117. Federal Law, with which the Kraftfahrgesetz 1967 (26. KFG-novelle), the 3. and the 4. Amendment of the force-driving amendment

The National Council has decided:

Article 1

26. KFG-Novelle

The Kraftfahrgesetz 1967, BGBl. No. 267, as last amended by the Federal Law BGBl. I No 175/2004, shall be amended as follows:

1. In § 2 (1) (c) 4c, Z 14, Z 15 and § 2 (2), the expression shall be: "Directive 92 /61/EEC" by the expression "Directive 2002 /24/EC" replaced.

2. § 2 para. 1 Z 25 reads:

" 25.		Trailer (drawbar trailer or trailer with a pivoting drawbar) a trailer with at least two axles, of which at least one steered axle, and a tractor (relative to the trailer), which is movable vertically, and which does not have any significant Load transferred to the towing vehicle (less than 100 daN). A semitrailer coupled to a follower axle shall be considered to be a trailer; "

3. § 2 para. 1 Z 26 reads:

" 26.		One axle trailer with one axle; "

4. § 2 para. 1 Z 26b reads:

" 26b.		Central axle trailer a trailer with a rigid pulling device whose axis (s) is (are) arranged close to the centre of gravity of the (evenly loaded) vehicle so that only a slight static vertical load, which is 10% of the total weight of the vehicle, is (are) arranged in such a way that the vehicle is not in the same position. trailer not exceeding, or a load of 1000 daN transferred to the towing vehicle, taking into account the lower value in each case; "

5. The following Z 26d and Z 26e are inserted in accordance with Article 2 (1) (c) 26c:

" 26d.		Agricultural or forestry trailers (Directive 2003 /37/EC), a country or forestry vehicle towed essentially for the carriage of loads and for coupling to a tractor when used in agriculture or forestry , including trailers whose cargo is carried in part by the towing vehicle; the term "agricultural or forestry trailers" shall also include vehicles which are coupled to a tractor and which are permanently connected to a device if the ratio between the technically permissible the total mass and the empty mass of this vehicle shall be 3.0 or more, and if the vehicle is not designed to treat materials;
26e.		Interchangeable machinery (Directive 2003 /37/EC), a device for use in agriculture or forestry, intended to be drawn by a tractor and which changes or extends the function of the tractor; be equipped with a loading platform designed and constructed for the reception of the equipment and devices required to carry out the work and for the temporary storage of the materials produced or required by the work; The term "interchangeable machine" also includes vehicles which are used for the purpose of: are intended to be drawn by a tractor and are permanently equipped with a device or designed for the processing of materials, if the ratio between the technically permissible maximum mass and the empty mass of this vehicle is is less than 3.0; "

6. § 2 para. 1 Z 31 reads as follows:

" 31.		Weight of a fully equipped, ready-to-use vehicle standing on a horizontal level without charge, in the case of motor vehicles, including the full-filled fuel tank or the source of power as a source of power Battery battery; for vehicles belonging to the classes defined in the operating permit directives, the Federal Minister for Transport, Innovation and Technology has the means of determining the own weight by means of a regulation , "

7. In § 2 para. 1 Z 43, in the headline to § 131b, in § 131b para. 1 and § 131b para. 3, the word shall be "motor vehicle" in his various grammatical forms by the word "Vehicle" in the correct grammatical form in each case.

8. § 2 para. 1 Z 46 reads:

" 46.		Undercarriage shall be an incomplete vehicle within the meaning of Article 2 of Directive 70 /156/EEC or of Article 2 of Directive 2003 /37/EC. "

9. § 3 (1) reads:

Motor vehicles and trailers shall be divided into the following upper and sub-groups:

1.		Motorcycles, these are
1.1.			Mopeds (motorcycles),
1.1.1				two-wheeled mopeds (class L1e, motorcycles),
1.1.2				three-wheeled mopeds (class L2e),
1.2.			Motorcycles (class L3e),
1.2.1				Small motorcycles,
1.2.2				Light motorcycles,
1.3.			Motorcycles with trailer (class L4e),
1.4.			Motor vehicle wheels (class L5e).
2.		Motor vehicles, which are
2.1.			motor vehicle for the carriage of passengers with at least four wheels (category M),
2.1.1.				Passenger cars (category M1),
2.1.2.				Combination motor vehicle (category M1),
2.1.3.				omnibuses,
2.1.3.1.					Vehicles intended for the carriage of passengers with more than eight seats in addition to the driver's seat and a maximum authorised mass not exceeding 5 000 kg (category M2),
2.1.3.2					vehicles intended for the carriage of passengers comprising more than eight seats in addition to the driver ' s seat and a maximum authorised mass of more than 5 000 kg (category M3);
2.2.			Motor vehicles used for the carriage of goods by at least four wheels (lorry class N),
2.2.1.				Vehicles for the carriage of goods with a maximum authorised mass of not more than 3 500 kg (category N1), which may be further subdivided into:
	Group I: reference mass up to 1 305 kg,
	Group II: reference mass of more than 1 305 kg, but not more than 1 760 kg, or
	Group III: A reference mass of more than 1 760 kg,
2.2.2.				Vehicles for the carriage of goods with a maximum authorised mass of more than 3 500 kg and not more than 12 000 kg (category N2),
2.2.3.				Vehicles for the carriage of goods with a maximum authorised mass of more than 12 000 kg (Class N3),
2.3.			four-wheel light-weight vehicles (class L6e),
2.4.			four-wheel motor vehicles within the meaning of Directive 2002 /24/EC (category L7e),
2.5.			Tractors,
2.5.1.				Wheeled agricultural or forestry tractors, as defined in Directive 2003 /37/EC (Class T), which shall be divided into:
Class T1:					Tractors on wheels with a maximum design speed of up to 40 km/h, a gauge of the axle closest to the driver of at least 1 150 mm, an empty mass in the running order of more than 600 kg and a ground clearance up to 1 000 mm,
Class T2:					Tractors on wheels with a maximum design speed of up to 40 km/h, a minimum track width of less than 1 150 mm, an empty mass in running order of more than 600 kg and a ground clearance of up to 600 mm. However, if the quotient of the height of the centre of gravity of the tractor over the ground and the median minimum track width of the axles is greater than 0.90, the maximum design speed shall be 30 km/h,
Class T3:					wheeled tractors with a maximum design speed of up to 40 km/h and an empty mass in running order of up to 600 kg;
Class T4:					Tractors on wheels of special purpose with a maximum design speed of up to 40 km/h (as defined in Annex 1 to Directive 2003 /37/EC),
Class T5:					Tractors on wheels with a maximum design speed of more than 40 km/h,
2.5.2.				Tractors, other than those referred to in point Z 2.5.1;
2.6.			motor carts,
2.7.			Motor vehicles which are not under the conditions of Z. 2.1. to 2.6. .
3.		Special-purpose vehicles, which are
3.1.			Agricultural or forestry tractors on track chains in accordance with Directive 2003 /37/EC (Class C), which shall be analogous to the classification in accordance with Z 2.5.1. (Classes T1 to T5) divided into classes C1 through C5;
3.2.			Special motor vehicles, other than those according to Z 3.1.
4.		Followers, these are
4.1.			Trailer,
4.2.			One-axle trailer,
4.3.			semi-trailer,
4.4.			Central axle trailer,
4.5.			Homeeichsel pendant
		in each case in:
Category O1:					trailers with a maximum authorised mass of not more than 750 kg,
Class O2:					trailers with a maximum authorised mass of more than 750 kg and not exceeding 3 500 kg,
Class O3:					trailers with a maximum authorised mass of more than 3 500 kg and not more than 10 000 kg,
Class O4:					trailers with a maximum authorised mass of more than 10 000 kg,
			or, if it is a lof pendant (class R), divided into:
Class R1:					trailers in which the sum of technically permissible masses per axle is up to 1 500 kg,
Class R2:					trailers in which the sum of technically permissible masses per axle is more than 1 500 kg and up to 3 500 kg,
Class R3:					Trailers in which the sum of technically permissible masses per axle is more than 3 500 kg and up to 21 000 kg, and
Class R4:					Trailers in which the sum of technically permissible masses per axle is more than 21 000 kg.
		In addition, each class of lof trailers shall be marked with the letter "a" or "b", depending on the maximum speed for which it is designed:
Letter "a"					for trailers with a maximum design speed of less than or equal to 40 km/h;
Letter "b"					for trailers with a maximum design speed of more than 40 km/h.
		The total mass applicable to the classification of semi-trailers and central axle trailers shall be equal to the load transferred from the axle or axles of the trailer to the ground when the trailer is connected to the towing vehicle and to the maximum permissible laden mass of the trailer. Maximum load is loaded.
5.		Special trailer.
6.		Drawn exchangeable lof machine (class S):
Class S1:					Drawn interchangeable machinery for use in agriculture or forestry, where the sum of technically permissible masses per axle is up to 3 500 kg,
Class S2:					Exchangeable, exchangeable machines for use in agriculture and forestry, where the sum of technically permissible masses per axle is more than 3 500 kg.
		In addition, each class of interchangeable towed machinery shall be marked with the letter "a" or "b", depending on the maximum speed for which it is designed:
Letter "a"					For drawn interchangeable machines with a maximum design speed of less than or equal to 40 km/h,
Letter "b"					for extended exchangeable machines with a maximum design speed of more than 40 km/h. "

Section 4 (5) reads as follows:

" (5) Motor vehicles of categories M1 and N1 and special-purpose vehicles, vehicles of categories M2 and M3 (buses), other than buses designed for use in public transport as well as for standing passengers, N2, N3 and provided that they are have a structure, multi-track (three-wheeled) mopeds (class L2e), motor vehicle wheels (class L5e), four-wheel light-weight vehicles (class L6e), and four-wheel motor vehicles within the meaning of Directive 2002 /24/EC (class L7e), shall apply to: be fitted with seat belts which are fitted to each seat, The vehicle shall be attached to the vehicle of the type of vehicle; this shall not apply to:

1.		Fire and Army vehicles,
2.		seats which are not arranged transversely to the direction of travel;
3.		only for occasional use of certain emergency seats which are folded over when not in use and which are not equipped with anchorage points for safety belts. "

11. § 4 (7a) reads:

" (7a) In the case of motor vehicles with trailers, the sum of the total weights and the sum of the axle loads of 40 000 kg, in the run-up and follow-up with cranable semi-trailers, 41 000 kg and with containers and temporary superstructures 44 000 kg and in the transport of Roundwood from the forest to the nearest technically appropriate loading station or to a processing plant, but not more than 100 km of air line, if the rear axle of the trailer is equipped with double tyres or both vehicles are each equipped with have more than two axles, not exceed 44 000 kg. The maximum length of trailers with trailers shall not exceed 18,75 m, but shall not exceed 16.5 m from the semitrailer. "

11a. In accordance with Article 4 (7a), the following paragraph 7b is inserted:

" (7b) Vehicles which have a pressure-and vacuum-proof tank (suction-pressure tank vehicles) may not, by way of derogation from the provisions of paragraph 7 and para. 7a, be subject to the following values for the total weight within the limits of the permissible axle loads. exceed:

1.		Vehicles with two axles							20 000 kg,
2.		Vehicles with three axles							29 000 kg,
3.		Vehicles with four axles							37 000 kg,
4.		Motor vehicle with trailer							44 000 kg,
5.		Articulated vehicles							42 000 kg. "

12. § 6 (11) last sentence reads:

" Agricultural trailers with which a speed of 25 km/h may not be exceeded may, even with a maximum permissible gross laden weight of more than 3 500 kg, be the only braking system to have a run-up brake system or, in the case of trailers, have a braking system which is to be operated independently of the service braking system, to a maximum permissible gross laden weight of not more than 8 000 kg. "

Section 13 (3) reads as follows:

" (3) The connection of the vehicles must be safe to manufacture and detachable from a person without the use of tools. For the coupling of trailers with a maximum permissible gross laden weight of more than 3 500 kg, only automatic couplings which allow for an automatic coupling operation are permissible. Buses intended for the towing of bus and/or coach trailers may, however, also be fitted with a coupling device which does not automatically close and which is connected to the end of the pole of the bus trailer without play and double-secured. "

14. § 13 (7) reads:

" (7) Semitrailer, central axle trailer, rigid oak trailer and one-axle trailer, except for the progeny, shall be equipped with height adjustable means to prevent accidental tipping (trailer support); this shall not, however, apply to central-axle trailers, rigid-bar trailers and single-axle trailers, the axis of which is so far away from the end of the drawbar that it can be lifted by one person even at the highest permissible load, and in the case of progeny with an axis that is unladen from a person to a loading appropriate position. "

Article 14 (1) reads as follows:

" (1) Motor vehicles must be equipped with headlights at the front, which can be used to radiate a pair of white high beam and white dipped beam. Dipped beam can only be radiated with a pair of headlights. Separate headlights are allowed for remote and dipped beam. However, in the case of motor vehicles having a design speed of not more than 45 km/h, no high beam is required. The headlamps of each pair must be mounted at the same height and symmetrically with respect to the longitudinal median plane of the vehicle. The main beam must illuminate a straight road running in the direction parallel to the median longitudinal plane of the vehicle, to a great distance, which must be dipped, without blinding other road users, or more than to be able to disturb the roadway in front of the vehicle. The handlebar must be able to recognize from its place that the headlights for high beam are switched on. The headlamps may only be dimble at the same time and with the same effect. In the case of motor vehicles of categories M and N, the headlamps for the dipped beam shall comply with the cultivation requirements laid down in Directive 76 /756/EEC. Should a luminaire regulation be required for this purpose, it can be automatically or manually operated from the steering seat. Light and/or dipped-beam headlamps may be equipped with a curve light function for better illumination of the roadway in curves. "

16. According to Article 14 (1), the following paragraph 1a is inserted:

" (1a) Motor vehicles may be equipped in the front area with two turn-off means, with which white light can be radiated onto that part of the road which is located in the vicinity of the front corner of the vehicle on the side to which the vehicle is located, to which the vehicle is located. the vehicle is steered during the bending process. "

17. The title to § 15 reads:

"Lighting and light-signalling devices for motor vehicles falling within the scope of Directive 2002/24/EC (motorcycles, quadricycles and four-wheel motor vehicles as defined in Directive 2002 /24/EC)"

18. § 15 (1) reads:

" (1) Two-wheel mopeds (single-track motorcycles-class L1e) shall be fitted with the following lighting and light-signalling devices:

1.		one or two headlights for dipped beam,
2.		one or two tail lights,
3.		one or two lateral non-triangular gobble back radiators on each side,
4.		a rear non-triangular retro-reflector,
5.		one or two brake lights,
6.		Two short pedals for each pedal, provided that the vehicle is equipped with non-retractable pedals.
In addition, the following lighting and light-signalling devices may be fitted to these vehicles:
7.		an illumination device for the rear registration plate,
8.		one or two headlamps for high-beam light,
9.		two direction-direction indicators on each side,
10.		one or two limiting lamps,
11.		a front non-triangular retro-reflector. "

19. In § 15 (2), the introductory sentence is:

"Three-wheel mopeds (multi-lane motorcycles class L2e) and four-wheel light-weight vehicles (class L6e) shall be fitted with the following lighting and light-signalling devices:"

20. In § 15 (3), the introductory sentence is:

"motorcycles within the meaning of Directive 2002 /24/EC (motorcycles class L3e) shall be equipped with the following lighting and light-signalling devices:"

21. In § 15 (4), the introductory sentence is:

"motorcycles with a side-carriage within the meaning of Directive 2002 /24/EC (motorcycles with a trailer class L4e) shall be equipped with the following lighting and light-signalling devices:"

22. In § 15 (5), the introductory sentence is:

"Three-wheel motor vehicles (motor vehicle wheels class L5e) and four-wheel motor vehicles within the meaning of Directive 2002 /24/EC (class L7e) shall be equipped with the following lighting and light-signalling devices:"

23. § 16 (1) reads:

" (1) For trailers, the provisions of § 14 shall apply by way of the closing lamps and pairwise brake lights, the rear cover lights, direction indicator lamps and retro-reflectors, as well as rear fog lamps. Fog lights are not required for trailers intended to be pulled with tractors. The retroreflectors must be separate from the light exit surfaces of the lamps, have the shape of an equilateral triangle, and be fitted in such a way that a tip of the triangle is directed upwards. Trailers whose maximum width does not exceed 80 cm and which are intended to be drawn with single-lane motorcycles shall be fitted with only one of the lamps otherwise prescribed for trailers. These retroreflectors must also be permanently connected to the vehicle when the rear lights on a light carrier (§ 14 para. 9 lit. (c) are fitted; if they are covered by the light beam, they must also be mounted on this retroreflter. "

24. In § 20, para. 1, the point at the end of the lit. h replaced by a stroke point and the following lit. i and j shall be added:

" (i)			in the case of vehicles of the public safety service, the road inspection bodies or the road service, as well as in the case of fire-fighting vehicles, warning guidance systems;
j)			Lighting equipment on historic vehicles for the maintenance of the historical appearance, but such lighting facilities may not be used on public transport roads as defined in § 99. "

The second sentence of Article 20 (5) reads as follows:

" In the cases of the lit. d and lit. h shall be granted, unless it is a vehicle in accordance with lit. c) to the institution or hospital which organises the on-call duty. "

26. The following paragraph 6a is inserted in accordance with Article 20 (6):

"(6a) The authorization referred to in paragraph 5 shall be revoked if the conditions necessary for the grant of the authorization are no longer fulfilled."

27. § 23 together with the title is:

" rearview mirrors and other devices for indirect vision

§ 23. Motor vehicles must be fitted with appropriate, correspondingly large rear-view mirrors and, if necessary, other devices for the indirect vision, which are fitted in such a way that the handlebar will leave the road next to and behind the road The vehicle can be sufficiently overlooked, even if it is fully occupied or loaded. "

28. According to Article 28 (1), the following paragraph 1a is inserted:

" (1a) The respective provisions of this Federal Law shall be deemed to be fulfilled even if, instead of the provisions of this Federal Act, the vehicle complies with the corresponding harmonized provisions of the separate directives which have been laid down in the

-		Annex IV to Directive 70 /156/EEC,
-		Annex I to Directive 2002/24/EC, or in the
-		Annex II to Directive 2003 /37/EC
are called. "

29. § 28 (3), (3a), (3b) and (4) are:

" (3) In the case of approval, the following shall be determined:

1.		the data relevant to admission;
2.		in so far as this is necessary in accordance with the requirements of transport and operational safety, conditions which must be satisfied for the validity of the authorisation, or conditions which are required for the validity of the authorisation to be authorised for marketing authorisation must be.
The data relevant to the registration shall be composed of the data contained in the relevant model of the certificate of conformity for complete vehicles and of the additional data necessary for the authorisation in Austria and shall be of the following: Federal Minister for Transport, Innovation and Technology to set up a regulation.

(3a) The maximum permissible gross vehicle weight and the maximum permissible maximum permissible axle load and maximum permissible axle loads shall be fixed in accordance with the design of the vehicle, but at most with the values set out in § 4 (7) to (8). On request, the maximum permissible laden weight of not less than 80 vH of the maximum weight, in the case of school vehicles of not less than 60 vH and in the case of vehicles for the display sector, with no less than 30 vH of the maximum weight, shall not exceed however, with the value resulting from § 4 (7). In the case of Stark oak trailers, the maximum permissible total weight shall be set as the sum of the maximum permissible maximum load and the maximum permissible mass (s) of the axle (s). If the maximum weight does not exceed 3 500 kg, the maximum permissible total weight of trailers may be fixed at not less than 60 vH of the maximum weight. For trailers of classes O1 and O2, a certain bandwidth can also be specified for the maximum permissible total weight. Within this range, the current maximum permissible gross vehicle weight is set by the authority or the admissions office on request and entered in the registration certificate/certificate of approval.

(3b) The producer of a motor vehicle of category M1 and N1 shall be obliged to provide, in respect of each motor vehicle which he has placed on the market, information on fuel consumption and CO2 emissions in accordance with Directive 80 /1268/EEC, as amended by the Directive 2004 /3/EC, Official Journal No. OJ No L 49, 19. Feber 2004 to make. In the case of foreign producers, the obligation meets the obligation pursuant to Section 29 (2). The information shall be indicated in the approval document, in a supplement to this document or in the data sheet of the type certificate.

(4) semi-trailers and semi-trailers may only be approved separately. "

30. § 28a (1) and (2) are:

" (1) The Federal Minister for Transport, Innovation and Technology is responsible:

1.		for the grant, modification, extension, withdrawal, denial or invalidity of an EC type-approval pursuant to the type-approval Directives 70 /156/EEC, 2002 /24/EC and 2003 /37/EC, as amended by Directive 2004 /66/EC, for vehicles, as well as for systems, components or separate technical units intended for the installation of such vehicles;
2.		for communications to the Commission of the European Union and to the other Member States of the European Union in relation to Z 1;
3.		for the information of the country's main men on cases of Z 1, as well as information of the country's main men on EC operating licences issued in other Member States;
4.		for any measures to be taken to ensure compliance with the Directives referred to in Z 1.

(2) The procedure for the grant of EC type-approval may, at the request of the manufacturer, be subject to the conditions laid down in the operating permit directives for vehicles produced in small series, the series to be discontinued , or which may not meet one or more of the requirements of one or more separate Directives, by virtue of certain applied technologies or characteristics. '

31. § 28a (6) reads:

" (6) The holder of an EC type-approval shall issue a certificate of conformity for vehicles placed on the market in accordance with the type-approval directive to be applied in each case. The holder of an EC type-approval or his authorized representative in Austria pursuant to Section 29 (2) shall have the approval data for vehicles placed on the market in Austria for which he has issued a certificate of conformity in the Enter the approval database. This also applies to other vehicles of this type, which are to be approved in Austria and have a valid certificate of conformity or for which the holder of an EC type-approval certificate issued a certificate of conformity and who have already been admitted abroad. This is to be noted in the approval data, together with the date of the first approval. In the case of a vehicle subject to a recurrent assessment, the approval data may not be applied until after a positive opinion has been issued in accordance with § 57a. This opinion may be replaced by proof of a positive result of a technical examination within the meaning of Directive 96 /96/EC, provided that no further assessment pursuant to Section 57a has become due. If the vehicle has already been registered in another country and the certificate of conformity has been withdrawn, a certificate of registration as defined in Directive 1999 /37/EC, as amended by Directive 2003 /127/EC, shall be replaced by OJ L 327, 30.12.2003, p. No. L 10, of the 16. Jänner 2004, S 29, the certificate of conformity. If a certificate of conformity cannot be issued by the holder of the EC type-approval or his authorised representative, they shall, after entering the approval data, produce a data extract from the approval database and the Applicants must be submitted. "

32. § 28b (1) and (2) are:

" (1) The holder of an EC type-approval shall issue a certificate of conformity for vehicles placed on the market in accordance with the type-approval directive to be applied in each case. The holder of an EC type-approval or his authorized representative in Austria pursuant to Section 29 (2) shall be obliged to notify the Federal Minister of Transport, Innovation and Technology of the grant and any modification of the EC type-approval. He shall enter the approval data in the approval database for vehicles placed on the market in Austria for which there is a valid certificate of conformity. This also applies to other vehicles of this type, which are to be registered in Austria and have a valid certificate of conformity, or for which a certificate of conformity has been issued and which already has been issued abroad shall be approved. This is to be noted in the approval data, together with the date of the first approval. In the case of a vehicle subject to a recurrent assessment, the approval data may not be applied until after a positive opinion has been issued in accordance with § 57a. This opinion may be replaced by proof of a positive result of a technical examination within the meaning of Directive 96 /96/EC, provided that no further assessment pursuant to Section 57a has become due. If the vehicle has already been registered in another country and the certificate of conformity has been withdrawn, a certificate of registration as defined in Directive 1999 /37/EC, as amended by Directive 2003 /127/EC, shall be replaced by OJ L 327, 30.12.2003, p. No. L 10, of the 16. Jänner 2004, S 29, the certificate of conformity. If a certificate of conformity cannot be issued by the holder of the EC type-approval or his authorised representative, they shall, after entering the approval data, produce a data extract from the approval database and the Submit applicants.

(2) The Federal Minister for Transport, Innovation and Technology has the right, after notification of an issue or amendment of an EC type-approval,

1.		to require the presentation of the EC type-approval certificate, including all installations, if it has not been submitted to the Federal Minister for Transport, Innovation and Technology, or incomplete, by the Member State which granted the permit,
2.		Check the completeness and accuracy of the sample data sets of approval data and, if necessary, prohibit the entry of approval data until it is ensured that the data entered is error-free; will make errors in the sample data sets of approval data, the expenses incurred by the Federal Minister of Transport, Innovation and Technology shall be determined in accordance with the tariff referred to in section 131 (6) of the rate referred to in the second sentence of paragraph 1 of this article. To replace:
3.		to request the State which has granted the permit to inspect individual vehicles on a sample basis or to examine individual vehicles of the type in question on their conformity with the data in the sample data sets. "

33. § 28b (5) and (6) are:

" (5) If an EC type-approval has been submitted by another Member State to the Federal Minister for Transport, Innovation and Technology, and the holder of the EC type-approval has not been authorised or has not been authorised to do so in accordance with Section 29 (2) of Austria the owner of the EC type-approval, or the person authorized pursuant to § 29 (2), does not immediately comply with the obligations laid down in paragraph 1 with regard to entering the approval data into the approval database, has the local competent regional authority at the request of the rightful owner of a person with a valid Certificate of conformity, which is to be registered in Austria, to enter the approval data in the approval database. This also applies to other vehicles of this type, which are to be registered in Austria and for which a certificate of conformity has been issued and which have already been approved abroad. This is to be noted in the approval data, together with the date of the first approval. If an evaluation has already become due in the case of a vehicle subject to the recurring assessment, approval data may not be applied until after a positive opinion has been issued in accordance with § 57a. This opinion may be replaced by proof of a positive result of a technical examination within the meaning of Directive 96 /96/EC, provided that no further assessment pursuant to Section 57a has become due. If the vehicle has already been registered abroad and the certificate of conformity has been withdrawn, a certificate of approval within the meaning of Directive 1999 /37/EC, as amended by Directive 2003 /127/EC, shall be replaced by the certificate of conformity. In this case, after entering the approval data, a data extract from the approval database shall be established and handed over to the applicant. The expenses incurred for entering the data shall be replaced by the applicant in accordance with the tariff referred to in § 131 (6). The discontinuation of the procedure for the registration of the approval data, including the circumstances, must be noted in the approval database where appropriate.

(6) Where a certificate of conformity is submitted to the Governor of the State, to the holder of an EC type-approval or to his authorised representative pursuant to Section 29 (2) of Austria, the EC type-approval to which the certificate of conformity is to be drawn up shall be submitted to: , the Federal Minister for Transport, Innovation and Technology (Federal Minister for Transport, Innovation and Technology) does not notify the Federal Minister of Transport, Innovation and Technology of the fact that the Member State which granted the type-approval has been sent to the Federal Minister for Transport, Innovation and Technology. It shall request the Member State concerned to transmit the approval certificate and its installations. If the Member State fails to comply with this request or denies the granting of EC type-approval, the application for the approval data shall be rejected by the Governor of the State. The rejection and its circumstances shall be noted in the approval database where appropriate. "

34. § 29 (1) and (1a) are:

" (1) Only types of vehicles or chassis which are produced as standard shall be considered to be types within the meaning of section 28 (1). If the type is approved, all vehicles corresponding to this type and for which the type data are entered in the approval database shall be deemed to be approved. For these vehicles, the approval shall also apply if parts or equipment subject to approval are subject to such approval against such other types of equipment approved in accordance with section 35 (1) or of a type approved abroad, the approval of which is based on § 35 (1) (1) (1). 4, which have been accepted, have been replaced, are at least equivalent to their effect and do not worsen the driving characteristics or other operating characteristics of the vehicle. This paragraph shall also be applied to the chassis. A type-approval with national validity may only be granted for vehicles which do not fall within the scope of the operating permit directives, unless otherwise provided for in these directives.

(1a) Type-approvals for complete, completed or incomplete vehicles, for technical units and components, which fall within the scope of the respective type-approval Directives 70 /156/EEC, 2002 /24/EC or 2003 /37/EC, in which: Version 2004 /66/EC, shall be given in accordance with the provisions of these Directives and Section 28a. '

§ 29 (3), (4), (5), (6) and (7) are:

" (3) The Federal Minister of Transport, Innovation and Technology shall, before deciding on the application for type-approval, obtain an opinion of one or more experts ordered in accordance with Section 124 of whether the Type meets the requirements of the Traffic and operational safety, which does not cause excessive noise, smoke, bad odour or harmful air pollution, and-as far as the expert or experts can see-the type of type description and the vehicle complies with the provisions of this Federal Act and the of this federal law.

(4) The experts shall have their opinions (para. 3) on the basis of a test, the type-examination. The facilities required to carry out the type-examination must be made available by the applicant. This can be waited if the type test is carried out in the Federal Office for Transport or in a state examination office and the extent of the necessary facilities does not exceed the scope of section 57a (2). The result of the type test shall be recorded in an expert opinion, which refers to the type description of the type.

(5) If the type is approved, the decision of the person to refer to the type description of the type shall be obtained.

(6) In the case of applications for the approval of a type of army vehicle, an expert appointed according to § 124 of the Federal Ministry of Defence's personnel status shall also be used to draw up the opinion referred to in paragraph 3 above. Army vehicles shall only be deemed to be approved for as long as they are intended for use in the field of the Bundesheeres or the army administration.

(7) Regulation shall be based on the requirements of transport and operational safety and environmental protection, according to the state of the art, the detailed provisions on the type-approval application, the type description of the type, to fix the other supplements to the application, the type-examination and the documents to be submitted in the type-examination. "

36. § 30 (1) reads:

Where a type-approval with national application has been granted, the respective producer of this type shall be obliged, in the case of foreign producers, to the authorized representative pursuant to section 29 (2), for each of the vehicles which he has placed on the market shall be subject to the Type a type slip and enter the approval data of the vehicle into the approval database. The approval data can be entered into the approval database if the type data is entered in the approval database for the type. The type certificate is the confirmation that a vehicle determined by the chassis number corresponds to the approved type. Where, in the case of a licence, a number of types of type have been approved, the type certificate shall indicate which of the words the vehicle belongs to; in the case of vehicles in which a type data record has been applied, specify the type of vehicle to be used; which record is to be assigned to the vehicle. The issuing of a type certificate for a vehicle or chassis belonging to an approved type shall be inadmissible if the Type no longer comply with the provisions of this Federal Act and the Regulations adopted pursuant to this Federal Act or if there are concerns that the vehicle is not in conformity with this type. Only the authorities or the Federal Minister for Transport, Innovation and Technology may enter into an issued type certificate from the producer or his authorized representative in accordance with Section 29 (2). "

37. § 30 (2) and (3) are:

" (2) The type certificate must be issued in accordance with a model approved by the Federal Minister of Transport, Innovation and Technology. The type slip must be forgery-proof. To this end, paper must be used for printing, which is either protected by colour graphic representations or contains a watermark approved by the Federal Minister of Transport, Innovation and Technology. If the type slip consists of more than one sheet, it is to be secured against the exchange of individual sheets. Regulation may lay down detailed rules on the form and content of types certificates.

(3) Those who no longer have the right to produce the vehicles of an approved type or are no longer authorised by their producer pursuant to Section 29 (2) to submit applications for type-approval in Austria shall not be allowed to apply for such vehicles Issue type notes and do not enter approval data in the approval database. He shall immediately notify the Federal Ministry of Transport, Innovation and Technology of the loss of this right or the loss of the authorization and shall deliver the type-approval certificate for this type. "

Article 30 (5) reads as follows:

" (5) If the loss of a typo is credibly made, the person entitled to generate the type of the vehicle shall issue a new type certificate to foreign producers who have been authorized in accordance with § 29 (2). It may issue it only with the consent of the authority in whose sprint the vehicle was last approved or is authorised. This shall give the consent if there are no objections to the vehicle being in compliance with the approved type and modifications to the vehicle approved in accordance with Section 33 (3). It shall enter the approval of such amendments in the new type certificate. In the Authority's declaration of consent, the latter shall also indicate any previous owners of the vehicle. These pre-owners must be entered by the exhibitor in the new duplicate type certificate. If the person working for the issue of the duplicate type certificate finds that the vehicle is no longer in conformity with the approved type, he shall draw the attention of the applicant to the obligations arising from § 33 and inform the authority. A new type certificate issued for a loss-in-loss type slip must be designated as such. The duplicate type certificate may be issued in accordance with the model required at the time of the approval of the type, and no approval data shall be entered in the approval database when a duplicate type certificate is issued. "

39. In accordance with § 30, the following § 30a and heading is inserted:

" Approval Database

§ 30a. (1) The approval database shall be managed by the Community body of the insurers entitled to operate the motor vehicle liability insurance and shall be part of the central marketing authorisation in accordance with Section 47 (4a) of the Marketing Authorisation. The approval database shall include the approval data or the type data of a type of vehicle and chassis, and the approval data of individually approved vehicles as proof of approval within the meaning of section 37 (2) (lit). a to be saved.

(2) The input of the data into the approval database is carried out online by means of the remote data transmission. The authorities concerned with the matters relating to the approval and authorisation system pursuant to this Federal Act, as well as the approval bodies, may apply for the purposes of the approval, approval or verification of vehicles to the respectively in Access the relevant data and use it for approval, approval, or review. In proceedings in accordance with § 31, § 33 and § 34, the Landeshauptmann may, in addition to the vehicle-specific and the process-specific data, also personal data required for these procedures (surname, first name, address), automations support and store in the approval database.

(3) The approval data shall consist of:

1.		the data relevant to the registration of a vehicle determined by the chassis number;
2.		the conditions and conditions prescribed for the approval of the vehicle;
3.		the data on the granting of authorisations of amendments and derogations; and
4.		Other data necessary for the proper implementation of the tasks associated with the approval and approval of the vehicle.

(4) The approval data of vehicles or chassis belonging to a type or type with EC type-approval approved in accordance with § 29 shall be submitted by the producer of the vehicle or chassis or his/her pursuant to § 29 (2) of the authorized representative in to enter the database, provided that it has been authorized by the Federal Minister of Transport, Innovation and Technology for this purpose in accordance with paragraph 8. If a single vehicle has been approved in accordance with § 31, its approval data shall be entered into the approval database by the Governor of the State. If the change to a single vehicle has been approved in accordance with § 33, the approval data of the vehicle in the approval database shall be amended accordingly by the regional governor.

(5) In the case of a small number of vehicles placed on the market in Austria, type data may be entered into the database by the manufacturer or his authorized representative in accordance with Section 29 (2) instead of the approval data. The same rules apply to entering the type data as for entering the approval data. In justified exceptional cases, such as small numbers of vehicles in Austria, or a small number of different types of models within a given type, the producer of the vehicle or chassis or his/her pursuant to section 29 (2) may be Authorized representative an agreement with the Bundesanstalt für Verkehr (Bundesanstalt für Verkehr) to enter the type data from the Federal Agency for Transport into the approval database. The expenditure of the Federal Office for Transport is to be paid in accordance with the provisions of Section 131 (5) and (6).

(6) The type data shall consist of:

1.		the data relevant to the type-approval of the type for each approved type of execution; or
2.		the data of all statements of certificates of conformity of a type with EC type-approval, including the additional data required for the approval of the vehicle in Austria for each variant and version of the vehicle, and
3.		further data necessary for the approval and approval of vehicles belonging to this type, such as information for the correct assignment of certificates of conformity or type-certificates to certain vehicles Type data sets or required operating instructions for the approval bodies and, if applicable,
4.		the conditions and conditions laid down in the approval of the type; and
5.		the data on issued exception approvals for the type.
The type data serves as the basis for the approval data to be stored in the approval database of a vehicle belonging to this type in the approval. In the event of changes to a type approved in accordance with this Federal Act or in accordance with an EC type-approval directive, the type data shall be supplemented accordingly.

(7) In justified cases, the type data and approval data may be modified up to the approval of the vehicle by the body which has entered it. In the case of approved vehicles, incorrect approval data may only be modified on request and by the local competent national authorities. The expenses incurred in this connection shall be replaced by the applicant in accordance with the tariff referred to in § 131 (6). Approval bodies are not authorized to change the vehicle data in the approval database.

(8) The Federal Minister for Transport, Innovation and Technology shall, at the request of producers or their authorised representative in accordance with § 29 (2), authorise the appropriate authorisation data to be entered in the approval database, if the following conditions are met: are fulfilled:

1.		it must either be established as a producer in an EU Member State or be authorised by the producer in accordance with Article 29 (2);
2.		have adequate staff with sufficient knowledge of the Austrian road transport system, the relevant EU law, vehicle technology and the German language,
3.		have direct contact with the producer,
4.		shall have access to all the operating licences issued to the producer, or to all the type-approval notices issued to the producer,
5.		either by means of an electronic data transfer for the data of the certificate of conformity of the producer and the appropriate software for conversion into the data format required for the approval database and the conversion of the text data in German text, or a software approved by the Federal Minister of Transport, Innovation and Technology for the collection and transmission of the approval data into the approval database,
6.		have a quality assurance system approved by the Federal Minister of Transport, Innovation and Technology for the approval data.
Authorisation may only be granted to trustworthy persons. The authorized person shall immediately notify the Federal Minister of Transport, Innovation and Technology of any changes that may affect the conditions for granting the authorization. The Federal Minister of Transport, Innovation and Technology can check at any time whether the conditions for the authorization are still in place and if the data entered in the approval database are error-free. It can take orders to correct defects. The Federal Minister of Transport, Innovation and Technology has to comply immediately with the instructions. The Federal Minister of Transport, Innovation and Technology may have approval locks in the approval database if it is not ensured that the data entered in the approval database are error-free or because of the data in the approval database allows for illegal authorisations or is favoured. The authorization shall be revoked if the conditions for the authorisation are no longer fulfilled, the instructions of the Federal Minister of Transport, Innovation and Technology shall not be met without delay, and shall not be ensured that the provisions of the authorization shall be taken into account in the following: the data entered in the approval database are error-free or may be made possible or facilitated by the activities of the authorised unlawful authorisations. Those who no longer have the right to produce the vehicles of an approved type, or are no longer authorized by their producer pursuant to § 29 para. 2, have the loss of this right or the loss of the authorization to the Federal Minister for to immediately display traffic, innovation and technology and to deliver an existing authorisation decision for data entry. The authorisation may be completed with a notice period of 2 months.

(9) Where a certificate of conformity or a type certificate is invalid as a result of changes in this Federal Act or the regulations adopted pursuant to this Federal Act or as a result of changes in a Directive, only then may the Approval data is entered when an exception permit (§ 34) has been issued. Existing type data and approval data already available in the approval database shall be marked accordingly and shall be blocked for the first-time authorisation. Such a ban may only be released after a corresponding derogation has been granted.

(10) The approval data of a vehicle may be deleted ten years after the last notification or the cancellation of the approval of the vehicle. If the data of a vehicle is entered in the approval database and is not admitted to the database within two years from entering the database, the approval data of this vehicle can be deleted. The deletion of an approval record is to be noted in the approval database.

(11) By regulation of the Federal Minister of Transport, Innovation and Technology, the more detailed provisions concerning the form of data entry into the database, the required data formats, the storage of procedural data and the the quality assurance system and the frequency of the checks of the data submitted. "

40. § 31 together with headline reads:

" Individual approval

§ 31. (1) The approval of a single motor vehicle or trailer or chassis of such vehicles may only be granted if the vehicle or chassis

1.		is not part of an approved type
2.		of an approved type and the essential technical characteristics of this type have been changed on the vehicle (Section 33 (2)),
3.		of an approved type and the proof has been provided that no type certificate can be obtained for the vehicle or chassis; or
4.		of a type whose approval has been requested by the Federal Minister for National Defence, and is no longer intended for use in the field of the Federal Army or the Army Administration.

(2) The authorisation of a single motor vehicle or trailer or a chassis of such vehicles shall, at the request of the producer, be subject to foreign producers of the authorized representative or the legitimate owner of the vehicle pursuant to § 29 (2) of the vehicle, without prejudice to the provisions of paragraph 6 of the Governor of the Land, where the legal owner has his principal residence in the local sphere of activity or the producer or his domestic authorised representative is the principal residence, or a permanent establishment or, if the vehicle is located there, a Extradition camps. Before deciding on the application for individual approval, the Governor of the State of the State shall obtain an opinion of one or more experts ordered pursuant to § 125 or the Federal Office for Transport (§ 131) on whether the vehicle meets the requirements. The provisions of this Federal Act and the regulations issued pursuant to this Federal Act shall be in accordance with the provisions of this Federal Act and the regulations adopted pursuant to this Federal Act, to the extent that this is reasonably observable by the expert or the Federal Office for Transport.

(3) The experts shall have their opinion on the basis of an examination to submit the individual examination. The Landeshauptmann shall make available to the experts the facilities required for the examination of the individual examination. The result of the individual examination shall be recorded in a test finding which has to contain the relevant data of the vehicle and all other data which form the subject of the individual approval sought.

(4) If serious defects (Section 57 (7)) are found during the individual examination, the applicant shall also be responsible for the reimbursement of costs within the meaning of Article 56 (4) for the opinion already issued in respect of the opinion of the applicant in respect of the individual examination procedure. To pay traffic and operational safety to the regional governor. The discontinuation of the individual approval procedure and its circumstances must be noted in the approval database.

(5) The decision of the decision on the individual licence shall refer to a drawing or pictorial representation of the vehicle. In the case of vehicles which have already been registered, the date of the first authorisation shall be recorded in the communication, even if it has been carried out abroad. After approval of the vehicle, the approval data of the vehicle must be entered into the approval database by means of the remote data transmission.

(6) The Federal Minister of Transport, Innovation and Technology has to decide on a request for the approval of a single vehicle, referred to in § 97 (1). For this purpose, paragraphs 1 to 5 are to be applied in the appropriate way, but the opinion pursuant to paragraph 3 is to be obtained from experts appointed in accordance with Section 124. Of these, at least one must belong to the staff of the Federal Ministry of Defence. Prior to the decision, the agreement shall be established with the Federal Minister for National Defence. Such approval of a vehicle shall only apply as long as the vehicle is intended for use in the area of the Federal Army or the Army Administration.

(7) In accordance with the requirements of traffic and operational safety, according to the respective state of the art, the more detailed provisions on the individual examination (paragraph 7) are laid down in the Regulation. 3) and shall fix the documents to be submitted during the individual examination. "

41. § 32 (1) reads:

" (1) Changes in an approved type, the basis for decision-making of the type-approval certificate, and the final cessation of production, the producer or his authorized representative shall immediately have the Federal Minister for Transport, innovation and technology. If changes are made to an approved type, the display is to be connected to a modified type description. "

42. § 32 (3) and (4) are:

" (3) The Federal Minister of Transport, Innovation and Technology has, before deciding on the approval of the amendments, to obtain an opinion of one or more experts ordered in accordance with § 124, whether there are no significant technical Characteristics of the approved type have been changed and whether the type according to the changes indicated still meets the requirements of traffic and operational safety, with the type not excessive noise, smoke, bad smell or harmful Air pollution is caused by the expert or experts -the type is in conformity with the information document and the vehicle complies with the provisions of this Act and the regulations adopted pursuant to this Act. Section 29 (4) shall apply mutatily.

(4) The notification of the approval of the amendment shall relate to the amended information document of the type. The type data in the approval database shall be supplemented accordingly. "

43. § 33 (2), (3) and (3a) are:

" (2) Subject to changes (para. 1) essential technical characteristics of the type to which the vehicle belongs, the modified vehicle of a single permit shall be required. With this individual approval, the approval document, which may be issued for the vehicle, loses its validity and is to be delivered to the Governor of the State.

(3) If changes have been made to the non-essential technical characteristics of the Type, the Governor of the State shall approve these changes within the meaning of Section 28 (1) and enter into the approval database by means of the remote data transmission. A new permit certificate shall be issued with the amended data if the approval of the change is carried out in the official offices of a national audit office. Changes in the approval certificate may only be made with regard to the approval data. If a new registration certificate cannot be issued in the course of the authorisation, this must be noted in the approval database. The approval document shall be permanently marked as invalid and the current data printout of the approval data shall be attached to the approval certificate. The last sentence of Article 20 (7) shall apply mutatily.

(3a) On request, the Governor of the State shall authorise an already approved vehicle as a historical vehicle even without any changes to the vehicle, provided that the conditions for a historic vehicle are met. Such a permit shall be entered into the approval database by means of remote data transmission. In addition, the Governor of the State shall also approve changes to the approval data of a vehicle without any changes to the vehicle and enter into the approval database by means of a remote data transmission, if:

1.		this is requested and is justified by an amendment to the relevant legislation, or
2.		this change represents a limitation of a range of values to a fixed value within the value range for one or more characteristics of the vehicle in the approval database, and this limitation to a fixed value economically is justified.
A new registration certificate should be issued with the amended data. The type certificate shall be permanently marked as invalid and the current data printout of the approval data shall be attached to the registration certificate. In the case of Z 2, the expenses incurred in this case shall be replaced by the applicant in accordance with the tariff referred to in Section 131 (6). "

44. § 33 (5) reads:

"(5) For amendments to a vehicle approved in accordance with § 31, at most in connection with § 34 individually approved vehicles, paragraphs 1 to 4 and section 30 (1a) shall apply mutaally."

45. In accordance with § 33 (7), the following paragraph 8 is added:

"(8) An abortion of the procedure and its circumstances shall be noted in the approval database where appropriate."

46. § 34 (3) and (4) are:

" (3) The derogation shall be granted in so far as this is necessary in accordance with the requirements of traffic and operational safety or with regard to the state of development of roads and bridges, as well as with regard to the conditions of approval of para. 1 and 2; and in the light of the objective that these vehicles cannot cause excessive noise, smoke, bad odour or harmful air pollution, subject to the appropriate conditions or conditions as defined in Article 28 (3) (2) or (2), or shall only be granted for a given period only.

(4) Prior to the granting of an exemption for historical vehicles, it is necessary to prove their conservation status and their conservation status. In the case of vehicles which are not entered in the list of historical vehicles, the Advisory Council for Historical Vehicles (§ 131b) shall make a recommendation. Historic motor vehicles can only be used on 120 days per year, historic motorcycles only on 60 days a year. Such use shall be subject to records and shall be submitted to the Authority upon request. "

47. In accordance with § 34 (6), the following paragraph 7 is added:

" (7) The granting of a derogation shall be entered in the approval database, if any, including conditions and conditions which are to be observed. An interruption of the procedure for the granting of a derogation and the circumstances of that procedure shall be noted in the approval database where appropriate. "

48. § 37 para. 2 lit. a is:

" (a)		in the case of first-time approval, the corresponding proof of approval of the vehicle (type certificate for vehicles with national type-approval, valid certificate of conformity or data extract from the approval database for vehicles with vehicles with EC type-approval, notification of individual approval for individually approved vehicles), a certificate issued by the approval authority for vehicles which have been approved under suspenseable conditions, that these conditions have been met, in the case of vehicles already in another Member State , in addition, where available, the certificate of registration as defined in Directive 1999 /37/EC, as amended by Directive 2003 /127/EC,
		in the case of a new authorisation, the vehicle type-approval document produced at the time of the last approval; "

49. According to Article 37 (2), the following subsections (2a) and (2b) are inserted:

" (2a) The first-time authorisation in Austria may only be made if an approval record for the vehicle is present in the approval database and no registration lock is entered in the database. An initial approval in Austria on the basis of type data may only be carried out on presentation of a valid type certificate or a valid certificate of conformity. If there is no approval record and type record in the approval database, the approval process must be interrupted and the applicant has entered the approval data or type data in the approval database after to the procedures laid down in Articles 28a, 28b, 30 or 30a.

(2b) In the course of the authorisation, a confirmation of the authorisation to which further authorisations and logins may be entered shall be printed out and the approval certificate submitted for the vehicle to the vehicle approval document shall be printed on the vehicle. connected. "

50. § 37 (4).

51. § § 39a and 39b, together with the headings, are deleted.

52. § 40a (5) Z 2 reads:

" 2.		the reception of entries in accordance with Z 8, 9, 10 and 12 in the vehicle approval document, "

53. § 40a (5) Z 6 reads:

" 6.		the issuing of the admission certificate (section 41 (1)) and the setting of the maximum permissible total weight for trailers of the class O1 and O2 within the specified range (§ 28 para. 3a), "

§ 40a (5) Z 8 and Z 9 are:

" 8.		confirmation of approval in the vehicle approval document (section 41 (5)),
9.		Acceptance of changes in the admission of relevant circumstances (Section 42 (1), section 43 (8)), "

55. § 40a (5) Z 12 reads as follows:

" 12.		Confirmation of registration in the vehicle approval document (§ 43 para. 2), "

56. § 40a (5) Z 20 reads:

" 20.		The issuing of identification plates for the desired identification marks, after the authority has assigned or reserved the desired mark, and the extension of the right to lead a symbol of wish (section 48a (8a)) and the withdrawal of the identification plates, provided that the (§ 48a (8b)), "the right to guide the wish-mark has been granted", "

57. According to Article 40a (6), the following paragraph 6a is inserted:

" (6a) If the tasks are not properly concerned or are in breach of the obligations laid down in Section 40b (6), the Authority may also order the exclusion of certain persons from that activity or, if in an admissions post Failure to comply with the written order to remedy defects repeatedly finds serious defects, which prohibit the further implementation of these activities in this Admissions Office. "

58. § 40a (7) reads:

" (7) The empowerment shall be revoked by the Landeshauptmann, if:

1.		the conditions for grant are no longer met, or
2.		a proper handling of the authorisation is not guaranteed, in particular:
a)			the authorisation has not been made unfounded without delay,
b)			Written instructions of the authority for the enforcement of the provisions of the law on road transport are not complied with, or
c)			the other delegated tasks are repeatedly not properly fulfilled,
		and the measures referred to in paragraph 6a have been unsuccessful.
If an unlawful conduct of an authorised admissions office causes damage to someone culpably, the provisions of the Official Liability Law, BGBl, shall be found. N ° 20/1949 idF BGBl. No 91/1993, subject to the proviso that the right of restitution of the legal entity to the authorised admissions office shall apply even if this is not a natural person. "

(59) § 40a (9) and (10).

60. § 41 (3a).

61. § 41 (5) reads:

" (5) The authority in whose area the vehicle is authorised shall confirm the registration of the vehicle, the assigned licence plate and the name of the authorisation holder in the vehicle approval document; however, this shall not apply. for the cover code assigned in accordance with section 48 (1) of the last sentence. "

62. § 42 (1) and (2) are:

' (1) The authorisation holder shall, within one week, indicate to the authority in whose area of location the vehicle is authorised to indicate any change in circumstances through which official registrations in the registration certificate are affected, such as in particular: the transfer of his principal place of residence, his principal place of residence or his registered office and the place from which he mainly possesses the vehicle, within the local area of operation of the same authority, or changes in the permit data of the Vehicle, unless the Landeshauptmann has a new registration certificate has been issued.

Where a vehicle engine of the same type has been installed in a vehicle, the owner of the vehicle shall indicate the engine number of the vehicle in whose area of location the vehicle is registered, provided that the engine number of the previous vehicle engine has been approved. Motor in the registration form is registered. The display is not required if only the name of the engine type is entered in the registration form. The authority shall enter the new engine number in the registration form and in the vehicle approval document. When indicating the engine number of another vehicle engine installed in the vehicle abroad, the confirmation of a customs office shall be submitted that the engine has been subjected to a corresponding customs procedure; however, that proof shall be in the case of vehicles which have their permanent location in an Austrian customs clearance area, to submit to the Authority only when the permanent location has been transferred to the customs territory. "

Section 43 (1a) reads as follows:

" (1a) Motor vehicles of category M1 or N1 and three-wheel motor vehicles, with the exclusion of three-wheel motorcycles, which are definitively withdrawn from circulation, may only be signed off if they have a certificate of destruction which is subject to a regulation on the prevention of waste, collection and treatment of end-of-life vehicles in accordance with § 14 (1) of the Waste Management Act 2002, BGBl. I n ° 102/2002, has been submitted to the Authority or the Admissions Office. In doing so, the vehicle approval document shall be issued and shall be destroyed or devalued and re-evaluated by the Authority or the Admissions Office. The applicant shall declare to the Authority or the Admissions Office whether the vehicle will be definitively withdrawn from the market. The destruction or devaluation of the vehicle type-approval document shall be entered in the approval database. "

64. § 43 (2) and (3) are:

" (2) The vehicle was signed off and the registration certificate and the registration plates were delivered (paragraph 2). 1) or if their loss or destruction is made credible, the vehicle approval document shall be submitted for inspection to the Authority, unless there are compelling reasons for the Authority's failure to do so. The Authority shall confirm the logout and the date of the logout. The day of filing shall be the date of delivery of the certificate of admission and of the registration plates or the day on which the loss or destruction of the certificate has been made credible.

(3) The registration number is at the request of the authorisation holder for a maximum of six months, calculated on the basis of the date of the application.

1.		Logout or
2.		Resignation to an interchangeable flag
3.		Assignment of a Wish Label
and to be assigned to the applicant for a vehicle if requested by the applicant for a period of six months. "

65. In accordance with § 43 (7), the following paragraph 8 is added:

" (8) In the case of business combinations or business start-ups, which are based on the Reformation Tax Act, BGBl. N ° 699/1991, it is not necessary to register and re-register the vehicles registered on the respective companies, but the registration authorities must, upon request, carry out a correction of the data sets in the marketing authorisation. and to issue a new authorisation certificate if this does not result in a change in local competence. "

66. § 44 (1) (lit). d is:

" (d)		the vehicle approval document has lost its validity, but this does not apply in the case of the approval of changes to a vehicle in accordance with Section 33 (2). "

67. § 44 para. 2 lit. e is:

" e)		the vehicle approval document has lost its validity due to the approval of changes to the vehicle and the authority has not been delivered (section 33 (2)) or "

68. According to Article 44 (3), the following paragraph 3a is inserted:

" (3a) In the cases of paragraph 1, lit. a and lit. d and the second paragraph of paragraph 2. a and lit. e is to enter a registration lock in the approval database. "

Section 47 (4b) is deleted.

Section 56 (4) reads as follows:

(4) Where serious deficiencies have been found (Section 57 (7)), a cost replacement for each test carried out in the course of the special inspection of the vehicle, provided that the opinion has not been obtained by a person authorised pursuant to § 57 (4), is to be reimbured. be paid. The reimbursement of expenses shall also be payable for each test carried out by the vehicle in the course of a special inspection as referred to in paragraph 1, fourth sentence. The rate of reimbursement shall be borne by the local authority, which shall bear the burden of the facilities required for the testing of the vehicles. The amount of the cost replacement must be determined by regulation of the Federal Minister of Transport, Innovation and Technology. "

71. § 57 (2) reads:

" (2) The opinion (par. 1) in the case of an expert appointed in accordance with § 125, shall be obtained from the Federal Office for Transport or in the case of a person authorised by the provincial governor pursuant to paragraph 4 to submit such expert reports. "

Section 57 (4) reads as follows:

" (4) The provincial governor may, at the request of a civil engineer or a technical bureau of engineering offices (§ 134 GewO) of the relevant specialist area, association or repair of motor vehicles or trailers, authorized for his local area of activity. Traders who have sufficient staff and the necessary facilities to satisfy the requirements of section 125 (2) (2) (2) shall be empowered to submit opinions for the specific review if it is to be expected that: that the experts appointed in accordance with Section 125 (Landesprüfstelle) or the The Bundesanstalt für Verkehr (Federal Agency for Transport) will not be able to carry out the necessary tests to a sufficient extent. Authorisation may only be granted to trustworthy persons. The authorised officer shall immediately notify the Governor of the State of any change in respect of its staff and facilities, provided that these conditions have been fulfilled for the grant of the authorization. The requirements of § 125 (2) Z 2 lit. b shall be deemed to be fulfilled even if, in the appropriate application of § 125 (3), it has been established that equivalent training is available. Authorisation shall be revoked in whole or in respect of individual types of vehicles, if the authorised person is no longer trustworthy, no longer has suitable staff or his facilities are not covered by the Regulation . Where necessary, the exclusion of certain appropriate persons may be arranged by that activity. "

§ 57 (5), (6), (7) and (8) are:

" (5) The authorisation holder has his vehicle for the examination (paragraph 1). 1) and present the vehicle approval document. He has to ensure that the vehicle for testing is cleaned.

(6) The Authority shall enter into the approval level any arrangement of a special inspection and the outcome of the inspection on the record of the vehicle in question. If a vehicle registration lock has been entered in the approval database on the grounds of section 44 (1) or (2) or section 57 (7) or (8), the registration lock must be lifted if the check shows that the vehicle is the The provisions of this Federal Act and the regulations adopted pursuant to this Federal Act are in accordance with this Act.

(7) The vehicle does not comply with the rules (para. 6), the Authority shall specify the deficiencies to be remedied and in the case of vehicles which are not in a safe and safe condition, or which cause excessive noise, smoke, bad odour or harmful air pollution , when the vehicle is to be presented for re-examination. In the case of unauthorised vehicles, the approval database shall be entered in the approval database.

(8) If traffic safety is endangered by the further use of the vehicle, then in the event of danger in default, without prejudice to the provisions of section 44 (1) (lit). a on the withdrawal of the authorisation, the registration certificate and the registration plates immediately. The approval database shall be subject to a vehicle registration lock. "

74. § 57a (1), (1a), (1b) and (2) are:

" (1) The registration holder of a vehicle, except

1.		trailers with which a speed of 25 km/h may not be exceeded,
2.		Tractors with a design speed of not more than 25 km/h,
3.		self-proponent working machines and transport carts, each with a design speed of not more than 30 km/h,
4.		Motor carts with a design speed of not more than 25 km/h,
(2) has, at the dates fixed in the first sentence of paragraph 3, whether it complies with the requirements of traffic and operational safety and, in the case of motor vehicles, whether or not it complies with the requirements of traffic and operational safety, The vehicle cannot be excessively noise, smoke, bad smell or harmful air pollution; however, it is not necessary to measure the near-field level if there are no objections to a modification of the exhaust system. , or the vehicle is not marked as a noise vehicle. Vehicles with a maximum permissible gross laden weight of more than 3 500 kg shall also be assessed, in so far as it may be assessed by the examining body, whether they comply with the provisions of this Federal Law and of the provisions of this Federal Law. Regulations adopted.

(1a) The holder of the authorisation shall forward the vehicle to the authorised person for the periodic review and shall ensure that it is cleaned and to submit the registration certificate. In the case of vehicles with a maximum permissible gross laden weight of more than 3 500 kg, the vehicle approval document as well as any additional evidence required, if necessary in copy, shall be provided. In the case of other vehicles, the presentation of the vehicle approval document may be required if doubts arise about the approved state of the vehicle. The owner of the vehicle may also have the vehicle regularly reviewed in the case of an expert appointed in accordance with § 125, to whom the regional governor has provided the facilities required for this purpose (Landesprüfstelle); these bodies shall have the same rights and obligations as those for the authorised bodies in the following paragraphs.

(1b) The periodic review, however, excludes vehicles owned by the Federal Government, the Länder, the municipal associations, the local communities of more than 50 000 inhabitants and the liability of the local authorities under their liability. Undertakings and vehicles of transport undertakings in the exclusive property of the Confederation, provided that the vehicles are adequately suited to the requirements of paragraph 2 by the services of these local authorities or undertakings. the appropriate staff and with the assistance of the necessary facilities themselves in the The terms of the existing rules for the periodic evaluation shall be assessed.

(2) The provincial governor has authorized for his local area of activity at the request of civilian technicians or technical offices-engineering offices (§ 134 WO) of the relevant specialist area, clubs or for the repair of motor vehicles or trailers Operators who have sufficient personnel and facilities to be authorised for the periodic review of all or individual types of vehicles as referred to in paragraph 1 shall be authorised. Authorisation may only be granted to trustworthy persons. In the case of the authorization, it is also necessary to say in which way the test points must be made recognizable. The authorized person shall immediately notify the Governor of the State of any changes to his staff and facilities, provided that this condition was necessary for the granting of the authorization. Authorisation shall be revoked in whole or in respect of individual types of vehicles, if the authorised person is no longer trustworthy, no longer has suitable staff or his facilities are not covered by the Regulation . Where necessary, the exclusion of certain appropriate persons may be arranged by that activity. Regulation of the Federal Minister of Transport, Innovation and Technology shall determine the conditions under which a person is to be considered to be suitable for carrying out the periodic assessment of the vehicle, taking into account the vehicle garden and which devices according to the respective state of the art are required for the periodic evaluation of the vehicle, taking into account the vehicle garden. "

Article 57a (3) reads as follows:

" (3) The periodic review shall be made on the anniversary of the first admission, even if it has been carried out abroad, or on the anniversary of the date fixed by the Authority:

1.		in the case of motor vehicles, other than those according to Z 3 and historical motor vehicles according to Z 4, annually,
2.		in the case of trailers, other than those referred to in Z 3, annually,
3.		in the case of motor vehicles of category M1, other than taxis, ambulances and ambulances, and for tractors and motor carts, each with a design speed exceeding 25 km/h, but not more than 40 km/h, in the case of self-proponent vehicles working machines and transport carts, each with a design speed exceeding 30 km/h, but not more than 40 km/h, and with trailers with which a speed of 25 km/h may be exceeded and which
a)			have a maximum permissible gross laden weight of not more than 3 500 kg, or
b)			agricultural trailers, or
c)			are intended to be drawn with motorcycles, with the exception of motorcycles,
		three years after the first authorisation, two years after the first evaluation and one year after the second and after each further evaluation,
4.		in historical vehicles every two years.
At the request of the authorisation holder, the authorisation authority may set a date other than the anniversary of the first authorisation as the date for the periodic review. The evaluation may also be carried out in the period from the beginning of the calendar month preceding the scheduled date until the end of the fourth subsequent calendar month, without any effect on the date of the next evaluation. If proof of the date of first authorisation has not been provided, the Authority shall fix the date of the first evaluation. As a recurring assessment, an individual inspection of the vehicle in accordance with § 31 (3) or a special inspection according to § 56. "

§ 57a (4) to (6) are:

" (4) The authorised person has to issue an expert opinion on the status of a vehicle presented to him in accordance with the first paragraph of the first paragraph before fixing any defects found. The expert opinion is a public document. A copy must be handed over to the vehicle, a second copy of the opinion shall be kept for five years and shall be presented on request to the authorities responsible for matters relating to the driving force.

(4a) The authorized person may be required to hold the second copy of the opinion (paragraph 1). 4) Use media. In this case, the content-identical, complete, orderly and faithful reproduction must be guaranteed at all times until the retention period has expired. The authorised authority shall, where the Authority requires the submission, make available, within a reasonable time, those resources necessary to make the opinions legible and, where necessary, the necessary resources to be provided to the Authority. Number of legible, durable reproductions without any tools.

(5) The vehicle referred to in paragraph 1 shall meet the requirements of traffic and operational safety and may not be caused by excessive noise, smoke, bad smell or harmful air pollution, and shall correspond to the vehicle. with a maximum permissible gross laden weight of more than 3 500 kg-to the extent that this could be assessed-the provisions of this Federal Act and the regulations adopted pursuant to this Federal Act, the authorized person shall have one from the Authority issued inspection supply chain, on which the vehicle's license plate is permanently is written in a legible and indelible way, to be followed by the owner of the vehicle or to be affixed to the vehicle; the assessment pack is a public document. The assessment chain shall be affixed to the vehicle in such a way that the end of the time-limit fixed in accordance with paragraph 3 for the next periodic review may always be easily detected outside the vehicle. The conclusion or the affixing of the evaluation pack shall be noted in the opinion issued in accordance with paragraph 4. The authorised authority shall, at the request of the authorisation holder, also be carried out in the same way without the approval of the authorisation holder or affixed to vehicles in which there is no or only an unreadable inspection supply chain if the holder of the authorisation proves that the vehicle referred to in paragraph 3 has not yet become due or has not yet been subject to any further periodic review.

(6) If a vehicle under Article 57 (6) has been issued for a vehicle subject to the recurrent assessment, the authority shall have a review charge (s) to the approval holder (s). 5), on which the registration plate of the vehicle is permanently creditable and indelibly written. Such a review board is the holder of the approval if the requirements of § 37 (2) (lit) are fulfilled. h ex offies, on the occasion of the authorisation of the authority or at the request of the authority or a person authorised in accordance with paragraph 2, to be followed, even without review or assessment, if it proves that the vehicle referred to in paragraph 3 does not yet have any or all of the following: no further assessment has become due. The assessment chain bearing the mark must be affixed to the vehicle in such a way as to ensure that the end of the time-limit fixed in accordance with paragraph 3 for the next periodic review can always be easily detected outside the vehicle. "

77. In § 57a (7b) the reference shall be made in the second half-sentence of the reference " 7 " by reference " 7a " replaced.

78. § 57a (9) reads:

" (9) Vehicles not admitted to the traffic in accordance with paragraph 1 may be presented to a person authorized pursuant to paragraph 2 for a periodic review, if at the same time the vehicle approval document is presented with the presentation of the vehicle. Where such a vehicle meets the requirements of traffic and operational safety and cannot be caused to excessive noise, smoke, bad smell or harmful air pollution by the vehicle, the vehicle shall be equivalent to a vehicle with a the maximum permissible gross vehicle weight of more than 3 500 kg-to the extent that this could be assessed-the provisions of this Federal Act and the regulations adopted pursuant to this Federal Act, the authorized representative shall have an opinion on the Review form (par. 4) on which the chassis number and, if available, the engine number is to be recorded. However, the conclusion of the assessment chain on the basis of such an assessment may only be carried out after the approval of the vehicle for traffic at the request of the authorisation holder by the authority, paragraph 6 of which shall apply mutalogically. "

79. § 57b reads:

" § 57b. If an unlawful conduct of a person empowered pursuant to § 57 (4) for the submission of an expert opinion for the special inspection or a person empowered pursuant to § 57a (2) for the periodic review is culpable, the following shall be found: Provisions of the Official Liability Act, BGBl. No 20/1949, with the proviso that the right of return of the right-holder to the person who has been authorised shall also exist if this is not a natural person. "

80. In § 87 (2), the last sentence is deleted.

81. The previous text of § 92 receives the sales designation "(1)" . The new paragraph 2 shall be added:

" (2) Until the end of June 30, 2007, in the case of vehicles which are based on the provisions of § 2 Z 1 GGBG, BGBl. I n ° 145/1998 must be subject to technical tests and must be issued for the certification of certificates, as follows:

1.		in the case of type approval, the Federal Minister for Transport, Innovation and Technology,
2.		in the case of individual approval, the Governor of the State
		obtain the opinion of one or more experts in accordance with § 26 GGBG. In the case of such vehicles, the approval of the approval certificate shall also contain information, insofar as these are available on the basis of the investigation procedure, which is in the case of the German Federal Law Gazette (GGBG) in § 2 Z 1 GGBG, BGBl. I n ° 145/1998 must be included in the regulations to be issued, in particular the vehicle name (s) and the tank coding and the effect of the permanent braking system.
3.		Entries or changes of information contained in the information contained in § 2 Z 1 GGBG, BGBl. In the sense of Section 33, it must also be carried out without the existence of any changes to the vehicle.
4.		On request, the Landeshauptmann, who granted the individual approval, or the Governor of the Land, whose local area of effect is to be issued or issued the permit certificate, shall be subject to a certificate of approval in accordance with the provisions of § 2 Z 1 GGBG, BGBl. I No 145/1998 shall be issued. An administrative fee of EUR 58 is to be paid for this exhibition.
5.		On request, the Landeshauptmann, in whose local area of activity the periodic evaluation has been carried out, or by the provincial governor, in whose local area of effect the registration certificate has been issued, which has been issued. Certificate of approval to be extended. To this end, the Landeshauptmann has the expert opinion of an expert according to § 26 GGBG, BGBl. I No 145/1998. An administrative charge of 29 euro shall be paid for this extension. "

82. § 99 (5) reads:

" (5) In the event of a visual impairment by rain, snowfall, fog and the like, dipped-beam, fog light or both are to be used together; high-beam light may be used instead of dipped-beam light except during twilight, in the dark or in fog. Fog lights may only be used in the event of a visual impairment by rain, snowfall, fog and the like. Without prejudice to the provisions on the use of high-beam and fog lamps, in the case of single-track motorcycles, dipped-beam shall always be used during driving. "

83. In § 99, the following paragraph 5a is inserted after paragraph 5:

" (5a) The handlebars of a motor vehicle or of a multi-lane motorcycle shall always use dipped or special daytime running lights during the day, even if there is no visual impairment due to rain, snowfall or fog. Paragraph 2 shall not apply in this case. If dipped-beam light is used during daytime as daytime running light, the circuit can be as in daytime running lamps and the provisions of section 14 (3) and (4) do not apply. "

84. In § 99 (6), the point at the end of the lit. m replaced by a dash and the following lit. N:

" n)		which are used in the field of agriculture and which exceed a width of 2.60 m. "

Article 101 (7) reads as follows:

" (7) The driver of a motor vehicle shall, at the request of the public safety service or the roadside inspection bodies, be on the spot or at a location not exceeding 10 km in the case of vehicles with a design speed of no more than 25 3 km from its distance to the destination, whether the maximum permissible gross vehicle weight or the maximum permissible axle loads of the motor vehicle articulated by it, or a trailer drawn with it, have been exceeded. If an exceedances has been established, the owner of the vehicle shall reimbursed the costs of the weighing and, in the case of a transhipment or transhipment, the costs of any subsequent weighing; the driver of the motor vehicle shall be deemed to be representative of the vehicle. of the authorisation holder, if he or she is not present himself or a representative he or she is ordered to attend. The Governor of the State shall make available to the institutions of the Public Security Service or the supervision of the road the facilities necessary for the examination of the overall weight and the axle loads on the spot. "

86. The following sentence is added to § 102 (12):

"The costs incurred by an accompaniment shall be replaced by the authorisation holder; the driver of the motor vehicle shall be deemed to be the representative of the authorisation holder, if he or she is not present himself or a representative appointed by him."

87. § 103 (3) reads:

' (3) The owner of a vehicle, if he is the employer of the driver, shall ensure that the life or health of the driver or the person else employed and employed in the course of the operation of the vehicle is at risk. People are avoided as far as possible. He shall have the necessary cold and rain protection clothing for the handlebar, and for the handlebars of a lorry, a semitrailer or an omnibus, each with a maximum permissible total weight exceeding 3 500 kg, excluding vehicles in the inner-city regular services, including a suitable warning garment (such as reflective warning vest) and, in the case of a vehicle falling under the headlight, the handlebar and a person who is in the interest of the authorisation holder, to provide an appropriate crash helmet. It must not claim the handlebars to an extent that the safe steering of the vehicle is no longer possible for this purpose. "

88. § 106 together with headline reads:

" passenger transport

§ 106. (1) Vehicles and trailers shall only be allowed to transport persons if their safety is ensured. Without prejudice to the provisions of paragraph 11 and unless otherwise specified in the case of authorisation, they may only be transported on the seats or standing places provided for that purpose and only in such a way as not to draw attention to, or to Freedom of movement of the handlebar is impaired, its free vision is obstructed, or the handlebars or the persons transported are otherwise at risk. Persons may be transported in vehicles of categories M2 and M3 only if it is listed in the approval document and in the permit certificate. In the case of the carriage of persons with motor vehicles and trailers, without prejudice to the provisions of paragraph 11, the maximum authorised number of persons authorised to carry the vehicle at the time of approval shall not be subject to the following conditions: shall be exceeded. Except in the case of buses and coaches, it is not possible to transport more than eight persons, irrespective of whether adults or children, except for the handlebars. Three children under 14 years of age shall be considered to be responsible for the calculation of the number of persons transported by bus or coach in road transport or in daily occasional transport to and from a school or nursery. Two people and children under the age of six cannot be counted.

(2) If a seat of a motor vehicle is equipped with a seatbelt, handlebars and transported persons who use such a seat shall each be obliged to use the seat belt for their intended use, unless the seat has been used for the purpose of carrying out the seat belt. Paragraph 5 shall apply. The breach of this obligation is justified, but only as far as this is a possible claim for pain, in the case of the killing or violation of the user by an accident, a contributor to these consequences in the sense of § 1304 ABGB. The contributor is not present as far as the injured person (his successor in law) proves that the consequence would have been in this seriousness even in the use of the seat belt.

(3) Paragraph 2 shall not apply

1.		at very low risk, such as parking or slow reverse driving, or in the case of a particular traffic situation which justifies the non-use of the seat belt,
2.		in the case of inability to use the seat belt as intended, due to the body size or the most serious physical impairment of the user,
3.		in the case of emergency vehicles (§ 107) and in the case of vehicles of the public safety service, which are not operational vehicles, where the use of the safety belt is incompatible with the purpose of the journey, and in the case of a modest requirement transport accompanying vehicles of iced road inspection bodies in the protection of special transport, if the use of the safety belt would make it more difficult to carry out the necessary traffic regulations,
4.		for the handlebar of a motor vehicle in the exercise of the taxi trade in the commercial carriage of a passenger,
5.		for journeys on road transport with a length of not more than 100 km.

(4) Passengers of category M2 and M3 vehicles which are not used in road transport shall be obliged to point out the obligation to apply a safety belt during the journey when they are on their seats. The reference shall be made at least in one of the following ways:

1.		by the handlebar,
2.		by the bus attendant or by the person named as the head of the group,
3.		by audio-visual means (e.g. video recording),
4.		by signs or pictograms in accordance with the model of the Annex to Directive 2002 /30/EC, OJ L 206, 22.7.2002, p. No. OJ L 115, 9 May 2003, p. 63, which must be clearly visible at each seat.

(5) The handlebar has to ensure that children up to the completion of the 14. years of life, which

1.		150 cm and greater are only transported on a seat of a motor vehicle equipped with a safety belt, if they use the safety belt as intended,
2.		less than 150 cm, in motor vehicles other than vehicles of categories M2 and M3, only if appropriate restraining means, suitable for the size and weight of the children, are used, which risk the risk of Reduce body injuries in an accident,
3.		have completed the third year of life, in vehicles of categories M2 and M3, which are not used in road transport and are not used in daily occasional traffic to and from a school or kindergarten, the existing Use safety belts (safety belts or restraining devices) if they are located on their seat. If an adult accompanying the bus is involved in the bus, this obligation shall be applied to that person.
If the vehicle is not equipped with safety systems (seatbelts or restraint systems), except for carriage in vehicles of categories M2 and M3, children who have not completed the third year of life shall not be allowed to carry children from the age of the third year of age must be transported on the other side than the front seats. Children shall not be transported on a seat protected by a front airbag in a rearwards restraint system, unless the airbag has been put out of service or automatically switches itself off in such cases.

(6) Paragraph 5 does not apply

1.		in the case of a particular traffic situation, which justifies the non-use of the restraint system;
2.		in the case of impossibility of use as intended, due to the severe physical impairment of the child,
3.		in the case of carriage in service vehicles, or in vehicles of the public safety service, which are not operational vehicles,
4.		in the case of transport in vehicles for the carriage of passengers (taxi, rental car, car hire, etc.), unless the transport of pupils in accordance with paragraph 10 is concerned;
5.		in the case of transport in rescue and ambulance vehicles of recognised rescue companies,
6.		for tractors, motor carts and self-proponent working machines.
In the cases of Z 2 to Z 5, however, the children may not be transported on the front seats if there are no suitable restraining means.

(7) The handlebar of a

1.		Motorcycles or
2.		a vehicle approved as a motor vehicle with three wheels and a net weight of more than 400 kg; or
3.		a four-wheel motor vehicle having a design speed of more than 25 km/h, which has characteristics of a motorcycle, in particular by means of a handlebar, operating and display elements, and a bench seat,
with the exception of vehicles with a closed, cabin-like structure, provided that adequate protection is provided by a suitable, technically equivalent safety system (e.g. special belt system), and that a vehicle with such a vehicle has been transported The person is obliged to use a crash helmet for their intended use. The breach of this obligation is justified, but only as far as this is a possible claim for pain, in the case of the killing or violation of the user by an accident, a contributor to these consequences in the sense of § 1304 ABGB. The contributor is not present as far as the injured person (his successor in law) proves that the consequence would have been in this seriousness even in the use of the fall helmet.

(8) (7) does not apply

1.		at very low risk, such as when parking or in the case of a particular traffic situation, which justifies the non-use of the helmet,
2.		in the case of impossibility of the intended use of the crash helmet due to the physical condition of the user.

(9) The Authority shall, on request, state that the most serious physical impairment cited in paragraph 3 (2) (2) or (6) (2) or (2) (2) is present in the physical condition as indicated in paragraph 8 (2). The finding has been based on the results of the investigation procedure.

1.		a general impossibility of the intended use
a)			safety belt or
b)			a restraint system or
c)			of a crash helmet, or
2.		the impossibility of the intended use
a)			a safety belt in the case of the use of certain seats, certain vehicles or vehicles of certain types, or
b)			of certain types of restraint systems.
The finding is to be limited, if it can be assumed that the physical impairment or nature will not be permanently in full. A confirmation shall be issued on the basis of the determination. Such confirmation shall be carried out on voyage and shall be subject to inspection by the public security service or the supervisory authorities at the request of the public security service.

(10) In the case of student transports with buses, two warning lights visible from the rear must be lit with a yellow light (§ 20 paragraph 1 lit. (f) be appropriate. Transport by means of transport of

1.		Pupils who have their general compulsory schooling by visiting one of the provisions of § 5 of the School Pflichtgesetz 1985, BGBl. No 76/1985, from and to this school and to school events, and from and to school-school-horts,
2.		School-paying persons of youth welfare institutions who do not fulfil their obligation to attend school, from and to events of these institutions, or
3.		Children who visit a kindergarten, from and to this kindergarten and its kindergarten events.

(11) The carriage of persons on a loading area or cargo shall be permitted only with:

1.		Motor vehicles having a design speed of not more than 40 km/h or trailers drawn with such motor vehicles, or
2.		with motor vehicles on stand surfaces specially designed for this purpose, provided that a speed of 40 km/h is not exceeded; and
		if the persons transported can safely stop on the vehicle or on the cargo, do not exceed the maximum length and width and the maximum limit laid down in Article 4 (6) (1) for the maximum height of vehicles, and not by the load shall be put at risk, and if the load is appropriately fixed to the vehicle.

With tractors, children under the age of 12 may only be transported on the seats for passengers (§ 26 para. 3) if they have completed the fifth year of life and if these seats are within a closed driver's cab.

(12) In addition to the handlebar, only one person may be transported with motorcycles and motorcycles. With motorcycles, three-wheel motor vehicles without a closed cabin-like structure and four-wheel motor vehicles, which, in particular, have characteristics of a motorcycle by means of a handlebar, operating and display elements and a bench seat, only persons who have completed the twelfth year of their life and who are able to reach the footrests provided for by the passenger. For motorcycles with a caravan, children who have not yet completed the twelfth year of life may only be transported if they are equipped with suitable child restraint systems, which are securely fastened in the passenger car, or by means of a seatbelt , and if the lateral edges of the passenger pass at least to the height of the chest of the children, and the side-carriage has a roll-over bar, or it is a closed cabin-like passenger car. With motorcycles, children who have not yet completed the eighth year of age may only be transported to child seats in accordance with Section 26 (5), which corresponds to the size of the child.

(13) With trailers other than omnibus trailers, persons may only be transported if the conditions laid down by the Regulation are fulfilled. Whereas, in accordance with the requirements of transport and operational safety, and in accordance with the relevant state of the art, it is necessary, in accordance with the requirements of transport and operational safety, to lay down the conditions under which persons with a Motor vehicles, with trailers, in particular with agricultural trailers, or with trailers intended for the transport of furniture, or in the case of transport by pupils. In order to ensure the safety of traffic, it is possible to require, in particular, the maximum permissible driving speed and certain braking systems, or the corresponding effectiveness of the braking systems, as conditions. Persons who are not admitted to the market may be transported only if a speed of 10 km/h is not exceeded.

(14) The Governor of the State may, on request, grant exemptions in respect of the carriage of persons to trailers drawn with tractors in the context of tourist events, where the safety of the persons being transported, or of other road users is not at risk. Such an exemption shall be granted under the terms of such conditions, such as, in particular, a permissible driving speed or time, local or factual restrictions on validity.

(15) Army vehicles and the handlebars of such vehicles shall be exempted from the provisions of Section 1 (3) to (5) and (11) to (13). "

Article 107 (3) reads as follows:

" (3) The provisions of Section 106 (1) on the permissible number of persons shall be found on journeys to places of an urgent use and on return journeys from such places with vehicles used for use in the area of the public security service , and shall not apply to vehicles intended exclusively or primarily for use in fire brigades, rescue services, mountain rescue or water rescue. "

90. 109 para. 1 lit. g is:

" (g)			for at least three years a steering authority for the classes or subclasses of motor vehicles shall be designed for the handlebars, and shall demonstrate that they have actually steered vehicles of these classes for at least one year , and have completed a seminar seminar for each class in the facilities authorised to train driving school teachers. This seminar seminar is not required for class F and for persons who already have a driving practice of at least three years with the respective vehicles in question. They must not have been punished for serious breaches of the law on road safety or road law. However, in the case of applicants for a driving licence for category D, only one steering practice with vehicles of category C, unless they also fall into another class or subclass, shall be required, "

91. § 109 para. 1 lit. i is deleted.

92. § 122 para. 2 Z 2 lit. d is:

" (d)			demonstrate that, in the course of the operation of a driving school, it has completed the theoretical training, the theoretical instruction together with the companion, and the practical pre-training and primary training; "

93. In § 122 (2), the line point at the end of Z 2 is replaced by a point and Z 3 is deleted.

94. § 122 (4) reads:

" (4) After the granting of the authorization, the applicant has to carry out the practical main training in the form of exercise trips with the companion. A travel protocol within the meaning of section 19 (8) of the FSG is to be carried out via these training trips. After at least 1 000 kilometres travelled, a journey of observation within the framework of a driving school is to be carried out together with the accompanying person and the training of perfection in a driving school is to be completed. The Regulation shall lay down the scope and content of the training parts to be completed in the driving school. "

Article 123 (2) reads as follows:

" (2) The federal police have to participate in the enforcement of this federal law by the district administrative authorities, the federal police directorates and the provincial governor. The Federal Police

1.		to monitor compliance with public transport rules on road transport,
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. "

Section 131 (4) reads as follows:

"(4) The Head shall submit to the Federal Minister for Transport, Innovation and Technology until 15 March each calendar year a detailed activity report on the past year."

(97) The following subsections (21), (22), (23) and (24) are added to § 132:

" (21) § 4 (5) and § 6 (11) in the version of the Federal Law BGBl. I n ° 117/2005 do not apply to vehicles that are before the 1. They have already been approved in January 2006. Such vehicles must comply with the previous rules. Such vehicles must not be allowed for the first time on the market after 30 September 2006.

(22) § 16 (1) in the version of the Federal Law BGBl. No 117/2005 applies to vehicles which have already been approved before 25 May 2002. Such vehicles must comply with the previous rules. Such vehicles must not be allowed for the first time on the market after 30 September 2006.

(23) § 28 (3b) in the version of the Federal Law BGBl. I n ° 117/2005 does not apply to vehicles of category N1, which are before enter into force in the version of the Federal Law BGBl (Federal Law Gazette) § 28 (3b). I No 117/2005 has already been approved. However, such vehicles of Group I may, after 31 December 2005 and such vehicles of Groups II and III, not be allowed for the first time for the first time after 31 December 2007, if the fuel consumption and CO2 emissions are have not been identified in accordance with Directive 80 /1268/EEC as amended by Directive 2004 /3/EC.

(24) Markings within the meaning of § § 39a and 39b may be removed from vehicles according to § § 39a and 39b of vehicles, even if this marking has been prescribed as a requirement for admission and is entered in the registration form. is. "

98. In § 134 (1) the amount shall be "2 180 Euro" replaced by the amount "EUR 5 000" .

99. § 134 (3) reads:

" (3) In the case of transgressions of § 99 (1), first sentence and (5) on free-country roads, the third sentence of § 102 (1) and third sentence, § 106 (1) and (12) and in the case of exceedances recorded with measuring instruments, a quote (§ 98) to the extent of 20 to 30 km/h may be applied in accordance with § 50 VStG 1991 with the proviso that fines of up to 36 euros will be immediately lifted. This shall also apply to the transgressions of Articles 5 to 9 of Regulation (EEC) No 3820/85 and of Article 15 of Regulation (EEC) No 3821/85. In the case of transgressions of § 4 para. 7a and § 101 para. 1 lit. (a) § 50 VStG 1991 can be applied with the proviso that fines of up to 210 euros are immediately lifted. "

100. In accordance with Section 134 (3c), the following paragraph 3d is inserted:

" (3d) Anyone who is a driver of a motor vehicle or a person who is transported with a motor vehicle

1.		the obligation set out in Section 106 (2), or
2.		the obligation set out in Section 106 (7)
, if this is found in the case of a holding pursuant to Section 97 (5) of the StVO 1960, an administrative surrender, which is punishable by an organ criminal decree in accordance with § 50 VStG with a fine of 35 euros. If the payment of the penalty amount is denied, a fine of up to 72 euros shall be imposed by the authority, in the case of incriminality, a term of imprisonment of up to 24 hours. "

101. Section 134 (4) reads as follows:

" (4) In the event of a suspicion of transgressing the provisions of this Federal Act or of the regulations issued pursuant to this Federal Act, an amount of up to EUR 2 180 may be set as provisional security within the meaning of Section 37a of the VStG 1950. This value limit is also relevant for the seizure pursuant to Section 37a (3) of the German Act on the Law of the Union. In the event of suspicion of transgressing by the holder of the authorisation, the handlebar shall be deemed to be the representative of the authorisation holder, unless he or a representative of the holder is present in the official acts, provided that the handlebar is a service provider. the authorisation holder, or is in any other employment relationship with the latter, or carries out the journey on behalf of the marketing authorisation holder or in the interest of the authorisation holder. "

102. In accordance with Section 134 (4), the following paragraphs 4a and 4b are inserted:

" (4a) The public safety bodies or the roadside inspection bodies may order the interruption of the journey and their continuation by means of appropriate arrangements (acceptance of the vehicle keys and the vehicle documents, installation of technical barriers on the road). Vehicle, location at a suitable location, etc. ) as long as the provisional security set out in paragraph 4 or a cost replacement is not provided in accordance with § § 58 (4), 101 (7) or 102 (12). This should be done with the possible protection of the person and the principle of proportionality must be respected.

(4b) If the interruption of the journey referred to in paragraph 4a is not cancelled within 72 hours, the authority may seize the motor vehicle as a security. Section 37 (3) to (6) of the VStG is to be applied mutaly. "

103. The following paragraph 16 is added to Section 135:

" (16) It enters into force

1.		Section 99 (5a) in the version of the Federal Law BGBl. I No 117/2005 on 15 November 2005.
2.		§ 2 (1) Z 31, § 4 (5), § 6 (11), § 103 (3), § 106, § 107 (3), § 122 (2) (d), § 122 (4), § 134 (3), § 134 (3d) and § 136 (3), respectively, as amended by the Federal Law BGBl. I n ° 117/2005 with 1. Jänner 2006.
3.		§ 28 (3b) for vehicles of category N1, Groups II and III, Section 28a (6), Section 28b (1), (2), (5) and (6), § 29 (1), § 30 (1), (2), (3) and (5), last sentence, § 30a, § 31 (4), last sentence, and (5), § 32 (4), § 33 (3), (3), Section 3a, para. 5 and paragraph 8, § 34 (7), § 37 (2), (2a), (2b) and (4), § 44 (3a), § 47 (4b) and § 57 (6), (7) and (8), respectively, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 117/2005 with 1 July 2007. Authorisations pursuant to Section 30a (8) of producers or their authorised representatives may already be made as from 1 March 2007.
Regulations on the basis of this Federal Act may already be issued from the day following its customer's presentation. However, they may not enter into force at the earliest with the entry into force of this federal law. "

104. Section 136 (3) reads as follows:

"(3) The Federal Minister of Justice shall be entrusted with the enforcement of Section 106 (2), (3), (7) and (8)."

Article 2

(Amendment of the 3. Power-Law-Novel)

The Federal Act of 7 July 1976, which amended the Power Act 1967 (3). The use of safety belts, BGBl, and civil law provisions on the use of seatbelts are taken. No 352/1976, as last amended by the Federal Law BGBl. I No 175/2004, shall be amended as follows:

Article III and Article V (2) shall be deleted at the end of 31 December 2005.

Article 3

(Amendment of the 4. Power-Law-Novel)

The Federal Act of 30 November 1977, which amended the 1967 Power Act (4). Federal Law on the Use of Assault Helmets (BGBl) and civil law provisions on the use of storm helmets. N ° 615/1977, as last amended by the Federal Law BGBl. I No 60/2003, shall be amended as follows:

Article IV and Article VII (3) shall expire at the end of 31 December 2005.

Fischer

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