Rs 741.57 Order Of 14 April 2010 On The Road (Orar) Registry

Original Language Title: RS 741.57 Ordonnance du 14 avril 2010 sur le registre des accidents de la route (ORAR)

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741.57 order on the register of the road accidents (ORAR) of April 14, 2010 (State 1 January 2013) the Swiss federal Council, view the art. 106, al. 1, of the Federal Act of 19 December 1958 on road traffic, view of art. 79, al. 1, of the Federal Act of 20 March 1981 on accident insurance, view the art. 5, al. 1 and 7, al. 1, of the Act of 9 October 1992 on Federal statistics, view the art. 7, al. 2, 16, al. 2, and 36, al. 1, of the Federal law of June 19, 1992, on the protection of data, stop: Section 1 provisions general art. 1 purpose this order regulates the creation and operation of a centralized and automated of road accidents registry; It is subdivided into: a. a sous-registre for the seizure of the road (entry registry) injuries; b. a sous-registre for the analysis of the road (register of analysis).

Art. 2 purpose of the register of the registry entry road accidents is used to: a. record and classify data collected by the police during road accidents; b. corroborate the information available to the competent authorities when executing criminal proceedings against drivers involved in road traffic accidents; c. feed the registry analysis.

The register of analysis is used to: a. identify, analyze and remove blackheads and the dangerous road network places; b. study causes accidents, by examining in particular the role played by human, vehicle and infrastructure; c. establish a road accident statistics; d. develop measures aimed at improving road safety, carry out them and control; e. analyze the consequences and costs of accidents taking into account in particular the nature and the seriousness of the injuries of those involved in an accident.

Introduced by section I of O nov 30. in force since Jan. 1, 2012. 2013 (2012 7153 RO).

Art. 3 authorities and skills input register is managed by the federal Office for roads (ASTRA), in collaboration with the cantons and the center of damage of the federal Department of defence, protection of the population and sports (DDPS damage Center).
The analysis registry is managed by FEDRO.
FEDRO is responsible for granting, modification and withdrawal of authorizations of access to records of entry and analysis.
The federal Office of Informatics and telecommunication shall: a. to the technical operation and maintenance the maintenance of the register of the road accidents; b. the technical implementation and the management of the access rights c. technical cross-checking with other registers data; d. comply with the standards of security and data protection.

New content according to section I of the October 12 O. 2011, in force since Jan. 1. 2012 (2011 4945 RO).

Art. 4 correction of the data the authority which enters data in the register entry check that they are correct and complete. When data are incomplete or erroneous, it complements them, rectifies them or destroys them.
FEDRO ensures that the data contained in the register of analysis are complete and plausible. When data are incomplete or erroneous, it complements them, rectifies them or destroys them.

Art. 5 communication of data to a third the FEDRO puts at the disposal of the federal Office of statistics and the Swiss accident prevention Bureau data they need to carry out the tasks entrusted to them by the law; beforehand, he makes this anonymous data and concluded service agreements and conventions on the protection of the data.
FEDRO can put at the disposal of the authorities, organizations and interested individuals for their own analyses data; beforehand, he makes this anonymous data and concluded service agreements and conventions on the protection of the data. It can also provide those interested in the permissions to access the data in the register of analysis for these same purposes.
Anonymised data from the year are available to third parties only after their publication in the Swiss road accidents statistics.
The communication of data for statistical or research purposes is governed by the relevant provisions of the Federal law of June 19, 1992, on the protection of data, the order of 14 June 1993 on the Federal law on the protection of data, of the Act of 9 October 1992 on Federal statistics and the order of June 30, 1993 concerning the execution of the Federal statistics.

SR 235.11 SR 431.012.1 art. 6 technical and organisational measures services with access to the registry of the road accidents take technical measures and organizational measures to protect their data against loss, against any treatment or unauthorized access and theft. FEDRO ensures that the data provided under art. 5, al. 2, do not allow to deduce the identity of the persons involved in the accident.
To ensure data security, services with access to the registry of the road accidents are required to observe the provisions of the Ordinance on 14 June 1993 to the Federal law on the protection of data and of the section devoted to computer security of the order of 26 September 2003 on information technology in the Federal Government.
During the processing of the data, any changes must be recorded automatically in a newspaper with the name of the user and the time of the change.
FEDRO shall draw up regulations governing the processing of the data; It sets including the structure, organization and operation of the registry of the road accidents.

SR 235.11 [RO 2003 3687, 2007 3401 art. 22 par. 2, 2010 635 annex c. 2, 2011] 4491 RO 2011 6093 art. 29 al. 1]. see currently O Dec. 9. 2011 on computing in the Federal Government (SR 172.010.58).

Art. 7 of the ASTRA road accident statistics establishes each semester a standard of the road accident statistics. He puts it, in collaboration with the federal Office of statistics, available to the competent cantonal authorities before opening it to the public in an appropriate form.

Section 2 input register art. 8 content the following data can be part of the registry for entry: a. information about the people involved in an accident, covering: 1. identity, 2 license, 3. the presence of alcohol, drugs or medication, 4. bodily injury;

b. data related to the vehicles involved in the accident, covering: 1. the type of vehicle, 2. identification, 3. the serial number, 4. the holder;

c. data on the place of the accident, covering: 1 location, 2. the type of road, 3. the condition of the road, 4. the regulation of traffic, 5. the weather conditions;

d. data regarding the type of accident and its causes; e. sketch of the accident f. minutes of hearing; g. reports of denunciation.

Art. 9 competent cantonal police bodies data entry enter the data referred to in art. 8, let. a to d, for all the road accidents subject to a finding of police; they do this directly in the registry entry or announce the data through a directory of transfer.
For all the road accidents recorded by the military police, damage of the DDPS Centre registered the following data directly in the registry entry: a. the data referred to in art. 8, let. a to d; (b) the personal identification number (PIN) of the registry permissions to drive (FABER) involved in the accident who were driving a vehicle; etc. the number of vehicles involved in the accident.

FEDRO sets with what indications and characteristics the data referred to in art. 8, let. a to d must be entered or announced.
Police bodies at the cantonal level and the damage of the DDPS Centre seize or announce the data as and measure, but at least: a. on 20 August of the current year for the first half of data; b. 20 February of the following year for the data in the second half.

After Feb. 20, data on accidents in the previous year cannot be rectified or supplemented in consultation with FEDRO.

New content according to section I of the October 12 O. 2011, in force since Jan. 1. 2012 (2011 4945 RO).
Introduced by section I of O from 12 oct. 2011, in force since Jan. 1. 2012 (2011 4945 RO).
New content according to section I of the October 12 O. 2011, in force since Jan. 1. 2012 (2011 4945 RO).

Art. 10 other data recovery records art. 5, art. 4, let. a, of the order of August 23, 2000, on the register of the permissions of drive regulates the recovery of data from FABER.
Art. 7, al. 2, let. a, of the order of 3 September 2003 on the MOFIS Register governs the recovery of data in the register of vehicles and holders of vehicle (MOFIS).

RS 741.53 new content according to section I of the October 12 O. 2011, in force since Jan. 1. 2012 (2011 4945 RO).
RS 741.56 art. 11 transfer of data in the register of analysis the data referred to in art. 8, let. a to e, are transferred from the register of entry in the register of analysis in an anonymous form or with pseudonyms.
Nicknames are the following:

a. for personal data, the personal identification number used in FABER; (b) for the data of the vehicle, the number number.

Data about individuals involved in an accident who were not at the wheel of a motor vehicle cannot be transferred in the registry of analysis in an anonymous form.

Art. 12 permission to access those responsible for the seizure of the road accidents under cantonal legislation on the police have access to the following data to the registry entry: a. data entered by their care; b. data on accidents that occurred on the territory of their canton.

The damage of the DDPS Centre has access to the following data to the registry entry: a. data entered by his care; b. the data entered by the cantonal police bodies relating to accidents that occurred in the area under the jurisdiction of the center of damage of the DDPS.

FEDRO has access only to the registry entry for the tasks provided for in art. 3, al. 1 and 3. It means the person authorized to access the registry for this purpose and his Deputy.
The federal Office of Informatics and telecommunication has access only to the registry entry for the tasks provided for in art. 3, al. 4. introduced by section I of the October 12 O. 2011, in force since Jan. 1. 2012 (2011 4945 RO).

Art. 13 information and rectification law everyone has the right to request information about the data concerning it with the authority to seize under art. 9. the competent authority communicates for free, subject to cantonal procedural law, the entirety of the data concerned within 30 days of the receipt of the request; in principle, it transmits them in writing.
Any person may request that incorrect data concerning be rectified or removed from the registry entry.

Art. 14 destruction and archiving of data the data contained in the registry entry are destroyed ten years at the latest after the accident.
FEDRO offers Federal Archives the data that are no longer useful and must be destroyed.

Section 3 analysis register art. 15 content analysis the register contains the following information: a. the data of persons and vehicles involved in an accident referred to in art. 8, let. a and b, in an anonymous form or with pseudonyms; (b) data on the location, type and the causes of the accident referred to in art. 8, let. c and d; c. the sketch of accident integrated into the register of seizure referred to in art. 8, let. e. recovery of data in the register of seizure is governed by art. 11. the personal identification number used in FABER and the number are invisible during the processing of the data in the registry analysis.

Art. 16 access authorization the FEDRO has access to the registry analysis.
The damage of the DDPS Centre has access to the following data from the registry of analysis: a. data by his care in the input register; b. data on accidents that occurred in the area under its jurisdiction.

The townships have access to the following data from the registry of analysis: a. data in the registry entry by their own authorities; (b) data relating to accidents that occurred on the territory of their canton.

The federal Office of Informatics and telecommunication has access only to the registry analysis to accomplish the tasks provided for in art. 3, al. 4 third parties require a FEDRO authorisation, granted to the conditions of the art. 5, to access the registry analysis.

Introduced by section I of O from 12 oct. 2011, in force since Jan. 1. 2012 (2011 4945 RO).

Art. Analysis the FEDRO 17 may, for the purposes provided for in art. 2, al. 2, analyze the data or make them available to third parties for their own analysis.
The center of damage of the DDPS can analyze the data for the purposes provided for in art. 2, al. 2, let. b and d.
The cantons may analyze data under art. 16, al. 2. the register of analysis data can be cross-checked with the following data for a thorough analysis of accident causes: a. FABER and data registry (ADMAS) administrative measures, to assess the role played by man; b. the data of MOFIS, in order to assess the role played by the vehicle; c. data from the information system for the management of roads and traffic in order to evaluate the role played by infrastructure.

Registry analysis data can be cross-checked with the following data for the purposes of a thorough analysis of the consequences and costs of accidents: a. data of the federal Office for statistics (OFS); (b) the service of centralization of accident statistics data.

Introduced by section I of O from 12 oct. 2011, in force since Jan. 1. 2012 (2011 4945 RO).
Introduced by section I of O nov 30. in force since Jan. 1, 2012. 2013 (2012 7153 RO).

Art. 18 overlap with other data art. 5, art. 4, let. b, of the order of August 23, 2000, on the register of the permissions of drive governs cross-referenced with data from FABER.
Art. 7, al. 2, let. b, of the order of 3 September 2003 on the MOFIS Register governs the overlap with MOFIS data.
Art. 12, al. 2, of the order of 18 October 2000 on the register ADMAS governs cross-referenced with data from ADMAS.
Access to the data in the information system for the management of roads and traffic and the use of these are governed by the following legal basis: a. for geodata, October 5, 2007 on the geoinformation Act and the order of 21 May 2008 on the geo-information; b. for technical information relating to infrastructure, the Federal law of March 8, 1960 on national roads and the order of November 7, 2007 on the national roads.

Art. 14A of the law of 9 October 1992 on Federal statistics governs the overlap with the data of the SFO.
Access to the data of the service of centralization of accident statistics and the use of these data are governed by order of the DFI on 15 August 1994 on accident statistics.

RS 741.53 741.56 741.55 510.62 510.620 725.11 725.111 RS RS RS RS RS RS introduced by section I of the O of the 30 nov. in force since Jan. 1, 2012. 2013 (2012 7153 RO).
RS 431.835 introduced by section I of O nov 30. in force since Jan. 1, 2012. 2013 (2012 7153 RO).

Art. 19 recovery of data from the statistics of traffic accidents road the data collected under the statistics of accidents of road traffic under the schedule of the order of 30 June 1993 on the statistical surveys are included in the registry analysis.

SR 431.012.1 art. 20 destruction and archiving of data the data contained in the register of analysis are destroyed as soon as they are no longer useful.
FEDRO offers Federal Archives the data that are no longer useful and must be destroyed.

Section 4 provisions final art. 21 transitional provision the cantons may enter and announce data on the road until 31 December 2010 under the old law.

Art. 22 entry into force this order comes into force on June 1, 2010, subject to para. 2. art. 7 comes into force on January 1, 2011.

RO 2010 1659 RS 741.01 RS 832.20 RS 431.01 RS 235.1 State on January 1, 2013

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