This order regulates the creation and operation of a centralized and automated road accident register, which is subdivided into:

A.

A sub-register for the seizure of road accidents (seizure register);

B.

A sub-register for the analysis of road accidents (analysis register).

¹ The input registry is used to:

A.

Recording and classifying data collected by the police during road accidents;

B.

Corroborate the information available to the competent authorities in the execution of criminal proceedings against drivers involved in road traffic accidents;

C.

Populate the analysis registry.

² The scan registry is used to:

A.

Identify, analyze and eliminate the black spots and hazardous locations of the road network;

B.

Investigating the causes of accidents, examining in particular the role played by man, vehicle and infrastructure;

C.

To establish a traffic accident statistic;

D.

Developing and implementing measures to improve road safety;

E. ¹

Analyse the consequences and costs of accidents, taking into account in particular the nature and extent of the injuries of those involved in an accident.

¹ The Seizure Registry is managed by the Federal Roads Office (OFROU), in collaboration with the cantons and the Damage Center of the Federal Department of Defence, Population and Sports Protection (DDPS Damage Center). ¹

² The analysis log is managed by the OFROU.

³ The OFROU is responsible for granting, amending and withdrawing access to entry and analysis records.

⁴ The Federal Office of Informatics and Telecommunications is responsible for:

A.

The technical operation, maintenance and maintenance of the road accident register;

B.

Technical implementation and management of access rights;

C.

Technical overlap with data from other registries;

D.

Compliance with safety and data protection standards.

¹ The authority that enters the data in the input registry verifies that the data is correct and complete. When data is found to be deficient or erroneous, it complements, corrects or destroys data.

² The OFROU verifies that the data contained in the analysis log are complete and plausible. When data is revealed to be incomplete or erroneous, it complements, corrects or destroys data.

¹ The OFROU makes available to the Federal Statistics Office and the Swiss Accident Prevention Office the data they need to carry out the tasks entrusted to them by the law; in advance, it makes these data anonymous and concludes Benefit agreements and data protection conventions.

² The OFROU may make available data for its own analyses to the authorities, organisations and individuals concerned; in advance, it makes such data anonymous and concludes benefit agreements and conventions on the Data protection. It may also grant access to the data in the analysis register for the same purposes.

³ The data of the year made anonymous shall be made available to third parties only after their publication in the Swiss road accident statistics.

⁴ The provision of data for statistical or research purposes shall be governed by the relevant provisions of the Federal Law of 19 June 1992 on Data Protection, of the Ordinance of 14 June 1993 on Federal Law on the Data protection ¹ , of the Act of 9 October 1992 on Federal Statistics and of the Order of 30 June 1993 concerning the implementation of the federal statistical statements ² .

¹ Services with access to the road accident register shall take the necessary technical and organisational measures to protect their data against any loss, unauthorised treatment or access and against theft. The OFROU ensures that the data provided under s. 5, para. 2, do not allow to infer the identity of the persons involved in the accident.

² In order to ensure the security of the data, services with access to the road accident register are required to comply with the provisions of the Federal Data Protection Act of 14 June 1993 ¹ And the computer security section of the September 26, 2003 Order on Informatics in the Federal Government ² .

³ When processing the data, any changes must be recorded automatically in a log with the user name and modification time.

⁴ The OFROU lays down a regulation governing the processing of data, including the structure, organisation and operation of the road accident register.

The OFROU establishes a standard statistics of road accidents every six months. It shall, in cooperation with the Federal Statistical Office, make it available to the competent cantonal authorities before opening it to the public in an appropriate form.

The following data can be entered in the input registry:

A.

Data concerning persons involved in an accident, relating to:

1.

Identity,

2.

Driver's licence,

3.

The presence of alcohol, drugs or drugs,

4.

Bodily harm;

B.

Data relating to the vehicles involved in the accident, relating to:

1.

Vehicle type,

2.

Identification,

3.

The service number,

4.

The holder;

C.

Data concerning the location of the accident, relating to:

1.

Location,

2.

The type of road

3.

The state of the road

4.

Traffic regulation,

5.

Weather conditions;

D.

Data on the type of accident and its causes;

E.

Sketch of the accident;

F.

Hearing minutes;

G.

Denunciation reports.

¹ The competent cantonal police bodies shall seize the data referred to in Art. 8, let. A to d, for all traffic accidents that are the subject of a police report; they do so directly in the entry register or announce the data via a transfer directory.

^1bis For all road accidents recorded by the military police, the DDPS damage centre shall record the following data directly in the entry register:

A.

The data referred to in s. 8, let. A to d;

B.

The Personal Identification Number (PIN) of the driver's authorization register (FABER) of the persons involved in the accident driving a vehicle; and

C.

The service number of the vehicles involved in the accident. ²

² The OFROU defines with what indications and characteristics the data referred to in Art. 8, let. A to d must be entered or announced.

³ The relevant police agencies at the cantonal level and the DDPS Damages Centre shall seize or announce the data as they arise, but at the latest: ³

A.

August 20 of the current year for first-half data;

B.

February 20 of the following year for data for the second semester.

⁴ After February 20, the previous year's accident data can only be rectified or completed in consultation with the OFROU.

¹ Art. 5 A , para. 4, let. A, of the order of 23 August 2000 on the register of driving licences ¹ Governs the recovery of FABER data. ²

² Art. 7, para. 2, let. A, of the order of 3 September 2003 on the MOFIS register ³ Governs the resumption of data from the register of vehicles and vehicle owners (MOFIS).

¹ The data referred to in s. 8, let. A to e, are transferred from the entry register to the analysis registry in an anonymous form or with nicknames.

² The nicknames are:

A.

For personal data, the personal identification number used in MANUFACING;

B.

For vehicle data, the service number.

³ Data concerning persons involved in an accident that were not driving a motor vehicle can only be transferred to the analysis register in an anonymous form.

¹ Persons responsible for the seizure of traffic accidents under the cantonal police legislation shall have access to the following data from the entry register:

A.

Data captured by their care;

B.

Data relating to accidents on the territory of their canton.

^1bis The DDPS Damage Center has access to the following data from the entry registry:

A.

Data captured by his or her care;

B.

Data entered by the cantonal police agencies relating to accidents in the field of competence of the DDPS Damages Centre. ¹

² The OFROU only has access to the entry register in order to perform the tasks set out in Art. 3, para. 1 and 3. It shall designate the person authorized to access the register for that purpose and his or her alternate.

³ The Federal Office of Information Technology and Telecommunications only has access to the entry register in order to perform the tasks set out in Art. 3, para. 4.

¹ Every person has the right to request information about the data concerning him or her with the authority responsible for seizing them under s. 9.

² The competent authority shall, subject to the right of the cantonal procedure, communicate the full data concerned free of charge within 30 days of receipt of the request; in principle, it shall communicate them in writing.

³ Any person may request that the erroneous data concerning them be corrected or withdrawn from the entry register.

¹ The data contained in the seizure register shall be destroyed no later than ten years after the accident.

² The OFROU is proposing to the Federal Archives data that is no longer useful and must be destroyed.

¹ The analysis registry contains the following data:

A.

Data from persons and vehicles involved in an accident referred to in s. 8, let. A and b, in an anonymous form or with pseudonyms;

B.

Data on the location, type and causes of the accident referred to in s. 8, let. C and d;

C.

Accident sketches included in the seizure registry referred to in s. 8, let. E.

² The recovery of data from the seizure register is governed by s. 11.

³ The personal identification number used in the FABER and the service number are invisible when processing the data in the analysis registry.

¹ The OFROU has access to the analysis registry.

^1bis The DDPS Damage Center has access to the following data from the Analysis Registry:

A.

The data provided by its care in the entry registry;

B.

Data relating to accidents in the field of its competence. ¹

² The cantons have access to the following data from the analysis register:

A.

Data entered in the entry register by their own authorities;

B.

Data relating to accidents on the territory of their canton.

³ The Federal Office of Information Technology and Telecommunications only has access to the analysis register in order to perform the tasks set out in Art. 3, para. 4.

⁴ Third parties require authorisation from the OFROU, granted under the conditions of Art. 5, to access the analysis registry.

¹ The OFROU may, for the purposes set out in Art. 2, para. 2, analyze the data or make it available to third parties for their own analysis.

^1bis The DDPS Damages Centre may analyze the data for the purposes of s. 2, para. 2, let. B and d. ¹

² The cantons may analyse the data under Art. 16, para. 2.

³ The data from the analysis register may be cross-checked with the following data for the purposes of an in-depth analysis of the causes of accidents:

A.

The FABER data and the Administrative Measures Register (ADMAS), in order to assess the role played by man;

B.

Data from MOFIS to assess the role played by the vehicle;

C.

Information system data for road and traffic management to assess the role played by the infrastructure.

⁴ The data from the analysis register may be cross-checked with the following data for an in-depth analysis of the consequences and costs of accidents:

A.

Data from the Federal Statistics Office (SFO);

B.

Data from the Accident Insurance Statistics Centralization Service. ²

¹ Art. 5 A , para. 4, let. B, of the order of 23 August 2000 on the register of driving licences ¹ Governs the overlap with the FABER data.

² Art. 7, para. 2, let. B, of the order of 3 September 2003 on the MOFIS register ² Governs the overlap with the MOFIS data.

³ Art. 12, para. 2, of the order of 18 October 2000 on the ADMAS register ³ Governs the overlap with ADMAS data.

⁴ Access to the data of the information system for road and traffic management and the use thereof shall be governed by the following legal bases:

A.

For geodata, the geoinformation law of 5 October 2007 ⁴ And the Ordinance of 21 May 2008 on geoinformation ⁵ ;

B.

For technical data relating to infrastructure, Federal Law of 8 March 1960 on National Roads ⁶ And the order of 7 November 2007 on national roads ⁷ .

⁵ Art. 14 A The Federal Statistics Act of 9 October 1992 governs the overlap with the data of the SFO. ⁸

⁶ Access to the data of the service of centralisation of accident insurance statistics and the use of these data are governed by the decree of the DFI of 15 August 1994 on accident insurance statistics ⁹ . ¹⁰

Data collected in the context of traffic accident statistics pursuant to the annex to the order of 30 June 1993 on statistical surveys ¹ Are included in the analysis registry.

¹ The data contained in the analysis log is destroyed as soon as it is no longer useful.

² The OFROU is proposing to the Federal Archives data that is no longer useful and must be destroyed.

The cantons may seize and announce under the old law road accident data until 31 December 2010.

¹ This order shall enter into force on 1 ^Er June 2010, subject to para. 2.

² Art. 7 comes into force on 1 ^Er January 2011.