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RS 0.741.619.163 Agreement of 22 October 1958 between Switzerland and Austria on international road transport

Original Language Title: RS 0.741.619.163 Accord du 22 octobre 1958 entre la Suisse et l’Autriche relatif aux transports internationaux par route

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0.741.619.163

Translation 1

Agreement between Switzerland and Austria on international road transport

Conclu October 22, 1958
Entered into force on 4 April 1959

The Swiss Federal Council and the President of the Republic of Austria,

Having the same desire to regulate road traffic between the two States, have agreed to conclude an agreement on international road transport by motor vehicles to that effect and have appointed their plenipotentiaries to that effect, namely:

(Following are the names of plenipotentiaries)

Which, having exchanged their full powers recognised in good and due form, have agreed as follows:

1. General provisions

Art. First

Road traffic and road transport between Switzerland and Austria shall be governed by the provisions of this Agreement. It is reserved for international agreements to which both States are parties as they settle matters not fixed by this Agreement or contain more liberal provisions. In addition, road traffic and road transport shall be subject to the laws and requirements of the Contracting State in whose territory they are carried out, in particular in respect of customs and police.

II. Transportation of persons

Non-remunerated transport by passenger vehicles

Art. 2

Only Articles 11, 12 and 13 of this Agreement shall apply to the non-remunerated carriage of persons by passenger vehicles.

Professional transport, occasionally by coach and passenger car

Art. 3

Where they are not carried out on a regular basis, professional transport of persons by means of motor vehicles admitted by one of the States for such carriage shall not be subject to authorisation in the territory of the other State if the Same persons are transported by the same vehicle in the course of

A.
A circular journey that begins and must be completed in the country of registration of the vehicle;
B.
From a journey from an airport in the country of registration of the vehicle and to be completed at another airport in the other country, provided that the vehicle is empty at the point of departure.
Art. 4

(1) The restrictions laid down in Article 3 (a) and (b) shall not apply to the carriage by passenger vehicles of a maximum of 8 seats, not including drivers. Such transport shall, however, be permitted only if the carrier fails to take new passengers in the other Contracting State.

(2) The prohibition on the taking of new passengers in the other Contracting State shall not apply to passenger cars of 8 seats up to the maximum, driver not included, when the carrier is established in a zone 10 km from one or more The other side of the border and that these are orders made on order within a radius of 10 km at most on one side and the other on the border and that travellers are not deposited in the other Contracting State. The 10 km distance is measured from the border crossing.

Art. 5

(1) Any other professional and occasional transport of persons, which does not comply with the requirements of Articles 3 and 4, may be carried out only on the express authorisation of the other Contracting State.

(2) The application for an authorization shall be sent by the contractor, in duplicate, to the competent authority of the country of residence. Permission may be granted only with the consent of the country of residence.

International Line Traffic

Art. 6

(1) The legal requirements of each Contracting State are valid for the carriage of persons in international traffic.

(2) Requests for concessions for the carriage of persons in international traffic shall be addressed to the competent authorities of the country of registration of the vehicle; they shall then be forwarded to the competent authorities of I other State Contractor with prior notice of the authority of the country of residence.

(3) The concession for the carriage of persons in international traffic shall be granted only if the competent authorities of both Contracting Parties have agreed on the necessity, desirability and most important conditions of The concession envisaged and whether the principle of reciprocity is respected.

If a line is deleted in one of the two states, the other state must be informed.

In-Transit Line Traffic

Art. 7

(1) Transport from one of the two Contracting States to cross the other to a third State, without passengers being taken or deposited in the State, shall be considered to be in transit traffic within the meaning of this Agreement. Crossed.

(2) The national legislation of the country crossed shall apply to the granting of authorisation (approval, concession) for such traffic in transit. Applications must be submitted by the applicant to the competent authority of his country of residence; the latter shall forward them with prior notice to the competent authority of the other Contracting State.

III. Transport of goods

Art. 8

(1) Contractors entitled to transport goods shall be permitted to transport, by means of vehicles registered in one of the Contracting States:

A.
Goods to or from one of the States;
B.
Goods in transit by the other State.

(2) By mutual agreement, the Contracting States may, however, decide that such transport shall be carried out only under the cover of a permit or authorisation.

IV. Inland transport

Art.

The carriage of goods and professional transport of persons who begin and end in the same Contracting State shall be prohibited from motor vehicles registered in the other State.

Art. 10

The prohibition laid down in Article 9 shall not affect the rural and forestry traffic referred to in Article 2 (1), 1 Er Paragraph, of the Convention between Switzerland and Austria of 30 April 1947 1 On border traffic.


V. Driving and Circulation Permits

Art. 11

(1) Motor vehicles registered in one of the Contracting States may circulate temporarily in the territory of the other State if they are accompanied by their national traffic permits and if they are equipped with police plates National. They must also bear the international distinctive sign corresponding to the police plate.

(2) A driver who has a national driving licence issued in one of the two Contracting States is entitled to temporarily drive motor vehicles in the territory of the other Contracting State for which his or her Licence is valid, regardless of their country of registration. A driver engaged in driving motor vehicles may, in the exercise of his profession, refer to that provision only if the vehicle is registered in a country other than the country in which he is staying. In general, this right becomes null and void as soon as the person concerned takes his place of residence in the country where he is staying.

(3) The right to use in the territory of a Contracting State national driving licences issued by the other State may be withdrawn under the national requirements of the first State, where appropriate having regard to the provisions of the agreements International in force ... 1


1 Repealed by Art. 12 of the Agreement of 23 May 1979 between the Swiss Confederation and the Republic of Austria on administrative assistance in road traffic cases (RS 0.741.531.916.3 ).

VI. Insurance

Art. 12

(1) Each Contracting State may require, upon entry into its territory of motor vehicles originating in the territory of the other State, that the holder provide a suitable guarantee for the repair of the damage that may be caused by that Vehicle. The guarantee required shall not exceed that which is claimed by holders or drivers of indigenous vehicles of the same category. The guarantee may be provided by the International Motor Insurance Card or by any other means recognised by the State requesting the guarantee. Where such a guarantee is not provided, the driver may be required to pay an appropriate amount in order to cover any damage.

(2) Where one of the two States grants to a company of the other State a concession for regular transport, it may require the submission of a declaration from an insurance company authorized to operate in the country, declaration by That company shall cover, where appropriate on behalf of an insurer carrying on business in the other State, the damage resulting from accidents in the transport in question in a manner consistent with the provisions governing the Civil liability and insurance for registered motor vehicles In the country of the accident.

VII. Taxes

Art. 13

(1) Motor vehicles registered in one of the Contracting States shall be liable to tax on motor vehicles only after having stayed at least 90 consecutive days from the last crossing of the border into the other Contracting State. This tax can then be collected for the duration of the stay.

(2) The rights of concessions or stamps and administrative fees shall be governed by the laws of the country which collects them.

(3) The taxes, duties and other taxes which a Contracting State collects on motor vehicles registered in the other State or that it requires of the contractors of that State for the carriage carried out shall not exceed those which it collects On vehicles registered by itself or on its own contractors. The competent authorities of both Contracting States shall inform each other of the application of this provision.

VIII. Final provisions

Art. 14

(1) This Agreement repeals the Agreement between Switzerland and Austria of 21 November 1936 1 Concerning motor vehicle traffic, including public transit of persons by public services.

(2) The agreement is concluded for an indefinite period. It may be terminated at any time by each of the Contracting States, on notice given three months in advance, by the end of the calendar year.

(3) This Agreement shall be ratified and the instruments of ratification shall be exchanged at Vienna. It will enter into force on the day of the exchange of instruments of ratification.

In witness whereof, The Plenipotentiaries have signed this Agreement.

Done in duplicate at Berne on 22 October 1958.


1 [RS 13 603]


For the For the

Federal Council of President of the

The Swiss Confederation:

Mr. Petitpierre J. Coreth


RO 1959 329


1 The original text is published, under the same number, in the German edition of this compendium.


State 11. July 2006