Rs 741.53 Order Of August 23, 2000, On The Register Of Driving Permits

Original Language Title: RS 741.53 Ordonnance du 23 août 2000 sur le registre des autorisations de conduire

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741.53 order on the register of driving permits of 23 August 2000 (State October 1, 2011) the Swiss federal Council, under art. 104 of the Federal Act of 19 December 1958 on road traffic, having regard to art. 7, al. 2, 16, al. 2, and 36, al. 1, of the Federal law of June 19, 1992, on the protection of data (LPD): art. 1subject the federal roads (authority FEDRO) Office manages a registry automated permissions of drive (FABER) in collaboration with the cantons.
FABER is used to permit learner driver, driving and driving instructor, to control civilian and military driving permits and to establish statistics on driving permits.

New content according to chapter I of O on July 3, 2002, in force since April 1, 2003 (RO 2002 3316).
New term according to chapter I of O on June 29, 2011, in effect since Oct. 1. 2011 (2011 3903 RO). It was taken into account this change throughout the present text.
New content according to chapter I of O of 29 March 2006, in force since November 1. 2006 (RO 2006 1685).

S. 2 repealed by chapter I of the July 3, 2002 (RO 2002 3316) O.

S. 3 content of FABER the following data are entered in FABER: a. data for the main identification 1. the personal identification number (PIN) allocated by the system, 2. the registration identification;

b. data relating to person 1. the family name, 2. the name at the time of the birth, 3. (s) first name (s), 4. sex, 5. the date of birth, 6. the language in which the permit was produced, 7. place of origin/place of birth, 8. nationality, 9. photo digitized passport, 10. the date of the seizure of photo digitized passport, 11. the digitized signature, 12. the date of the seizure of the digitized signature, 13. the date of the last medical examination, 14. the date of the next medical examination, 15. the interval between examinations;

Address of the place of residence 1. current address, 2. the postal delivery address, 3. previous address;

d. control information 1. the date of the first seizure in FABER, 2. the date of last transfer;

e. data permits 1. the kind of license, 2. the status of the permit, 3. the current issue of the permit, 4. the number of the draft map, on the driving licence in the form of credit card (specimen), 5. the date of issue, 6. issuing authority (Township), 7. the due date, 8. complementary data, 9. and 10. ... 11. the current withdrawals of permits, prohibitions of use and bans pronounced by the Swiss authorities or Liechtenstein, 12. the current withdrawals of permits, prohibitions of use and bans handed down by foreign authorities against persons, domiciled in Switzerland or the Principality of Liechtenstein, have a foreign student driver permit or driving;

f. data relating to category 1. the category of licence, 2. the date of the examination, 3. place of examination (canton or State), 4. the due date, 5. the restrictions, 6. the current withdrawals and prohibitions to make use of certain categories determined by the Swiss authorities or Liechtenstein, 7. the current withdrawals and prohibitions make use of categories voted by foreign authorities against persons, domiciled in Switzerland and the Principality of Liechtenstein, have a foreign student driver permit or driving.

New content according to chapter I of O on July 3, 2002, in force since April 1, 2003 (RO 2002 3316).
New content according to chapter I of O on July 3, 2002, in force since April 1, 2003 (RO 2002 3316).
New content according to chapter I of O of 29 March 2006, in force since November 1. 2006 (RO 2006 1685).
New content according to chapter I of O on July 3, 2002, in force since April 1, 2003 (RO 2002 3316).
New content according to chapter I of O on July 3, 2002, in force since April 1, 2003 (RO 2002 3316).
New content according to chapter I of O on July 3, 2002, in force since April 1, 2003 (RO 2002 3316).
New content according to chapter I of O on July 3, 2002, in force since April 1, 2003 (RO 2002 3316).
Introduced by chapter I of O on June 29, 2011, in effect since Oct. 1. 2011 (2011 3903 RO).
Introduced by chapter I of O on June 29, 2011, in effect since Oct. 1. 2011 (2011 3903 RO).
Introduced by chapter I of O on June 29, 2011, in effect since Oct. 1. 2011 (2011 3903 RO).
New content according to chapter I of O on July 3, 2002, in force since April 1, 2003 (RO 2002 3316).
New content according to chapter I of O of 29 March 2006, in force since November 1. 2006 (RO 2006 1685).
Repealed by the c. of o. on June 29, 2011, with effect from Oct. 1. 2011 (2011 3903 RO).
Introduced by chapter I of the July 3, 2002 (RO 2002 3316) O. New content according to chapter I of O of 29 nov. 2006, in force since Feb 1. 2007 (2007 105 RO).
Introduced by chapter I of the July 3, 2002 (RO 2002 3316) O. New content according to chapter I of O of 29 nov. 2006, in force since Feb 1. 2007 (2007 105 RO).
Introduced by chapter I of the July 3, 2002 (RO 2002 3316) O. New content according to chapter I of O of 29 nov. 2006, in force since Feb 1. 2007 (2007 105 RO).
Introduced by chapter I of the July 3, 2002 (RO 2002 3316) O. New content according to chapter I of O of 29 nov. 2006, in force since Feb 1. 2007 (2007 105 RO).

S. 4 authorities participating in the management of FABER and skills the cantonal authorities responsible for licensing of learner driver, driving and driving instructor capture the data referred to in art. 3 and perform all mutations in their system data and then transmit to FABER.
The font of traffic thus Swiss customs bodies of tasks in this area immediately within FABER any withdrawal of driving licences and any driving ban pronounced on place (art. 3, let. e, c. 11 and 12, and f, c. 6 and 7).
Registration made under para. 1 automatically clears after ten days if the competent authority for withdrawal did not a mutation.
The road traffic and navigation of the army agency processes data relating to military driving permits.
FEDRO controls whether data entered and made changes is complete and plausible.
When entries are incomplete or erroneous, FEDRO asks at the service of the administration which entered the data in the system to correct, complement or delete, or making himself necessary changes after consultation with the service.

New content according to chapter I of O of 29 March 2006, in force since November 1. 2006 (RO 2006 1685).
Introduced by chapter I of the July 3, 2002 (RO 2002 3316) O. New content according to chapter I of O of 29 March 2006, in force since November 1. 2006 (RO 2006 1685).
Introduced by chapter I of O on July 3, 2002, in force since April 1, 2003 (RO 2002 3316).
New expression according to the c. of o. from 3 sept. 2003 (RO 2003 3375).

S. 5 permission and only appellate proceedings are entitled to consult the complete data FEDRO, the road traffic and Office of the army, cantonal authorities for the issue and withdrawal of learner-driver permits, driving and navigation monitor driving and seizure and transfer of data from the driver cards according to art. 3, al. 2, of the Ordinance of 29 March 2006 on the register of the tachograph cards (ORCT) as well as, in the framework of procedures to assess crimes committed in road traffic, criminal prosecution authorities and the prosecution of Switzerland, judicial authorities after: a. pin; b. the registration identification; c. the PIN and current permit number; d. name; e. the name and year of birth; f. the name and date birth; g. the name and the (s) first name (s); h. the name (s) and first name (s), year of birth; i. name, (s) and first name (s) and date of birth; j. the name and domicile.

Traffic police and customs organs have access, according to the same criteria of interrogation, the data necessary for the control of driving permits. Data relating to the medical checks (art. 3, let. e, ch. 9 and 10) are not party.

RS 822.223 new content according to chapter I of O of 29 March 2006, in force since November 1. 2006 (RO 2006 1685).
Introduced by chapter I of O on July 3, 2002, in force since April 1, 2003 (RO 2002 3316).

S. 5aReprise FABER data in other registers automated police forces of Switzerland as well as the customs bodies responsible of the tasks of traffic police can resume FABER data in their own systems of data, insofar as they ensure the protection and safety and use them exclusively to develop reports or minutes as part of a search of persons or vehicles or a criminal prosecution.
The competent cantonal authorities control, seizure and transfer of data from the digital tachograph driver card can copy data from FABER in the register of tachograph cards (RCT), adjust data or refer to data from FABER. The ORCT provisions apply in addition to the security and protection of data.
The competent authorities may copy data from FABER, adjust data or refer to FABER data, insofar as this is necessary for the performance of their lawful duties:

a. grant of licence according to art. 11 of the order of 27 October 1976 regulating the admission traffic; b. grant of a certificate of competence according to the art. 9, al. 3, of the Ordinance of June 15, 2007, regulating the admission of drivers; v. granting of a certificate for dangerous goods according to the order of 29 November 2002 on the transport of dangerous goods by road; d. licensing of monitor driving according to the order of September 28, 2007 on driving instructors; e. control of mandatory additional training for new drivers in training in two stages according to section 12 b of the order of 27 October 1976 regulating the admission traffic; f. control training and mandatory training courses for driving according to the art instructors. 22 by order of 28 September 2007 on driving instructors.

Data from FABER may: a. be included in the register of seizure of accidents of the road, in accordance with art. 1, let. a, of the Ordinance of April 14, 2010, on the register of accidents of the road (ORAR), for the following purposes: 1 verification and personal data completely, 2 research of the personal identification number (PIN FABER);

b. be intruded, a form being anonymized, with data from the register of accident analysis of the road, in accordance with art. 1, let. (b), of the schedule, with the aim of conducting analyses according to art. 17 ORAR.

Introduced by the c. of o. from 3 sept. 2003 (RO 2003 3375). New content according to chapter I of O of 29 March 2006, in force since November 1. 2006 (RO 2006 1685).
RS 822.223 RS 741.51 RS 741.521 RS 741.621 RS 741.522 RS 741.51. See also instr. of 3 Dec. 2004 concerning the training in two phases (http://www.astra.admin.ch/themen/ausbildung).
Introduced by the c. of o. from oct 22. 2008 (RO 2008 5575). New content according to chapter I of O on June 29, 2011, in effect since Oct. 1. 2011 (2011 3903 RO).
RS 741.57 introduced by chapter I of O of April 14, 2010, in force since June 1, 2010 (RO 2010 1653).

S. 6 the right of the person concerned to obtain information and corrections anyone may request to the authority of his canton home jurisdiction over licensing of learner driver, driving, and driving instructor information on its own data. Regarding persons of discernment, the right to obtain information is also given to their representative legal, but exclusively on behalf of the person concerned and for the interests. The applicant or his legal representative shall prove his identity and submit a written request.
The authority provides exhaustively, free and generally written information within 30 days of receipt of the application.
The persons referred to in the al. 1 may require that incorrect data are corrected, completed or disposed of FABER. The request must be made in writing to the competent authority.
FEDRO transmits to the authority which conducted the last mutation in FABER questions and requests for rectification of data from foreign domiciled individuals.

New content according to chapter I of O on July 3, 2002, in force since April 1, 2003 (RO 2002 3316).
New content according to chapter I of O on July 3, 2002, in force since April 1, 2003 (RO 2002 3316).

S. 7Changement's home when a person transfers his home in another canton, the new canton of residence corrects the address in FABER. The former Township of home receives a notice of transfer.

New content according to chapter I of O of 29 March 2006, in force since November 1. 2006 (RO 2006 1685).

S. Data 8Elimination; check if a person voluntarily waives his licence or that the competent authority announces the death of a person, the data y relating are eliminated Faber by the cantonal authority in licensing of learner driver, driving and driving instructor.
FEDRO ensures that eliminated data remain available offline for five years.

New content according to chapter I of O on July 3, 2002, in force since April 1, 2003 (RO 2002 3316).
New content according to chapter I of O of 29 March 2006, in force since November 1. 2006 (RO 2006 1685).

S. 9 data security and logging in order to guarantee the security of the data, the authorities having access to FABER are obliged to observe the provisions of Ordinance of 14 June 1993 on the Federal Act on the protection of data and the section on computer security by order of 23 February 2000 on information technology and telecommunications in the Federal Government.
In the context of the processing of the data, the system logs itself users who are originally from the current state of data and when the operation was performed.

SR 235.11 [2000 1227 RO. [RO 2003 3687 annex c. I 1]. See now the O from 26 sept. 2003 (RS 172.010.58).

S. 10 control internal data protection to safeguard their data and protect them against any unauthorized treatment, consultation, or subtraction, the authorities having access to FABER take structural and technical measures necessary.

S. 11 liability and monitoring responsibility for the accuracy and timeliness of the data entered is assumed by the service of the administration which entered the data in the system.
Computer and telecommunication FEDRO is responsible for the technical maintenance of compliance with requirements for security as well as the management of access permissions.

S. 11aStatistiques of driving the FEDRO permits publishes annually statistics on driving permits.

Introduced by chapter I of O on July 3, 2002, in force since April 1, 2003 (RO 2002 3316).

S. 11bCommunication of data for statistical purposes of research communication, statistics or research, data stored in FABER purposes or is subject to the provisions of the HPA, the 14 June 1993 Ordinance to the Federal data protection act and the Federal Act of 9 October 1992 on Federal statistics.

Introduced by chapter I of O on July 3, 2002, in force since April 1, 2003 (RO 2002 3316).
SR 235.11 RS 431.01 s. 11cCommunication of data to foreign authorities is allowed to communicate data to foreign authorities provided that an international agreement so provides and that reciprocity is granted by the foreign State.

Introduced by the c. of o. October 27. 2004, in force since Feb 1. 2005 (RO 2004 5071).

S. 12 entry into force this order comes into force on October 1, 2000.

RO 2000 2300 new content according to chapter I of O on July 3, 2002, in force since April 1, 2003 (RO 2002 3316).
RS 741.01 RS 235.1 new content according to chapter I of O on July 3, 2002, in force since April 1, 2003 (RO 2002 3316).

State on October 1, 2011

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