175. Federal Law, with which the Kraftfahrgesetz 1967 (25. KFG-novelle), the 3. Amendment of the Law on the Law of the Labour Force and the Labour Law and the Labour Law

The National Council has decided:

Article 1

25. KFG-Novelle

The Kraftfahrgesetz 1967, BGBl. No. 267, as last amended by the Federal Law BGBl. I No 107/2004, shall be amended as follows:

1. § 2 para. 1 Z 45 reads:

" 45.		inseparable cargo a charge which, for the purpose of transport on the road, cannot be divided into two or more individual charges without disproportionately high costs or damage risks and which, due to its dimensions or masses, is not a vehicle which in all respects complies with the provisions of this Federal Law, can be carried; as indivisible also
a)			Ballast weights and accessories belonging to an indivisible load, provided that this does not exceed 10% of the weight of the indivisible charge,
b)			the ballast weight of cranes; "

2. § 6 (6) reads:

" (6) Motor vehicles of categories M3 and N3 with a design speed exceeding 25 km/h, and articulated vehicles derived from such vehicles, special-purpose vehicles and self-proponent working machinery must be provided in addition to those referred to in paragraph 1 above. Braking systems shall be equipped with a device capable of reducing the speed of the vehicle without the use of the operating, auxiliary or parking braking systems, but not until the vehicle is at a standstill (the Verlangsa-meranlage). "

2a. In § 20 (7), § 31 (2), § 56 (1a), § 57 (2), § 57 (4), § 58 (2b), the title of section 131, section 131 (1) and 131 (2), the term of the word shall be: "Bundesprüfanstalt für Motor" through the phrase "Bundesanstalt für Verkehr" replaced.

3. § 24 (2a) and (2b) are:

" (2a) Paragraph 2 shall not apply where the vehicle is fitted with a recording equipment within the meaning of Regulation (EEC) No 3821/85. Pursuant to Article 3 (2) of the Regulation on agricultural and forestry tractors, the application of this Regulation shall be exempt from the provisions of the Regulation.

(2b) In Austria, the Federal Minister for Transport, Innovation and Innovation shall decide on applications for EC component type-approval in respect of a recording equipment-or a record sheet-or a control card pattern referred to in Article 4 et seq. of Regulation (EEC) No 3821/85. Technology. "

4. § 24 (4) reads:

The owner of a motor vehicle which has to be equipped with a tachograph shall have the tachograph and its driving means (tachograph) after each installation and repair of this installation and after each modification the rotational speed or the effective tyre circumference of the motor vehicle, otherwise at least once within two years since the last test, by an expert appointed pursuant to § 125, by the Federal Office for Transport or by a immediately, according to paragraph 5, to have the power of installation, condition, Measurement accuracy and mode of operation of the tachograph system give the right effect of the tachograph. This obligation shall also apply to the authorisation holder of a motor vehicle equipped with a recording equipment within the meaning of Regulation (EEC) No 3821/85 (Annex I, Chapter VI, and Annex I B, Chapter VI, of Regulation (EEC) No 3821/85). When exchanging or repairing a digital control device, all data of the recording equipment shall be stored by a person authorised in accordance with paragraph 5 and shall be kept for at least two years. The stored data shall be made available at the request of the marketing authorisation holder or the employer of the driver whose data are stored and may not be passed on to third parties without an administrative order. Proof of the result of the last carried out check of the tachograph/control device must be provided in the case of a review (§ 56) or assessment (§ 57a) of the vehicle. Section 57 (9) and section 57a (1b) shall apply mutafictily. "

Section 24 (7) reads as follows:

Without prejudice to Regulation (EEC) No 3821/85, the provisions of para. 4 to 6 shall apply as regards the installation, control and verification of the control device. Allocated authorisations for the installation and testing of tachographs shall also apply to the installation and testing of analogue control equipment. Authorisations for the installation and testing of analogue control equipment shall also apply to the installation and testing of digital control equipment within the meaning of Regulation (EEC) No 3821/85, provided that the authorized body is appropriate for the digital control of the digital control equipment. The control unit has trained personnel and the necessary equipment for testing the digital control device and the existence of these conditions has been established by the Governor of the State on request. The Federal Minister for Transport, Innovation and Technology has to inform the Federal Minister for Transport, Innovation and Technology of such findings without delay by submitting a copy of the date of the decision. "

6. According to Article 24 (7), the following paragraphs 8 to 10 are added:

" (8) The workshop cards required for the installation and testing of the digital control device shall be provided by the authorized bodies for the appropriate persons with the Federal Minister for Transport, Innovation and Technology, following the To apply for a notice of arrest of the Governor of the State in accordance with paragraph 7. In this procedure, the Federal Minister for Transport, Innovation and Technology has provided the personal data provided for in recital 175 of Annex I B to Regulation (EEC) No 3821/85 with support for the automation of personal data and has been provided with a secure basis for the Route data connection to the central register for control device cards (§ 102b). The Federal Minister of Transport, Innovation and Technology is responsible for the payment of a fee for the exhibition of the workshop card. If the conditions are met, the Federal Minister of Transport, Innovation and Technology shall, by means of the Bundesrechenzentrum GmbH, issue the contract for the exhibition of the workshop card. The written entries required to obtain the workshop card and the exhibition of the workshop card are exempt from stamp fees and administrative charges. The Federal Minister of Transport, Innovation and Technology has to determine the amount of the cost replacement by means of a regulation. At the request of the competent authority of the Federal Minister for Transport, Innovation and Technology, workshop cards shall also be issued for the appropriate persons in the national inspection bodies and in the Federal Office for Transport. The Federal Minister of Transport, Innovation and Technology has to inform the respective competent regional governor about the exhibition of workshop cards immediately.

(9) The workshop card shall not be misused by the appropriate persons. The authorized person shall ensure that the workshop card is not used in an abusive way or by any other than the holder of the workshop card. The authorized person and the holder of the workshop card shall ensure that the PIN code of the workshop card is kept secret with the necessary care. The workshop card shall be kept safe within the premises and may only be carried out outside the premises for the proper use. The theft or loss of the workshop card or the announcement of the PIN code must be reported immediately to the Federal Minister of Transport, Innovation and Technology and the State Governor. The Federal Minister for Transport, Innovation and Technology has immediately sent this fact to the central register for control card cards. Upon becoming aware of the PIN code, the empowered immediately to deliver the workshop card to the Federal Minister of Transport, Innovation and Technology without any claim for compensation, and to immediately notify the State Governor of this fact.

(10) If the exhibition of the workshop card is carried out without the conditions for the exhibition being fulfilled, one of the prerequisites has subsequently fallen away or the authority has been revoked by the Landeshauptmann (paragraph 1). 5), the workshop card shall be immediately withdrawn by the Landeshauptmann without any claim to compensation for the holder and shall be sent to the Federal Minister for Transport, Innovation and Technology. If the appropriate person on whose behalf the card is issued, from the authorized body, the workshop card from the authorized person shall immediately be the Federal Minister for Transport, Innovation and Technology without entitlement to compensation. on the market. In the event of changes to the exhibition of the workshop card of relevant data printed or stored on the workshop card, the workshop card from the authorised person shall immediately be the Federal Minister for Transport, Innovation and Technology without Claim for compensation. The Federal Minister for Transport, Innovation and Technology has to register with the authorized body in the central register for control device cards, which conditions are not available or no longer exist and whether the workshop card is already in place delivered. Prior to the transmission to the Federal Minister of Transport, Innovation and Technology, all data stored on the workshop card shall be secured on an external data carrier, kept for at least two years and, if necessary, the competent authority of the competent authority. to provide authorities. "

7. § 24a para. 2 lit. c is:

" (c)		Motor vehicles intended exclusively or primarily for the use of fire brigade, and motor vehicles, in accordance with Section 20 (1) (lit). (d) or § 20 (5) headlamps and warning lamps may be fitted with a blue light, "

7a. In § 57a (1a) the word order is deleted "or the Federal Test for Motor Vehicles" .

8. In § 62 (1) the expression " Multilateral guarantee agreement between the National Insurance Offices of 15 March 1991 (Official Journal of the European Communities No. L 177, page 27) " by the expression " Agreement between the National Insurance Offices of the Member States of the European Economic Area and other Associated States of 30 May 2002, OJ L 327, 30.4.2002, p. No. OJ L 192, 31 July 2003, p. 23, replaced.

9. In § 62 (2), the word order is deleted twice "at the customs office" .

10. In § 62 (3), the expression " Multilateral guarantee agreement between the National Insurance Offices of 15 March 1991 (OJ L 327, 30.4.1991, p. No. OJ L 177, 5 July 1991, p. 27) by the expression "Agreement referred to in paragraph 1" replaced.

11. In § 62 (8) the word order is deleted "the customs office" .

12. In accordance with § 99 (1), the following paragraph 1a is inserted:

"(1a) Without prejudice to the provisions of paragraphs 3 and 4 on the use of the distance light and (5) on the use of the fog light, dipped-beam shall always be used when driving a tunnel."

Section 102 (1) reads as follows:

" (1) The motor vehicle driver shall not take a motor vehicle into operation until it has convinced himself, where this is reasonable, that the motor vehicle to be steered by the motor vehicle and a trailer to be drawn with the motor vehicle and the loading thereof in this case are in the form of a vehicle. The following provisions shall be considered; however, the verification of the effectiveness of the devices for the release of acoustic warning signs may only be carried out unless a prohibition is imposed in accordance with § 43 (2) lit. a StVO 1960. In the case of lorries, coaches or trailers, professional drivers shall immediately notify the owner of the authorisation if the vehicle does not comply with those provisions. Handlebars of lorries and semi-trailer trucks weighing more than 3 500 kg or of buses shall ensure that the distance meter and the tachograph are in operation on journeys and that the tachograph shall be used in the tachograph suitable, properly filled sheet of display; it may be used per person and per day of use within the meaning of Section 16 of the German Working Time Act (Arbeitszeitgesetz, BGBl). No 461/1969, only one sheet shall be inserted in the tachograph to which the name of the handlebar is to be entered; the sheets of the current week and, in any case, the record for the last day of the previous week in which he was driven, , the handlebars shall, at the request of the institutions of the public safety service or the supervision of the road, have the record of the tachograph or the recording equipment referred to in Regulation (EEC) No 3821/85 and the control equipment referred to in Handing out the leaflets. This is to be confirmed by the handlebar. If the vehicle is equipped with a digital control unit, the provisions of § 102a shall apply. "

14. In § 102 paragraph 5 lit. If the word sequence is deleted "or proof of a given exception" .

15. § 102 (11a) reads:

" (11a) The bodies of the Civil Security Service and the supervision of the road shall comply with the provisions of Regulation (EEC) No 3820/85 as regards the minimum age and the driving and rest periods (Articles 5 et seq.) and of the European Convention on the Work of Personnel Employed in International Road Transport (AETR), BGBl. No 518/1975, in the version BGBl. No 203/1993. In order to ensure that the maximum permissible driving time or the prescribed rest period is exceeded, records of the records of the tachograph or of the recording equipment, as well as records or printouts from the the driver card or the digital control device are used. The institutions of the Labour Inspectorate shall, where possible, assist the bodies of the Public Security Service and the supervision of the road in the event of joint inspections. '

16. § 102 (11c) and (11d) are:

' (11c) Where the institutions of the Civil Security Service or the supervision of the road are subject to the transfer by a handlebar of the provisions relating to the minimum age, the driving times and rest periods, the display of the display or the driver's card, which is in a service relationship (independent handlebars), they shall be notified of the locally competent work inspectorate. The agreement shall specify the name of the driver, the vehicle's mark, the time and place of the commission, and the name of the employer.

(11d) On journeys for which the European Convention on the Work of Driving Personals engaged in International Road Transport (AETR), BGBl. No 518/1975, in the version BGBl. No 203/1993, the minimum age as well as the driving and rest periods shall be determined in accordance with Regulation (EEC) No 3820/85. '

17. § 102 (12) lit. i to k are:

" (i)			Section 102 (1), third sentence, if the required leaflets are not carried out, are not properly filled out or are handed out, or § 102a (3) to (8),
j)			Regulation (EEC) No 3821/85 as regards the rules relating to the use of the display or driver card (Art. 13 ff),
k)			Regulation (EEC) No 3820/85 as regards the provisions relating to the minimum age, the permissible driving time, the interruption to be laid down and the observance of the rest period required (Art. 5 to 9). "

18. § 102 (13) deleted.

19. According to § 102, the following § § 102a, 102b, 102c and 102d are inserted together with the headings:

" driver card

§ 102a. (1) Any person with a principal place of residence in the territory of the Federal Republic of Germany who is the holder of a steering authority entitled to the steering of a motor vehicle falling within the scope of Regulation (EEC) No 3820/85 may, in accordance with section 102d, be entitled to the driver card (1) apply for this authorisation. The application may also be made during a withdrawal of the steering authority. An application, except in the case of replacement or renewal of the card, shall not, however, be made if the person concerned is already the holder of a driver card. The application shall be accompanied by the relevant, claims-based documents. For the exhibition of the driver card a cost replacement is to be paid. The written entries required to obtain the driver card and the issuing of the driver card are exempt from stamp fees and administrative charges. Persons without a main residence in the federal territory, but in a non-EU/EEA state can apply for the issuing of a driver card under the above-mentioned conditions if they can prove a lawful employment relationship in Austria.

(2) On the basis of an application as referred to in paragraph 1, the body authorized in accordance with § 102d (1) shall record the personal data provided for in recital 175 of Annex I B to Regulation (EEC) No 3821/85 and shall have the support of the automation system and shall be subject to the following conditions: to pass on a secure data link to the central register for control device cards (§ 102b). The authorized body shall verify that all the conditions for issuing the driver card are met, in particular whether a driver card has not already been issued for the person concerned and whether the data are correct in the application. To this end, a request has been made to the central register of recording equipment cards and to the information system set up by the European Commission for the purpose of such information exchange, in which the national registers of individual Member States shall be made available. The institution authorised in accordance with § 102d (1) shall be entitled, for the purpose of examining an application and for the purpose of data collection, to the data stored in the central driving licence register with regard to driving licence number, surname, first name, Date of birth, place of birth and sex with regard to the applicant as well as data stored in the Central Register of Reporting concerning the principal residence of the applicant, and to use this data for the purposes of the card exhibition. If all the conditions for issuing the driver card are met and the cost of the card has been paid, the institution authorised pursuant to § 102d para. 1 shall have the order to issue the driver card by way of the Bundesrechenzentrum GmbH. . If the application for the issue of a driver card is not fully accepted, section 102d (7) shall apply.

(3) The data of the application for the issue of a driver card shall also be forwarded to the central register of recording equipment cards if the application for the issue of a driver card is not fully accepted, or if it is withdrawn from the register. . In this case, in addition, the reasons for this should be recorded in key words and shall be transmitted to the central register of control cards. If the condition of the last sentence of paragraph 1 (lawful employment relationship) falls away after the driver card has been issued, these persons may no longer use their driver card and must immediately apply them to a person in accordance with § 102d (1) (1) (1) (1) authority authorised to do so. The authorized body shall be notified in the register accordingly and shall send the card to the Federal Minister for Transport, Innovation and Technology. If the driver card is issued without the conditions for the application being met, a condition other than the condition mentioned in the third sentence is subsequently omitted, the driver card shall be abusive by another person in the case of which it has been issued, or if it is not returned contrary to the obligation in the third sentence, the driver card shall be without delay from the authority or from the public authorities at its disposal. Security service or supervision of the road without being entitled to compensation and to deliver the Federal Minister of Transport, Innovation and Technology. In this case, the Federal Minister for Transport, Innovation and Technology shall register with the person concerned in the central register for control card cards, which conditions are not or no longer exist and whether the driver card is already delivered.

(4) Handlebars of motor vehicles equipped with a digital recording equipment within the meaning of Regulation (EEC) No 3821/85 shall, in the operation of the control device, comply with the operating instructions of the control device. They shall ensure that the recording equipment is in operation and that its driver card is used in the recording equipment. The handlebars shall, at the request of the institutions of the Civil Security Service or the supervision of the road, have the expression, the driver card and the leaflets of the current week provided for in Regulation (EEC) No 3821/85, and the Watch sheet for the last day of the previous week on which they were driven, if at that time they have steered a vehicle equipped with an analogue control device. This is to be confirmed by the handlebar.

(5) If the driver card is damaged, has malfunctions or is not in the possession of the handlebar, the driver has

1.		at the beginning of his journey, the information on the vehicle he is using to be printed and on that expression:
a)			to enter the information on which he/she can be identified (name, driver card number or driving licence) and to sign it, and
b)			to enter the periods referred to in the second indent of Article 15 (3) (b), (b), (c) and (d) of Regulation (EEC) No 3821/85;
2.		at the end of its journey, the information referred to in Article 16 (2) of Regulation (EEC) No 3821/85.

(6) If the handlebar is not in the vehicle and is unable to actuate the device installed in the vehicle, the periods referred to in Article 15 (3) of Regulation (EEC) No 3821/85 must be taken before the vehicle is re-activated.

1.		by hand, by automatic recording or by other means, legible and without avoidable contamination of the sheet, if the vehicle is equipped with an analogue control device, or
2.		by means of the manual input device of the control device on the driver's card when the vehicle is equipped with a digital control device.

(7) For control purposes, the handlebar shall carry the driver card which has become invalid as a result of the time lapse at least seven days after the expiry of the validity as well as the sheets required in the vehicle.

(8) Before starting the journey with vehicles registered in Austria, the handlebars shall enter the handlebars ' activities manually in accordance with Regulation (EEC) No 3821/85, Annex I B, Chapter III, point 6.2., manually. The handlebars must carry sufficiently suitable paper to express the corresponding data.

(9) By Regulation of the Federal Minister of Transport, Innovation and Technology, the more detailed provisions concerning the application, in particular with regard to the documents required for the verification of the accuracy of the information, shall apply to the application a simplified procedure for the renewal or replacement of the card if all the necessary data are already available in the central register of control card cards, the use of a form or the proof of the legal the employment relationship and the level of the cost of the To determine the exhibition of the driver card.

Central register for control device cards

§ 102b. (1) The Federal Minister for Transport, Innovation and Technology has a central register for control equipment cards within the meaning of Section IV of the Federal Republic of Germany (Bundesrechenzentrum GmbH) via the control device cards issued at the Bundesrechenzentrum GmbH (Bundesrechenzentrum GmbH). Annex I B to Regulation (EEC) No 3821/85. In the register, the workshop cards, driver cards, company cards and control cards issued domestily are recorded. The register shall be kept for the storage of data necessary to identify which cards have been issued to a workshop (Section 24 (8)), a handlebar, a company or a control body (§ 123a) and which cards are to be drawn up; abhanden (due to loss or theft) or damaged (by physical damage or malfunction). In addition, it must also be recorded in this register which control device cards have been delivered to the Federal Minister of Transport, Innovation and Technology for what reasons and for what reasons the application for the issuing of a control device card could not be granted or why the application was withdrawn.

(2) The facilities authorised pursuant to § 102d (1) and the Federal Minister for Transport, Innovation and Technology shall have the data required for the exhibition of workshop cards, driver cards, company cards and control cards online via a to transmit a secure data link to the Bundesrechenzentrum GmbH.

(3) To be entered in the map register:

1.		via workshop cards:
a)			The holder of the authorization pursuant to § 24 KFG 1967,
b)			The family name, first name and date of birth of the person on which the card was issued,
c)			Plombing character number,
d)			Workshop card number,
e)			the date of commencement and the expiry of the validity of the workshop card,
f)			the issuing body,
g)			until the expiry of its validity, the workshop card numbers of the stolen, lost, returned, withdrawn or defective workshop cards,
h)			the reason for the withdrawal of the workshop card or the refusal or withdrawal of the application for the issuing of a workshop card (in keywords);
2.		on driver cards:
a)			Family name, First name, other information necessary for unambiguous identification, such as date of birth, place of birth and gender, and any specific area-specific identity marks in accordance with § 9 E-GovG,
b)			driver card number,
c)			the date of commencement and the expiry of the validity of the driver's card;
d)			the issuing body,
e)			Licence number, domestic issuing authority, issuing State,
f)			until the expiry of their validity, the driver card numbers of the stolen, lost, returned, withdrawn or defective driver cards,
g)			the reason for the withdrawal of the driver's card or the refusal or withdrawal of the application for the issuing of a driver card (in keywords);
3.		company cards:
a)			the name of the company and the address,
b)			Enterprise Card Number,
c)			the date of commencement and the expiry of the validity of the enterprise card;
d)			the issuing body,
e)			until the expiration of their validity, the corporate card numbers of the stolen, lost, returned, withdrawn or defective company cards,
f)			the reason for the withdrawal of the company card or the refusal or withdrawal of the application for the issuing of a corporate card (in keywords);
4.		via control cards:
a)			the name of the authority and the address,
b)			control card number,
c)			the date of commencement and the expiry of the validity of the control card;
d)			the numbers of the stolen, lost, returned and defective control cards.

(4) The bodies authorised pursuant to § 102d (1) and the Federal Minister for Transport, Innovation and Technology may access and use the relevant data.

(5) All documents relating to the card holder shall be destroyed five years after notification of the death of the card, but no later than 60 years after the first card has been issued, and the deletion of the relevant data in the central register shall be for: To arrange for control card cards.

(6) Information from the register shall be provided by means of remote data processing:

1.		the institutions of the Federal Government, the Länder and the municipalities, insofar as they need them for the performance of their legal tasks, and
2.		the competent authorities of other States, provided that such an obligation arises from this Federal Law, from Community law directly applicable or other intergovernmental agreements.

(7) The bodies authorized pursuant to Section 102d (1) and the Federal Minister for Transport, Innovation and Technology are empowered to provide automatic support for the personal data required for the issuance of the control device cards. process. By regulation of the Federal Minister of Transport, Innovation and Technology, the more detailed provisions regarding the storage of the procedural data can be determined.

certificate authority

§ 102c. The Bundesrechenzentrum GmbH takes over the tasks of the Austrian certification body in accordance with Regulation (EEC) No 3821/85, Annex I B, Appendix 11 Z 3.

Issuing of recording equipment cards by authorized bodies

§ 102d. (1 ) At the request of the Federal Minister for Transport, Innovation and Technology, the Federal Minister for Transport, Innovation and Technology shall be authorised to authorise applications which meet the requirements referred to in paragraph 2 to receive applications for the issuers of a driver card or a company card. and to examine the necessary data and to forward it to the central register of recording equipment cards, to collect the costs and, if the conditions are met, to issue the production contract for the issuing of the cards.

(2) An authorisation pursuant to paragraph 1 shall be granted on request if the applicant:

1.		is already active in the transport sector,
2.		having experience of the examination and issuing of documents on the road transport sector,
3.		have a sufficient level of trustworthy, specially trained staff,
4.		have the necessary equipment and data lines,
5.		has a network of branches nationwide, and
6.		ensure the permanent performance of these tasks.
A charge of 500 Euros shall be paid for the authorization. The authorized body shall immediately notify the Federal Minister of Transport, Innovation and Technology of any changes in its staff, offices and facilities, insofar as they were prerequisites for the granting of the authorization. technology.

(3) The authorized body shall ensure that the staff employed

1.		the delegated tasks are properly concerned,
2.		the applications are processed without any unnecessary delay; and
3.		a secrecy comparable to one of the secrecy of the person is maintained over all the facts known solely as a result of the errands of the tasks entrusted.

(4) The Federal Minister for Transport, Innovation and Technology has to check regularly and can check at any time whether the conditions for granting the authorisation are still in place, whether the obligations laid down in paragraph 3 are complied with and whether the display of the tachograph cards will be carried out properly. The Federal Minister of Transport, Innovation and Technology can make arrangements to remedy shortcomings. These arrangements shall be in conformity without delay. If the tasks are not properly concerned or are in breach of the obligations laid down in paragraph 3, the Federal Minister of Transport, Innovation and Technology may also order the exclusion of certain persons from that activity, or, if: In a branch office after an unsuccessful order to remedy defects, serious defects are repeatedly identified, which prohibit the further implementation of these activities in this office.

(5) The authorization shall be revoked if the conditions prescribed for the authorisation are no longer fulfilled or if there are repeated serious deficiencies in the performance of the duties and the measures provided for in paragraph 4 are unsuccessful. have stayed.

(6) The empowerment may be completed by the authorized body. The deferment shall take effect after three months from the date on which the notice of the Federal Minister for Transport, Innovation and Technology shall be informed, unless the date of reconsideration is indicated for a later date or the subsequent entry of a condition shall be bound.

(7) If an application for an exhibition of a driver card or a company card is not fully accepted, the person empowered in accordance with paragraph 1 shall abstain from any further activity and shall submit the application together with the supplements to the Federal Minister for Transport, innovation and technology. If the examination shows that the application is accepted, the Federal Minister for Transport, Innovation and Technology shall issue the contract for the issue of the driver card or the company card. If the examination shows that the application cannot be granted, the Federal Minister for Transport, Innovation and Technology has to agree on the application.

(8) The Federal Minister of Transport, Innovation and Technology may, by means of a regulation, carry out certain non-regulatory tasks relating to the administrative operation of the digital recording equipment, such as, in particular, the receipt of applications, Data collection, withdrawal of the cards issued and entry in the register, information departments, distribution of the costs of the Federal Office for Transport as operator of the system of the digital control device to be responsible for its own responsibility Transfer.

(9) The cost of the issuing of the driver cards and the business cards which have been raised in accordance with paragraph 1 shall be collected every three months, less the proportion to which the person authorised pursuant to paragraph 1 shall be granted, the Federal Minister for Transport, Innovation and Technology to transfer. According to the key defined by the Federal Minister of Transport, Innovation and Technology by Regulation, the rates of cost are to be determined by the individual, the card personaliser, the Bundesrechenzentrum GmbH and the Bundesanstalt, according to paragraph 1 of this Regulation. for transport. "

Article 103 (4) reads as follows:

" (4) The authorisation holder of a lorry or semi-trailer with a net weight of more than 3 500 kg or an omnibus shall ensure that the tachograph and the distance meter are ready for use. The owners of lorries or semi-trailer vehicles with a net weight of more than 3 500 kg or of buses shall ensure that the names of the handlebars, the day and the starting point or the course numbers of the vehicles are carried out before the journey. When travelling as well as at the beginning and at the end of the journeys of the position of the distance meter in a corresponding manner, are entered in the display sheets of the tachograph. They shall keep the record sheets for two years from the date of the last registration, and shall submit them to the Authority for inspection at the request of the latter. In the case of vehicles equipped with a digital control device, the owner of the vehicle has to convince himself that the handlebars are in possession of a driver card. In order to ensure the proper use of the digital control device, the owner of the authorisation has to instruct the handlebar in the prescribed handling, the handlebar the operating instructions of the digital control device and sufficient to make suitable paper available to the printer. The data transmitted or printed by the recording equipment as well as by the driver cards shall be kept for two years after their recording, in order of guidance and date, and shall be made available at the request of the authority. "

21. According to § 103a, the following § 103b, together with headline, is inserted:

" Corporate Card

§ 103b. (1) Any undertaking which uses domestic vehicles covered by Regulation (EEC) No 3820/85 may apply for a company card with a body authorised to do so pursuant to Section 102d (1) thereof. If a company requests a number of company cards, it must be made credible in the application for the reasons why it is needed. The application shall be accompanied by the documents required. For the exhibition of the corporate card a cost replacement is to be paid. The written entries required to obtain the company card and the issuance of the company card are exempt from stamp fees and administrative charges. Whereas persons whose vehicles with a domestic licence do not fall within the scope of Regulation (EEC) No 3820/85 but are equipped with a digital recording equipment may submit applications for the issuing of company cards; if they give credibility to the requirement of ownership of business cards.

(2) On the basis of the application referred to in paragraph 1, the body authorized in accordance with § 102d (1) shall record the personal data provided for in recital 175 of Annex I B to Regulation (EEC) No 3821/85, and shall have the assistance provided by the automation system and shall be subject to the following conditions: to pass on a secure data link to the central register for control device cards (§ 102b). The institution authorised pursuant to § 102d (1) shall verify that all the conditions for issuing the company card are met and whether the data are correct in the application. This has to be done by means of a request to the register of control device cards. If all the conditions for issuing the company card are fulfilled and the cost of the card has been paid, the institution authorised pursuant to § 102d (1) shall have the contract to issue the To grant a company card. If the application for an exhibition of a corporate card is not fully accepted, section 102d (7) shall apply.

(3) The data of the application shall also be forwarded to the central register of recording equipment cards if the application for the issuing of a company card is not fully accepted, or if the application is withdrawn. In this case, in addition, the reasons for this should be recorded in key words and shall be transmitted to the central register of control cards. If the company card is issued without the requirements for the application being available or if one of the conditions has subsequently been omitted, the company card shall be immediately or immediately received by the authority or by the authority of the Available public security service or road safety bodies without entitlement to compensation and to deliver to the Federal Minister of Transport, Innovation and Technology. In this case, the Federal Minister for Transport, Innovation and Technology has to register with the company concerned in the central register for control card cards, which conditions are not available or no longer exist and whether the company card is has already been delivered. The loss or theft of the company card shall be reported to the Federal Minister of Transport, Innovation and Technology immediately, including the card number, by the holder of the card. The Federal Minister for Transport, Innovation and Technology has immediately sent this fact to the central register for control card cards.

(4) The owner of the company card shall refrain from acts which do not correspond to the proper use of the card. It shall also take the appropriate steps to ensure that employees refrain from acts which do not correspond to the proper use of the card. Unauthorized locking of the data of the control device is not allowed.

(5) By regulation of the Federal Minister of Transport, Innovation and Technology, the more detailed provisions concerning the application, the required documents, the use of a form and the amount of the cost of the To determine the exhibition of the corporate card. "

22. § 114 (4a) reads:

" (4a) In accordance with Article 13 (1) (1). (j) Regulation (EEC) No 3820/85 does not apply the provisions of Regulation (EEC) No 3820/85 on school trips with school vehicles (Section 112 (3)). Similarly, pursuant to Article 2 of Regulation (EEC) No 3821/85, school vehicles are excluded from the application of Regulation (EEC) No 3821/85. However, the installation of a control device is necessary. "

23. In accordance with § 123, the following § 123a together with the heading is inserted:

" Control Card

§ 123a. (1) Each competent authority in accordance with paragraph 2 may order control cards to the Federal Minister for Transport, Innovation and Technology. On the basis of the order, the Federal Minister for Transport, Innovation and Technology shall collect the personal data provided for in recital 175 of Annex I B to Regulation (EEC) No 3821/85 and support it by way of a to pass on a secure data link to the central register for control device cards (§ 102b). The name of the control body within the meaning of point 175 of Annex I B to Regulation (EEC) No 3821/85 shall be indicated on the card and in the central register of recording equipment cards by the organisational unit within the competent authority to which it is responsible. Control card is assigned. The Federal Minister of Transport, Innovation and Technology has to examine whether all the conditions for issuing the control card are met. If the conditions are met, the Federal Minister for Transport, Innovation and Technology has to issue the order to issue the control card by means of the Bundesrechenzentrum GmbH. The Federal Minister of Transport, Innovation and Technology is responsible for the payment of a cost replacement for the exhibition of the control card. The amount of the cost replacement is to be determined by regulation of the Federal Minister of Transport, Innovation and Technology.

(2) Permanent posts within the meaning of paragraph 1 are:

1.		the Federal Minister of the Interior for the bodies of the Public Security Service,
2.		the Federal Minister of Finance for the institutions of the financial administration,
3.		the Federal Minister for Transport, Innovation and Technology for the bodies of the Transport Labour Inspectorate and the Federal Agency for Transport,
4.		the Federal Minister for Economic Affairs and Labour for the organs of the Labour Inspectorate,
5.		the Governor of the State for the experts referred to in § 125 and for other bodies of the supervision of the roads and the institutions of the Community Safety Authority, provided that such checks are carried out on driving times and rest periods,
6.		the main association of social insurance institutions for the institutions of the health insurance institutions.

(3) In the event of a loss or theft of a control card, this must be reported to the Federal Minister of Transport, Innovation and Technology without delay by the inspection body, stating the card number. The Federal Minister of Transport, Innovation and Technology has immediately forwarded this matter to the central register for control equipment cards.

(24) The following paragraphs 19 and 20 are added to § 132:

" (19) § 6 para. 6 in the version of the Federal Law BGBl. No. 175/2004 does not apply to self-proponent working machines derived from motor vehicles of category N3, which are in force before the entry into force of section 6 (6) in the version of the Federal Law BGBl. I No 175/2004 have already been approved.

(20) Vehicles falling within the scope of Regulation (EEC) No 3820/85 may, for the first time, be admitted to transport

1.		after 4 August 2005 only if they are fitted with a digital control device within the meaning of Regulation (EEC) No 3821/85,
2.		until 4 August 2005, if they are equipped with an analogue recording equipment or a digital control device within the meaning of that Regulation;
3.		before 5 May 2005, if they are equipped with an analogue control device within the meaning of that Regulation. "

Section 134 (1) first sentence reads as follows:

" Any person who is contrary to this Federal Act, the regulations, regulations or other orders adopted pursuant to this Federal Act, Articles 5 to 9 of Regulation (EEC) No 3820/85 and Regulation (EEC) No 3821/85 shall be subject to the following: Administrative surrender and shall be punishable by a fine of up to € 2 180, in the case of their incrimination with imprisonment of up to six weeks. "

Section 134 (1a) of the first sentence reads as follows:

" The transgressions of Articles 5 to 9 of Regulation (EEC) No 3820/85 and of Regulation (EEC) No 3821/85 shall be punishable as administrative transgressions even if the transfer is not within the territory of the country but on a journey within the territory of the Member State concerned. The scope of these provisions has been committed (Art. 2 of Regulation (EEC) No 3820/85. '

27. § 134 (3) second sentence reads:

"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."

Section 134 (3a) reads as follows:

" (3a) Records of the tachographs of the tachograph or recording equipment or printouts as well as records of the digital recording equipment may also be recorded for the purpose of determining the exceeding of a maximum speed fixed in accordance with the provisions of this Regulation. shall be used. The place of suspension of the record sheet in the tachograph or in the recording equipment shall be valid in accordance with § 102 (1), third sentence, fourth half-sentence or the handing out of the expression according to § 102a or the control of the records of the digital control device as a place of committing the transgressing, if:

1.		the transgressing with the tachograph or with the recording equipment has been established; and
2.		the record, or the expression or record of the digital recording equipment, shows that it was not committed earlier than two hours before it was suspended or controlled; whereas several such Transgressions are committed, they are to be punished as a transgressions. § 2 para. 1 VStG shall remain unaffected. "

29. In Section 134 (3c), the amount " 21 Euro " replaced by the amount " 25 Euro "

30. The previous text of § 134a receives the sales designation "(1)" . As new paragraph 2 and paragraph 3 are added:

' (2) Where reference is made in this Federal Act to Regulation (EEC) No 3820/85, this is a reference to Regulation (EEC) No 3820/85 on the harmonisation of certain social legislation relating to road transport, OJ L 327, 31.12.1985, p. No. OJ No L 370, 31 December 1985, p. 1.

(3) Where reference is made in this Federal Act to Regulation (EEC) No 3821/85, this is a reference to Regulation (EEC) No 3821/85 on recording equipment in road transport, OJ L 327, 31.12.1985, p. No. OJ L 370 of 31 December 1985, S 8, as last amended by Regulation (EC) No 432/2004, OJ L 327, 30.12.2004, p. No. OJ L 71 of 10 March 2004, p. 3.

31. The following paragraph 15 is added to § 135:

" (15) § 102 (1), § 102 (11a), § 102 (11c) and (11d), § 102 (12) (lit). i to k, § 102a, § 103 (4), § 103b, § 114 para. 4a, and § 123a in the version of the Federal Law BGBl. I No 175/2004 will enter into force on 5 May 2005. 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. Applications for an exhibition of a driver card or a company card may be submitted as of 5 February 2005. However, the exhibition of these cards will not take place until 5 May 2005. "

32. § 136 (5) and (6) are:

' (5) The Federal Minister for Transport, Innovation and Technology is responsible for the enforcement of Regulation (EEC) No 3821/85.

(6) With the enforcement of Articles 2, 4, 5 to 9 and 11 to 13, and 16 and 17 of Regulation (EEC) No 3820/85, the Federal Minister for Transport, Innovation and Technology is responsible. "

Article 2

Change of 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 BGBl. I No 80/2002 is amended as follows:

In Article III (5), the amount shall be: "21 Euro" replaced by the amount "35 Euro" .

Article 3

Amendment of the Working Time Act

The Labor Time Act, BGBl. No. 461/1969, as last amended by the Federal Law BGBl. I n ° 159/2004, shall be amended as follows:

Section 4 shall be replaced by the following heading:

"Special provisions for handlebars of motor vehicles"

Section 13, together with the headline, reads:

" General rules

§ 13. (1) For the employment of drivers of motor vehicles, the provisions of Sections 2 to 3a shall apply with the deviations referred to in § § 14 to 17b.

(2) Where reference is made in this Federal Act to Regulation (EEC) No 3820/85, this is a reference to Regulation (EEC) No 3820/85 on the harmonisation of certain social legislation relating to road transport, OJ L 327, 31.12.1985, p. No. OJ L 370, 31.12.1985 p. 1.

(3) Where reference is made in this Federal Act to Regulation (EEC) No 3821/85, this is a reference to Regulation (EEC) No 3821/85 on recording equipment in road transport, OJ L 327, 31.12.1985, p. No. OJ L 370, 31.12.1985, p. 8, as amended by Regulation (EC) No 432/2004, OJ L 327, 30.12.2004, p. No. OJ L 71 of 10.03.2004 p. 3.

(4) An analogue control device within the meaning of this Federal Law is a control device within the meaning of Annex I to Regulation (EEC) No 3821/85, a digital control device within the meaning of this Federal Law is a control device as defined in Annex I B to the Regulation (EEC) No 3821/85.

(5) Repeating a provision of this section Provisions of Regulation (EEC) No 3820/85 or approximating by collective agreement shall not determine the relevant provisions of this section within the scope of this Regulation. "

§ 15d is together with the headline:

" Derogations

§ 15d. If it is compatible with road safety, the handlebar can, in order to reach a suitable stopping place, deviate from § § 14 to 15b as well as a regulation pursuant to § 15e, insofar as this is necessary in order to ensure the safety of passengers, of the vehicle or its cargo. The nature and reason of the deviation shall be noted

1.		on the record sheet, if the vehicle is equipped with an analogue recording equipment,
2.		on the expression of the recording equipment when the vehicle is equipped with a digital control unit,
3.		in the working timetable in the cases referred to in Article 14 (1) of Regulation (EEC) No 3820/85,
4.		in the work-time drawings in the other cases. "

4. In § 17 (2), the words "one year" by the expression "24 months" replaced.

5. § 17 (5) and (6) reads as follows:

" (5) The provisions of paragraphs 1 to 4 shall not apply if the motor vehicle is equipped with an analogue or digital control device.

(6) If a motor vehicle exempted from Regulation (EEC) No 3821/85 is equipped with an analogue or digital recording equipment, the use of the recording equipment, the record sheets or the driver card shall be subject to the following conditions: The provisions of Articles 13 to 16 of Regulation (EEC) No 3821/85 and Article 17a thereof.

6. According to § 17, the following § § 17a and 17b are inserted:

" Digital Control Unit

§ 17a. (1) In order to ensure the proper use of the digital control device and the driver card, the employer shall have sufficient and verifiable proof in the handling of the handlebar or the sufficient instruction in the working time to be able to be used. in a verifiable way, as well as to take all other necessary measures, in particular to provide a user manual as well as enough suitable paper for the printer. The employer shall also ensure that the handlebars all fulfil their obligations with regard to the digital control device.

1.		the Force Act 1967, BGBl. No. 267, in particular with regard to manual input according to § 102a KFG,
2.		Regulation (EEC) No 3821/85, in particular with regard to the carrying-out obligations referred to in Article 15 (7) thereof,
.

(2) If a vehicle is equipped with a digital control device, the employer shall ensure that all relevant data from the digital control device and from the driver's card are electronically downloaded electronically, and are transferred to an external data carrier and backup copies are immediately created by all transmitted data, which are to be stored on a separate data carrier. The data downloaded must be provided with an electronic signature in accordance with Annex I B to Regulation (EC) No 3821/85. If the driver card or the digital control device is damaged or if it has malfunctions, the employer shall take all reasonable measures to obtain the data in electronic form. If this is not possible, it shall at least make an expression of the recording equipment.

(3) The download, transfer and backup of the data shall be effected:

1.		in the case of the data from the digital control unit:
a)			no later than three months after the last download,
b)			in the case of an exchange of the authorisation holder immediately prior to the registration of the vehicle in accordance with § 43 KFG,
c)			in the case of a cancellation of the registration of the vehicle pursuant to Section 44 of the KFG, immediately after having become aware of it,
d)			immediately prior to leaving the vehicle,
e)			immediately prior to an exchange of the recording equipment,
f)			in the event of a defect of a driver's card, as soon as it becomes aware of it;
2.		in the case of the data from the driver's driver card:
a)			no later than 28 days,
b)			immediately before the start and end of an employment relationship,
c)			immediately before the expiry of the validity of the driver's card.

(4) The employer shall ensure that the complete, orderly, content-related and authentic reproduction of the data referred to in paragraph 2 is guaranteed at all times. He shall provide the Labour Inspectorate with such data at its expense in electronic form and including those resources necessary to make the data legible. On request, an expression of this data shall also be made.

Obligation to record and retain

§ 17b. The employer shall keep records of all hours worked by the handlebars and shall keep all the handlebars records for at least 24 months, the time limit being set in the case of a breakdown of the working time with the end of the period of time. Through-billing period begins. These records shall be made available to the Labour Inspectorate in an uninterrupted and orderly manner according to the handlebars and the date. In addition to all the downloaded, transmitted and secured data within the meaning of § 17a (2), the handlebars shall also be used as the handlebar records of the recording equipment, record sheets, working schedules, travel books and all other data. Work-time drawings. "

7. § 28 (1b) reads:

" (1b) Employers and their Plenipotentiaries, who

1.		the obligations laid down in the second sentence of Section 15d of this Federal Law or in accordance with Article 12, second sentence, or Article 15 of Regulation (EEC) No 3820/85;
2.		the obligations relating to the analogue recording equipment and the record sheet referred to in Article 3 (1), Art. 13, Article 14, Article 15 (1) to (3), (5), (5a), (7) or (8) or Article 16 of Regulation (EEC) No 3821/85;
3.		the obligations relating to the digital recording equipment and its expression in accordance with Annex I B and the obligations relating to the driver card pursuant to Article 3 (1), Art. 13, Article 14, Article 15 (1) to (3), (5), (5a), (7) or (8) or Article 16 of Regulation (EEC) No 3821/85;
4.		Violate the obligations relating to the digital recording equipment in accordance with § 17a;
5.		Violate the recording and retention requirements in accordance with Section 17b,
if the act is not subject to a stricter penalty under other provisions, to punish the district administrative authority with a fine of EUR 218 to EUR 2 180, in the event of a repetition of 360 euros to EUR 3 600. "

8. § 28 (3) reads:

" (3) In the case of road traffic as an injured administrative provision, either a provision of this federal law or the corresponding provision of Regulation (EEC) No 3820/85 is in question, by way of derogation from § 44a Z 2 of the Administrative Criminal Law 1991. (VStG), BGBl. No 52, as an indication of the last administrative provision, the indication of the corresponding bid or prohibition of Regulation (EEC) No 3820/85. '

9. In accordance with § 33 (1q), the following paragraph 1r is inserted:

" (1r) § § 13, 15d, 17 para. 2, 5 and 6, 17a, 17b and 28 (1b) and (3) in the version of the Federal Law BGBl. I No 175/2004 shall enter into force on 5 May 2005. '

Article 4

Amendment of the Labour Code Act

The Labour Rare Act, BGBl. No 144/1983, as last amended by the Federal Law BGBl. I n ° 159/2004 is amended as follows:

Section 22c together with the title shall be:

" Derogations

§ 22c. If it is compatible with road safety, the handlebar, in order to reach a suitable stopping place, may derogate from this section, to the extent necessary to ensure the safety of the passengers, the vehicle or its cargo. . The nature and reason of the deviation shall be noted

1.		on the display sheet, if the vehicle is equipped with an analogue recording equipment as defined in Annex I to Regulation (EEC) No 3821/85 on recording equipment in road transport, OJ L 327, 31.12.1985, p. No. OJ L 370, 31.12.1985, p. 8, as amended by Regulation (EC) No 432/2004, OJ L 327, 30.12.2004, p. No. OJ L 71, 10.03.2004, p.
2.		on the expression of the recording equipment if the vehicle is equipped with a digital recording equipment as defined in Annex I B to Regulation (EEC) No 3821/85, as amended by Regulation (EC) No 432/2004,
3.		in the working timetable in the cases referred to in Article 14 (1) of Regulation (EEC) No 3820/85,
4.		in the work-time drawings in the other cases. "

2. In accordance with § 33 (1j) the following paragraph 1k is inserted:

" (1k) § 22c in the version of the Federal Law BGBl. I n ° 175/2004 shall enter into force on 5 May 2005. '

Fischer

Bowl