage of the transport, in accordance with the requirements laid down in Article 2 (3) (3) of the Treaty, on the duties and characteristics of the carriage and on the behaviour in the event of an accident, or In the event of an incident, it has been sufficiently informed and informed.
This shall be carried out, where appropriate, on the basis of the transport documents and the accompanying documents, through a visual inspection of the vehicle or of the container and, where appropriate, of the cargo. However, in the cases of Z 1, 2 and 7, the carrier may rely on the information and data made available to it by other parties. "

28. In Section 24a (3), the word in Z 3 shall be: "and" replaced by a dash, in Z 4 the point is replaced by a dash, and the word "and" and the following Z 5 shall be added:

" 5.		to carry out the other acts in respect of the loading of ships and the filling of cargo tanks provided for in Article 2 (3) (3) of the Treaty. "

Section 24a (4) shall not apply, paragraph 5 shall be replaced by the sales designation "(4)" .

The following paragraph 5 is added to Article 24a:

" (5) Without prejudice to the obligations arising from him pursuant to § 7 (9), the recipient shall:

1.		carry out acts in the case of the erasable of ships provided for in Article 2 (3) (3) (3);
2.		ensure that appropriate means are available in the area of the first and the rear vessels in order to leave the ship in emergencies;
3.		in the cases provided for in accordance with Article 2 (3) (3), to ensure that the gas-return or gas-supply line is provided with a flame-penetrating fuse which is used to prevent detonation and to protect flame-throughs from land;
4.		ensure that the seals made available by the vessel between the connecting flanges of the ship's land are connected to the loading and unloading lines of building materials which are not attacked by the cargo or which are not covered by the cargo decomposition of the cargo can still be caused by its harmful or dangerous compounds; and
5.		to ensure that continuous and appropriate monitoring is ensured for the entire duration of the envelope. "

31. In Section 24c (1), the phrase "Federal Minister of Transport, Innovation and Technology" replaced by the phrase "from the Austro Control GmbH" .

32. In Section 24c (3), the amount in Z 1 shall be: "290 Euro" by "581 Euro" and in Z 2 the amount "72 Euro" by "145 Euro" replaced.

33. § 25 (2) reads:

" (2) In the case of promotions pursuant to § 1 (1) (1) (1) (1), the Federal Police (Bundespolizei) shall be involved in the enforcement of this Federal Act by the District Administrative Authority, the Federal Police Directorate and the Governor of the State. The Federal Police

1.		to monitor compliance with the provisions of this Federal Act, the regulations issued pursuant to this Federal Act and the other provisions under section 2,
2.		to take measures necessary for the initiation or implementation of administrative criminal proceedings; and
3.		to intervene in the cases expressly provided for in this Federal Act. "

34. § 25 (3) is deleted. Paragraph 4 shall be replaced by the sales designation "(3)" .

35. § 26 (1) reads:

" (1) authorities recognised by the authorities and experts within the meaning of the provisions under Article 2, within the limits of their powers, shall:

1.		Testing, monitoring and certification bodies, which according to the Accreditation Act, BGBl. No 468/1992, or those whose reports or certifications have been recognised as being domestic in accordance with Section 3 of the Accreditation Act, or
2.		Civil engineers, according to the Civil Engineer Act 1993, BGBl. No 156/1994, and Technical Offices-Engineering Offices (Consultative Engineers) empowered to carry out, in accordance with § 134 W.1994, certain examinations and tests prescribed in accordance with § 2 above and above to issue findings and opinions, or
3.		the Bundesanstalt für Verkehr oder
4.		Inspection bodies and experts in accordance with the general rules specific to the transport sector.
There shall be no conflicts of interest for those who are acting in accordance with Z 2, 3 or 4. "

36. § 26 the following paragraph 3 is added:

"(3) The labelling of packaging and tanks as referred to in paragraph 2 shall read" A/X .....-Y ..... ", where X is the assigned or assigned to the terms of paragraph 2, respectively. in accordance with Article 29 (2), the valid short description of the test body or of the expert and Y for a numerical or alphanumeric string freely chosen by the inspection body or the expert for the purpose of registration. Are vessels according to the provisions of the Ordinance of the Federal Minister of Economics and Labour on transportable pressure equipment (transportable pressure equipment regulation-ODGMO), BGBl. II No 291/2001, as amended, the labelling shall be deemed to be the same as in this paragraph. '

37. § 27 reads:

" Criminal provisions, special provisions for criminal proceedings

§ 27. (1) Who

1.		Training courses for Dangerous Goods Officers (§ 11), without these being recognised by the Authority, or
2.		Training courses for the special training of drivers (§ 14), without these being recognised by the Authority, or
3.		training courses for special training in accordance with Article 24b (1), without the latter being recognised by the Authority, or
4.		Training courses for special training pursuant to Section 24c (1), without these being recognised by the Authority,
if the action does not constitute the offence of a criminal offence within the jurisdiction of the courts or is threatened with tighter punishment under other administrative penalties, an administrative surrender and is subject to an administrative offence and is subject to a a fine of EUR 1000 to EUR 50 000, in the event of their non-introduction, punishable by a substitute custodial sentence of up to six weeks.

(2) Who

1.		the sender submits dangerous goods for transport contrary to § 7 para. 3 Z 1 or
2.		the loading or transfer of dangerous goods contrary to § 7 para. 8 Z 1 or
3.		as a carrier, dangerous goods contrary to § 13 para. 1a Z 1 or 8, § 23 para. 2 1. Sentence or Z 1 or 4 or § 24a para. 1 Z 1 or 8, or
4.		Contrary to § 11 para. 1, no or not a sufficiently qualified officer appoints or appoints a Dangerous Goods Officer, even though he does not have a valid proof of training in accordance with Section 11 (5),
if the action does not constitute the offence of a criminal offence within the jurisdiction of the courts or is threatened with tighter punishment under other administrative penalties, an administrative surrender and is subject to an administrative offence and is subject to a a fine of 750 euros to 50 000 euros, in the event of their inability to punish with a replacement custodial sentence of up to six weeks.

(3) Who

1.		the sender submits dangerous goods contrary to § 7 para. 3 Z 2 or 4 or § 13 para. 1 Z 1 or § 23 para. 1 for promotion, or
2.		to transport dangerous goods contrary to Section 7 (4), or
3.		As a filling machine in accordance with § 7 para. 6, § 23 para. 3 or § 24a para. 3 tanks, cargo tanks, battery vehicles, battery carts or gas containers with several elements (MEGC) or vehicles or containers for goods in bulk or the dangerous preparation of goods for carriage or vehicles not controlled or
4.		the loading or transfer of dangerous goods contrary to § 7 (8) (2), (3), (4) or (5) or (24a) (4) or
5.		As a carrier, dangerous goods are transported contrary to § 13 para. 1a Z 2, 3, 4, 6, 7, 9 or 10 or § 23 para. 2 Z 2, 3 or 6 or § 24a para. 1 Z 2, 3, 4, 5, 6 or 7, or
6.		As a handlebar, contrary to § 13 (2) to (4), § 15 (5) and (6) or § 18 (2) and (4), a unit of transport with which dangerous goods are transported, in operation or directs, does not carry accompanying documents or items of equipment, or not If requested, the Authority shall not, on request, provide the necessary quantities or parts of the dangerous goods carried, or submit the evidence or other documents referred to in Article 18 (2) or the communication to the Restriction of carriage or transport authorisation not carried on or not on The request shall be made available or
7.		as a packer, in accordance with § 7 para. 5 dangerous goods packed or dispatchments with dangerous goods for transport prepared or
8.		as the operator of a tank container, a transportable tank or a tank wagon contrary to Article 7 (7), does not ensure compliance with the provisions relating to it; or
9.		as a recipient, contrary to § 7 (9) or § 24a (5), the provisions relating to him do not comply; or
10.		as the head of the company, contrary to § 11 para. 2, does not take responsibility with regard to the Dangerous Goods Officer
11.		as a Dangerous Goods Officer, contrary to § 11 (2), does not carry out his duties or
12.		Contrary to the first sentence of Article 16 (2), a unit of transport carrying dangerous goods is in operation or directs, or
13.		Contrary to the last sentence of § 16 (4), the precautions taken are not observed or orders are not complied with, or
14.		a decision taken pursuant to section 16 (5); or
15.		the measures laid down in Article 17 (1) and (2) do not apply or are not complied with; or
16.		In any other way, the provisions referred to in § 2 (1) to (4) or the provisions of this Federal Law shall be contrary to the provisions of
17.		shall be contrary to the regulations adopted pursuant to this Federal Act, or
18.		which are contrary to the rules laid down in Article 2 (1) (1) to (4) of this Act or to a regulation issued by the Federal Republic of Germany,
if the action does not constitute the offence of a criminal offence within the jurisdiction of the courts or is threatened with tighter punishment under other administrative penalties, an administrative transgressive action and,
a)			if, in accordance with § 15a, is to be classified in category I, with a fine of EUR 750 to EUR 50 000, or
b)			if, according to § 15a, to be classified in category II, with a fine of EUR 100 to 4000 Euro, or
c)			if, in accordance with § 15a, to be classified in category III, with a fine of up to 70 euros,
in the case of non-compliance, punishable by a substitute custodial sentence, which shall be subject to financial penalties in accordance with lit. a or b can be up to six weeks. Fines in accordance with lit. c can also be raised by organ class according to § 50 VStG.

(4) As provisional security within the meaning of § 37a VStG, BGBl. No 52/1991, may be suspected of transgressing pursuant to para. 2 or para. 3 lit. a an amount of up to EUR 7 500, in case of suspicion of a transgressing according to paragraph 3 lit. A sum of up to EUR 2 500 shall be fixed. The driver of the transport unit shall be deemed to be the representative of the carrier, unless the carrier himself or a representative of the carrier is present at the official acts.

(5) In the case of criminal knowledge within the meaning of Section 57 of the German Act, the Authority also has the private rights of the street holder derived from a surrender pursuant to para. 2 or 3 and the expenses of the disaster management bodies. Local authority to decide against the accused.

(6) In the case of vehicles being introduced into the territory of the Federal Republic of Germany, transgressions in accordance with paragraph 2 or 3 shall also be punishable if they are carried out on the way from an Austrian border crossing point situated on foreign territory to the national border. It is also punishable by an attempt to transcend such a transgressing.

(7) In the cases referred to in paragraph 2 (3) and (3) (3) (5), the place of entry shall be deemed to be the crime scene. "

38. In § 29 (1), the name shall be: "§ 2 Z 1 lit. a" by "§ 2 Z 1" and "§ 2 Z 2 lit. a" by "§ 2 Z 2" replaced.

39. § 29 (3) deleted.

Article 2

Notification of notification in accordance with Article 12 of Directive 98 /34/EC

This Act has been adopted in compliance with the provisions of Directive 98 /34/EC laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services, OJ L 206, 22.7.1998, p. No. 37. as amended by Directive 98 /48/EC, OJ L 201, 31.7.1998, p. No. 18., under the notification number 2004 /30/A.

Article 3

References to Directives

It is implemented in Austrian law:

1.		By Article 1 Z 1, 2, 4, 5, 8, 10, 13, 25 and 38 of this Federal Law
a)			Directive 2004 /111/EC amending for the fifth time Council Directive 94 /55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road to technical progress, OJ L 327, 30.12.2004, p. No. OJ L 365, 10.12.2004, p.25 and
b)			Directive 2004 /89/EC amending for the fifth time Council Directive 96 /49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail to technical progress, OJ L 327, 30.4.2004, p. No. OJ L 293, 16.09.2004, p. 14 and
c)			Directive 2004 /110/EC amending for the sixth time Council Directive 96 /49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail to technical progress, OJ L 327, 22.11.2004, p. No. OJ L 365 of 10.12.2004, p. 24.
2.		By Articles 1, Z 1, 15, 16, 18 to 23 and 37 of this Federal Law, Commission Directive 2004 /112/EC adapting to the Council Directive 95 /50/EC on uniform procedures for the control of the transport of dangerous goods by road to the technical progress, OJ No. OJ No L 367, 14.12.2004, p. 23.

Fischer

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