15. Federal Law, with which the driving licence law (7. The European Road Traffic Regulations and the Road Traffic Regulations are amended

The National Council has decided:

Article I

(7. Driving license amendment)

The Federal Act on driving licences (driving licence code-FSG), BGBl. I No 120/1997, idF BGBl. I n ° 129/2002, shall be amended as follows:

1. In the table of contents, after the 5. Section the phrase

" 6. Section: Pre-merksystem-measures against risk-buying

§ 30a System of precepts

§ 30b Special measures "

inserted and the designations " 6. Section "," 7. Section "," 8. Section " and " 9. Section "shall be given the designation" 7. Section "," 8. Section "," 9. Section " and " 10. Section ".

2. In Section 1 (6) (2) and (3), the word order shall be deleted "2 and" .

3. In § 2 para. 1 Z 6 the previous lit. e and f as lit. f and g and as new lit. e will be before the phrase " in each case at a design speed of not more than 50 km/h, and " inserted:

" e)			transport carts, "

4. In accordance with § 4c (2), fifth sentence, the following sentence shall be inserted:

' The authority may, on request, depart from the withdrawal of the steering authority for a reasonable period of time if the person concerned proves, in particular, reasons which are worthy of consideration, indicating that within the time limit laid down, the person concerned shall be entitled to: or the missing part (s) could not be completed. "

5. In Section 7 (2), the word order shall be deleted "and punished" .

6. § 7 (3) and (4) are:

" (3) As a certain fact in the meaning of paragraph 1, it is particularly necessary to apply if someone:

1.		A motor vehicle has been steered or put into service and has been committed under § 99 (1) to (1b) of the StVO 1960, even if the act is in accordance with § 83 Security Police Act-SPG, BGBl. No 566/1991;
2.		in the case of the steering of a motor vehicle in a condition affected by alcohol or addictive means also an offence of a criminal act falling within the jurisdiction of the courts has been carried out and that act therefore on the basis of section 99 (6) lit. c StVO 1960 is not to be punished as an administrative transgressing;
3.		in the case of the driver of a motor vehicle, by transgressing traffic regulations, a behaviour which is suitable in itself to bring about particularly dangerous conditions or with particular recklessness against those for the steering of a motor vehicle. In particular, significant exceedances of the maximum permissible speed in front of schools shall be deemed to have been in breach of the traffic regulations governing the motor vehicle; kindergartens and comparable facilities, as well as on protection grounds or Cycling crossings, the transfer of overtaking prohibitions in the case of particularly poor visibility or by far insufficient visibility, the non-compliance with the chronological safety distance when driving in succession, provided that the time limit is the safety distance has fallen below 0.2 seconds and the crossing with technical measuring instruments has been detected, or driving against the direction of travel on motorways;
4.		the maximum permitted speed in the local area has exceeded more than 40 km/h or outside the local area by more than 50 km/h, and that excess has been detected by means of a technical aid;
5.		it has failed to immediately stop or provide the necessary assistance after a road accident caused by the steering of a motor vehicle, in which a person has been injured;
6.		steering a motor vehicle;
a)			in spite of the right of driving or driving a driving licence or despite the fact that the driving licence has been withdrawn provisionally, or
b)			repeats without appropriate steering authority for the class concerned;
7.		Has repeatedly committed a criminal offence in a state of intoxication which is excluded (§ 287 StGB and § 83 SPG), without prejudice to Z 1;
8.		has committed a criminal offence against sexual integrity and self-determination in accordance with § § 201 to 207 or 217 StGB;
9.		a criminal offence against limb and life in accordance with § § 75, 76, 84 to 87 StGB or repeatedly in accordance with § 83 StGB (German Criminal Code);
10.		a criminal act in accordance with § § 102 (extorted kidnapping), 131 (robbery theft), 142 and 143 (robbery and heavy robbery) StGB committed;
11.		a criminal act in accordance with § § 28 (2) to (5) or 31 (2) of the Suchtmittelgesetz-SMG, BGBl. I n ° 112/1997;
12.		has failed to comply with medical check-ups as the driver of a motor vehicle;
13.		has repeatedly failed to comply with other requirements as a driver of a motor vehicle;
14.		in the event of a offence pursuant to Section 30a (2), the offence is punishable by law and two or more entries to be taken into consideration (Section 30a (4)) have already been pre-prosecuted, or
15.		in the case of a offence pursuant to Section 30a (2), it is punishable by law, even though a special measure pursuant to Section 30b (1) has already been ordered before it has already been ordered on the basis of a delict to be taken into consideration.

(4) For the purposes of the valuation of the facts referred to in paragraph 1 above and in paragraph 3, for example, their reprehensibility, the dangerousness of the conditions under which they were committed, the time elapsed since then and the conduct during the same period are In the case of the facts referred to in paragraph 3 (3) (14) and (15), the time and behaviour which has elapsed since then shall not be taken into account during that period. "

7. § 7 (6) and (7) are:

" (6) In order to assess whether a criminal offence has been committed in accordance with paragraph 3 (3) (6) (b), (7), 9 last case, or 13, acts of the same nature previously committed shall be used even if they have already been committed to the justification of the In the absence of traffic reliability, the last act has been taken for more than ten years. The condition of the medical check-ups referred to in paragraph 3 (12) shall be deemed not to have been complied with if the findings or the medical opinion are not submitted within one week of the expiry of the time limit laid down by the Authority.

(7) Where a breach has been committed against the conditions laid down in paragraph 3 (12), the authority in which the offence has been committed shall forthwith inform the main residence authority of that circumstance. '

8. In Section 10 (2), the title shall be referred to as "D + E" the designation " , F " inserted.

9. In § 16 para. 2 Z 4 at the end of the lit. h Replace the line point with a dash and the following lit. i is added:

" (i)			Pre-notes and the arrangement of special measures pursuant to § § 30a and 30b; "

10. In § 16 para. 2 Z 5 at the end of the lit. e replaces the stroke point with a dash and the following lit. f is added:

" f)			Punishments for offences in accordance with § 30a (2); "

11. § 16 para. 2 Z 8 lit. c is deleted.

12. In § 16 (7) (2), the word order shall be "The legal force of the decision" replaced by the phrase "Entry or last modification of the respective record".

13. § 16 (8) reads:

" (8) Register data as referred to in paragraph 2 shall be deleted logically according to the following criteria:

1.		data on the issued driving licences and all the data relating to the proceedings after notification of the owner's life, but no later than 100 years after the first granting of a steering authority;
2.		Data according to paragraph 2 Z 4 lit. (a) and (b) five years after notification of the decision on the arrangement of retraining or prolongation of the probaal period;
3.		Data according to paragraph 2 Z 4 lit. (c) to (e) and (2) (5), with the repayment of the penalty on which the proceedings are based, or five years after the date of delivery of the confisceration or decision, which has been prohibited; however, it shall not be deleted if the the procedure for the withdrawal of a steering authority or the opposition of a ban on driving for a period of more than 18 months;
4.		data referred to in paragraph 2 (2) (6) one year after the end of the activity as a companion, but no later than five years after the date of application;
5.		Data according to paragraph 2 Z 4 lit. i and paragraph 2 z 5 lit. f with the repayment of the penalty.
At the latest with the end of the calendar year in which the logical deletion took place, the register data must also be deleted physically. If all data relating to a person has been deleted in accordance with paragraph 2 (2) (2) (2) to (6), the person record (s) in question shall also be 2 Z 1). "

14. § 22 (1) reads:

" (1) The military personnel office as the authority of the first instance may grant the right to control army vehicles and issue an army licence or an army moped card, which are to be designated as such. The Federal Minister for National Defence decides on appeals against decisions of the military personnel office. No stamp fees are to be paid for obtaining an army licence or a military moped card. "

15. In § 22 (2) the word order shall be " § 2 Wehrgesetz 1990, BGBl. No. 305 " replaced by the phrase " § 2 Wehrgesetz 2001, BGBl. I No 146 " .

16. § 22 (3) to (5) are:

" (3) Prior to the issue of the right to be granted the right to call (para. 1) has the authority to check whether the conditions for granting a steering authority pursuant to § § 6 to 8 are met, as well as an expert opinion of one or more experts according to § 52 AVG 1991 on the professional competence according to § 10 . In so far as this is necessary on the basis of the medical opinion or because of the class of the steering authority issued in accordance with the requirements of road safety, the right to be guided is subject to the corresponding restrictions, deadlines or To issue requirements and under the appropriate application of § § 8 and 9. Derogations which are necessary on the basis of the specific nature of certain army vehicles shall be permitted. The registration of the restrictions, limits or conditions shall be effected with the numerical codes mentioned in § 2 of the Act implementing the Act of the German Driving Licences Act. In addition to these numerical codes, however, it is permissible for the Austrian Federal territory to enter into force three-digit code numbers, which are to be used exclusively for the special features of army vehicles. An army steering authority for class D may also be granted to persons who are responsible for the 20. Have completed their life year.

(4) If there are reasonable doubts as to whether the conditions for the granting of the right to be granted the right to be granted are still fulfilled, the Office of the Military Office as the authority of the first instance shall immediately apply the provisions of Sections 24 to 26 and 29 of this Regulation. To initiate and, where appropriate, withdraw or restrict the right to withdraw or restrict the right of the control of the army. The Federal Minister for National Defence decides on appeals against decisions of the military personnel office.

(5) The provisions of § 39 concerning the provisional acceptance of the driving licence and the provisions of § 17 (2) and (3) relating to the central driving licence register shall also apply to army steering licences. The Federal Minister for National Defense is authorized to entrust particularly trained military bodies with the provisional acceptance of army licences or military moped expats. "

17. According to Article 22 (7), the following paragraph 7a is inserted:

" (7a) An army steering authority shall be issued:

1.		after the expiry of a period of withdrawal of more than 18 months;
2.		through time-lapse;
3.		by the death of the righthold. "

18. § 24 para. 3 second sentence reads:

" The Authority shall, without prejudice to the provisions of Section 3a, order re-training:

1.		if the withdrawal takes place during the trial period (§ 4),
2.		in the event of a second transgressing referred to in Article 7 (3) (4), within two years, or
3.		because of a transgressing in accordance with § 99 (1) or (1a) of the StVO 1960. "

19. § 25 (3) reads:

" (3) In the case of a withdrawal due to a lack of transport reliability (§ 7), a withdrawal period of at least 3 months shall be determined. If, at the time when the person who is entitled to the steering authority for lack of traffic reliability is to be withdrawn at the time of the withdrawal in the system of precepts (§ 30a) Delicte, for each of the offences already registered at the time of withdrawal, The withdrawal period shall be extended by two weeks, with the exception of deformations due to § 7 (3) (14) and (15) of the German Law of Withdrawal. "

20. § 26 reads:

" § 26. (1) When steering or commissioning a motor vehicle, a transfer is made for the first time in accordance with the invention. Article 99 (1b) of the StVO 1960, if it is not a handlebar of a Class C or D motor vehicle and no other of the transgressions referred to in § 7 (3) Z 1 and 2 has been committed previously, is the steering authority for the duration of the of a month.

However,

1.		is also one of the transgressions referred to in § 7 (3) (3) (3) to (6), or
2.		the handlebars have caused a traffic accident in the course of the commission of this transgressing;
The withdrawal period shall be at least three months. Section 25 (3) of the second sentence must be applied in all cases in a reasonable way.

(2) If the steering or commissioning of a motor vehicle is carried out, a transfer is carried out according to the invention. Section 99 (1) of the StVO 1960 is to be taken away from the steering authority for a period of at least four months; Section 25 (3) of the second sentence is to be applied in a reasonable manner.

(3) In the case of the first-time commission of a transgression referred to in § 7 (3) Z 4-if the transgression was not suitable to bring about particularly dangerous conditions or not with particular recklessness to others. In the case of a street user (Section 7 (3) (3) (3)) or a surrender pursuant to para. 1 or 2, the withdrawal period has two weeks, during the second commission of such transgressing within two years from the first observance of six Weeks.

(4) A withdrawal in accordance with paragraph 3 may not be issued until the criminal proceedings in the first instance have been completed by a criminal notice. The Authority shall not order any accompanying measures, unless the transfer was carried out by a test-driving licence holder, on initial depositions in accordance with paragraph 3 of this Article.

(5) A surrender in accordance with paragraph 1 shall be deemed to be the first time if a previously committed transgressive of the same species is eradicated at the time of the commission of the new transgressive. "

21. According to § 30, the following § § 30a and 30b are inserted:

" 6. Section

Pre-merksystem-measures against risk-buying

Pre-System

§ 30a. (1) Where a vehicle driver has committed one of the offences referred to in paragraph 2, a prior notice in the local authority shall be independent of any administrative penalty imposed, any withdrawal of the steering authority or any other measures arranged. Register of licence registers. The advance notice shall be entered even if the offence referred to in paragraph 2 of this article actuates the offence of a criminal offence which falls within the jurisdiction of the courts. The legal force of the judicial or administrative criminal proceedings shall be await for the purposes of registration. The registration of the notice shall be carried out by the authority leading the administrative criminal procedure, in the case of a court conviction, by the authority of the main residence and shall be valid from the date of the offence. The handlebar shall be informed of the registration and the consequences which may result from it, by means of an indication in the first instance criminal notice.

(2) The following offences are to be noted in accordance with paragraph 1:

1.		Transgressions of Section 14 (8);
2.		Transgressions of Section 20 (5);
3.		Transgressions of Section 21 (3);
4.		Transgressions of Section 9 (2) or § 38 (4), third sentence, StVO, if pedestrians who use the protective routes in accordance with the regulations are at risk;
5.		Transgressions of Section 18 (1) of the StVO, provided that the transgressions with technical measuring instruments have been established and the time safety distance has been 0.2 seconds or more but less than 0.4 seconds;
6.		Transgressions of § 19 para. 7 i.V.m. 4 StVO, if the violation of the primacy is the failure to comply with a sign in accordance with the provisions of the Rules of Procedure. § 52 lit. c Z 24 StVO is to be used as a result of which the handlebars of other vehicles are to be used for unmediated braking or for distracting their vehicles;
7.		Transgressions of Section 38 (5) of the StVO, if this is the result of handlebars of vehicles, for which they are in accordance Section 38 (4) of the StVO on the basis of green light "free travel" applies to unmediated braking or to the distracting of their vehicles;
8.		Transgressions of § 46 para. 4 lit. d StVO, using multi-track motor vehicles, if it is associated with a hindrance to emergency vehicles, road-service vehicles, roadside inspection or breakdown service;
9.		Transgressions of § 52 lit. a Z 7e StVO in tunnel systems;
10.		The Federal Minister of Transport, Innovation and Technology Regulation transgresses restrictions on transport units with dangerous goods when driving on motorway tunnels, BGBl. II No 395/2001;
11.		Transgressions of § 16 para. 2 lit. e and f and § 19 (1), first sentence of the railway crossing ordinance 1961, Federal Law Gazette (BGBl). No 2/1961 idF BGBl. No 123/1988;
12.		Transgressions of § 102 (1) KFG 1967, if a vehicle is steered, its technical condition or its not correspondingly secured loading constitutes a danger to road safety, provided that the technical defects or the not have to be noticed by the handlebar prior to the journey;
13.		Transgressions of § 106 (1a) and (1b) of the KFG 1967.

(3) Where two or more of the offences referred to in paragraph 2 are committed in the event of a crime, the registration in the Local Guide Register shall be counted as a preseer.

(4) The legal consequences referred to in Section 7 (3) (14) or (15), § 25 (3), second sentence, or § 30b, shall only occur if the offences which trigger the respective legal consequences have been committed within two years. If a withdrawal has been issued in accordance with Article 7 (3) (2) (14) or (15), the previous notes on which this withdrawal is based shall no longer be taken into consideration in the future. If the deprivation of the steering authority was pronounced on the grounds of one of the specific facts referred to in Article 7 (3), then registered notes shall be registered on the basis of offences committed before the date of the withdrawal of the steering authority. have not been taken into account in respect of the legal consequences of Section 25 (3), second sentence, § 30b or with regard to the other period of deeducation.

(5) If it becomes apparent that a preliminary remark pursuant to paragraph 1 was wrongly, this registration shall be deleted immediately.

Special measures

§ 30b. (1) Without prejudice to any withdrawal of the steering authority, a special measure shall be arranged in accordance with paragraph 3:

1.		if two or more of the offences referred to in section 30a (2) are committed in the case of the offence (section 30a (3)), or
2.		on the occasion of a second notice to be taken into consideration (Section 30a (4)) on account of one of the offences referred to in § 30a (2), provided that a measure according to Z 1 has not already been ordered because of the first offence.

(2) However, from the arrangement of a particular measure, it is necessary to refrain from:

1.		the conditions set out in Article 7 (3) Z 14 or 15 are fulfilled, or
2.		a retraining pursuant to section 4 (3) is ordered, or
3.		an accompanying measure in accordance with section 24 (3).

(3) Special measures shall be taken to participate in

1.		Retraining in accordance with the Ordinance of the Federal Minister of Transport, Innovation and Technology on Traffic Psychology Retraining (Nachschulungsverordnung-FSG-NV), BGBl. II No 357/2002,
2.		Perfection trips according to § 13a of the Ordinance of the Federal Minister of Science and Transport on the implementation of the Act on driving licences (Guide Act-Implementing Regulation-FSG-DV), Federal Law Gazette (BGBl). II No. 320 idF BGBl. II No 223/2004,
3.		the driving safety training according to § 13b of the regulation of the Federal Minister of Science and Transport on the implementation of the Driving Lication Act (driving licence law-Implementing Regulation-FSG-DV), BGBl. II No. 320 idF BGBl. II No 223/2004,
4.		lectures or seminars on appropriate cargo security measures, or
5.		Instructions in life-saving emergency measures according to § 6 of the Ordinance of the Federal Minister of Science and Transport on the implementation of the Driving Lication Act (driving licence law-Implementing Regulation-FSG-DV), BGBl. II No. 320 idF BGBl. II No 223/2004
shall be considered. The measure to be completed shall be determined by the Authority, taking into account the fact that the measure is capable of essentially dealing with the unlegal content of the offences set out in the measure. It is appropriate to choose the measure which is best suited for the person concerned to deal with his misconduct, to be aware of the dangers of road transport and to raise awareness, including with regard to the Necessity of an accident-avoidance defensive driving style and the driving physical limits during the operation of a motor vehicle, to avoid a relapse into further traffic violations.

(4) The person concerned by the arrangement of the special measure shall submit to the Authority a confirmation of the institution in which the particular measure has been taken, on the participation and its cooperation.

(5) If the arrangement of participation in special measures pursuant to paragraph 1 has not been complied with within the time limit set by the Authority or if these measures fail to cooperate, then the steering authority shall be granted until the order has been complied with .

(6) The Federal Minister for Transport, Innovation and Technology has set out the more detailed provisions by means of a Regulation on:

1.		the content and time-scale of the measures referred to in paragraph 3;
2.		the persons and entities authorised to carry out such measures,
3.		the assignment of the offences referred to in Article 30a (2) to the appropriate measure and
4.		the cost of the measure. "

22. § 31 (2) is deleted and paragraph 3 reads:

" (3) From the completion of the 15. Under the conditions laid down in paragraph 1, the driving school or the association of motor vehicle owners authorised to issue the Moped expat has to issue the Moped pass if:

1.		the applicant shall provide for the completion of a practical training under the guidance of a particularly appropriate instructor in accordance with § 4a (6), first sentence or of a driving instructor for category A, to the extent of six units of instruction,
2.		sufficient vehicle control has been demonstrated to the instructor or driving instructor; and
3.		a declaration of consent of the legal guardians.
The driving school is entitled to carry out the practical training outside of a completed practice site on roads with public transport. "

23. In Section 36 (2) (2) (2), the phrase is deleted "according to § § 8 and 28" .

24. In § 36 (2) the following sentences are added at the end:

" With the exception of the appropriations referred to in Z 1 and 2, notifications relating to other locations of the individual authorized bodies shall be excluded. The suitability of the sites shall be reviewed by the Governor of the State on request. This review shall be subject to the payment of a fee to be paid to the Governor of the State. The Federal Minister of Transport, Innovation and Technology has decreed that the amount of this cost replacement should be fixed. The Landeshauptmann has published the changes at these locations on a quarterly basis to the Federal Ministry of Transport, Innovation and Technology. "

25. According to Article 37 (2), the following paragraph 2a is inserted:

"(2a) A fine of at least 20 euros shall be imposed on the steering of a motor vehicle contrary to the provision of section 14 (1) and (4)."

26. In Section 37 (6), the phrase "§ § 14 (1), (3) and (4)" replaced by the phrase "§ § 14 (3)" .

27. In § 43, the following paragraph 14 is added:

" (14) The table of contents, § 7 para. 3, 4, 6 and 7, § 16 para. 2 Z 4 lit. i, Z 5 lit. f, paragraph 8 Z 5 and para. 9 second half sentence, § 24 para. 3, § 25 para. 3, § 26, § 30a and § 30b, in the version of the Federal Law BGBl. I No 15/2005 will enter into force on 1 July 2005. Punishments due to offences committed before 1 July 2005 but which become final after 1 July 2005 shall not be taken into account in the framework of the system of preferences. "

28. In § 44 (3), the word order shall be "§ 22 (1) to (4)" through the phrase "§ 22 (1) to (4) and (8)" replaced.

Article II

(Amendment of the Road Traffic Regulations)

The federal law, which rules on road police (highway code 1960-StVO 1960), Federal Law Gazette (BGBl). No. 159/1960, as last amended by the Federal Law BGBl. I n ° 94/2004, is amended as follows:

1. § 99 (2c) reads:

" (2c) An administrative surrender is to be punished with a fine of 72 euros to 2 180 euros, in the case of their incriminality with Arrest from 24 hours to six weeks, to punish who as the driver of a vehicle

1.		Pedestrians who use protective routes in accordance with the rules are at risk,
2.		Cyclists who use bicycle crossings in accordance with the regulations are at risk,
3.		Pedestrians who use protective routes in accordance with the regulations or cyclists who use the bicycle crossings in accordance with the regulations, are disabled,
4.		shall not comply with the necessary safety distance to the nearest vehicle in front of the vehicle in accordance with Article 18 (1), provided that the time safety distance is 0.2 seconds or more, but less than 0.4 seconds,
5.		in the event of non-compliance with the "Halt" sign in violation of section 19 (7) of the Treaty,
6.		in the case of red light, do not stop and, as a result, require handlebars of vehicles for which "free travel" applies in accordance with section 38 (4) of the green light, to unmediated braking or to deflect their vehicles,
7.		prohibitions on the highway on the motorway with a multi-lane motor vehicle, if it is associated with a hindrance to emergency vehicles, road service vehicles, roadside inspection or breakdown service,
8.		prohibitions on the highway on the motorway with a single-lane motor vehicle, if it is associated with a hindrance to emergency vehicles, road service vehicles, road safety or breakdown service,
9.		the maximum permitted speed in the local area exceeds by more than 40 km/h or outside the local area by more than 50 km/h. "

Section 100 (5) reads as follows:

"(5) In the case of an administrative surrender pursuant to § 99 (1), 1a, 1b, 2, 2a, or 2c, the provisions of § § 21 (2) and (50) of the VStG shall not apply."

Fischer

Bowl