Motor Vehicle Act 1967

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Basic data
Title: Motor Vehicle Act 1967
Long title: Federal Law of June 23, 1967
on Motor Vehicles
Abbreviation: KFG 1967
Type: Federal law
Scope: Republic of Austria
Reference: Federal Law Gazette No. 267/1967
Date of law: June 23, 1967
Effective date: January 1, 1968
Last change: Federal Law Gazette I No. 78/2019
Please note the note on the applicable legal version !

The 1967 Motor Vehicle Act ( KFG 1967 for short ) is an Austrian federal law that regulates the operation and traffic of motor vehicles and trailers on roads with public traffic (these are roads in accordance with Section 1 (1) of the 1960 Road Traffic Act ).

The predecessor law of the Motor Vehicle Act 1967 was the Motor Vehicle Act 1955, original version of Federal Law Gazette No. 223/1955 .

scope of application

Section 1, Paragraph 1 of the KFG describes the general scope of the law, Paragraph 3 regulates that the provisions of the KFG on special vehicles and special trailers (Section 2, Nos. 23 and 27), unless otherwise stipulated, are only to be applied mutatis mutandis.

Paragraph 2 exempts the use of certain motor vehicles from the provisions, in addition to various transport carts, work machines and other special vehicles (lit.a and lit.b), the exceptions for the operation of motor vehicles at driving events and their training drives, if they be used on a road closed to other traffic for the duration of such an event (lit. c). Likewise excluded is the use of army vehicles (§ 2 Z 38), "which are specially built or equipped for military use in connection with combat missions by armament, armor or their other construction or are dedicated to this purpose", although these vehicles comply with § 97 Paragraph 2 (lit.d).

Electrically powered bicycles are not considered motor vehicles, but rather bicycles within the meaning of the Road Ordinance (this is § 2 Definitions Paragraph 1 Z 22 StVO 1960) according to § 1 Paragraph 2a KFG , provided that their maximum permissible power does not exceed 600 watts , and their Design speed does not exceed 25  km / h .

Motor Vehicle Act Implementation Ordinance 1967

With the Motor Vehicle Act Implementation Ordinance 1967, original version, Federal Law Gazette No. 399/1967 , “on the basis of the Motor Vehicle Act 1967, Federal Law Gazette No. 267, [...] with regard to §§ 9 lit. a to c and e, 10 to 13, 16, 61 and 62 with regard to the affairs of the Federal Army and the Army Administration in agreement with the Federal Ministry of National Defense, with regard to Section 28 in agreement with the Federal Ministry of Justice, with regard to Sections 27, 28 , 66 and 67 in agreement with the Federal Ministry of Finance, with regard to Sections 30 to 35 in agreement with the Federal Ministry of Social Administration and with regard to Sections 39 to 51 in agreement with the Federal Ministry of Transport and Nationalized Enterprises: ... "

Interesting facts and curiosities

  • Often the misnomer "Automotive compelling law" (with or without the addition of 1967) not only commonly in use but there is so in the official sources. In addition, the “Motor Vehicle Act” is often found in the judicature and occasionally in government bills and federal law gazettes.
The journalist and cabaret artist Guido Tartarotti also names the law "Motor Vehicle Act 1967" in his program Self-deception for advanced users, in which he satirically dealt with the "headlights" and their removal from the KFG 1967 in 2016 (actually already in 2014, see below) .
  • With the federal law amending the 1967 Motor Vehicle Act (19th KFG amendment), the 4th amendment to the Motor Vehicle Act and the 1957 Fees Act ( Federal Law Gazette I No. 103/1997 ), headlights with sections 14 instead of the correct word , 15 and 20 the word "Sch w einwerfer" found its way into the 1967 Motor Vehicle Act. Although not, as announced by the Stronach team in a press release, "... a 'headlight' can be in the Motor Vehicle Act for 38 years", the error nevertheless went unnoticed for 17 years when the Stronach team submitted an initiative request to the plenum of the National Council for editorial correction and this, combined with another initiative proposal to amend the Motor Vehicle Act, was passed in Parliament on November 20, 2014. ( Federal law amending the Motor Vehicle Act 1967, Federal Law Gazette I No. 87/2014 of December 16, 2014.)
Likewise, "'Sch w einwerfer" instead of spotlights can also be found several times in the highest court case law, as well as (as of July 2019) in a reference to the provincial law of Burgenland .

See also

literature

  • Herbert Grundtner , Gerhard Pürstl : KFG Motor Vehicle Act. Federal Law of June 23, 1967, Federal Law Gazette No. 267 on motor vehicles in the version of the 1st to 31st amendment. 10th edition, Manz Large Law Edition, Volume 24, Manz, Vienna 2016, ISBN 978-3-214-11359-9 .
  • Herbert Grundtner: KFG Motor Vehicle Act - pocket commentary. 2nd edition, LexisNexis ARD Orac, Vienna 2017, ISBN 978-3-7007-6729-9 (including the 34th KFG amendment; with practical tips from the ÖAMTC traffic editorial team by Martin Hoffer (chief lawyer), as well as Eva Unger and Ursula Zelenka).
  • Brigitte Nedbal-Bures, Gerhard Pürstl: KFG Motor Vehicle Act. 11th edition, Manz Große Gesetzausgabe, Manz, Vienna 2019, ISBN 978-3-214-15901-6 (including the 36th KFG amendment).

Web links

Individual evidence

  1. ↑ Ordinance of the Federal Ministry of Trade, Commerce and Industry of November 30, 1967 on the implementation of the Motor Vehicle Act 1967 (Motor Vehicle Act Implementation Ordinance 1967 - KDV. 1967) in the current version in the Federal Legal Information System (RIS).
  2. ^ Search word "Motor Vehicle Act" in the overall query of the Federal Legal Information System (RIS).
  3. ↑ a b Cabaret in the Tower : Guido Tartarotti - Self-deception for the advanced. Original in ORF III on July 6, 2019. ( program ORF 3 of 6 July 2019 tv. ORF.at , accessed on July 7, 2019). Transcript (excerpts): “... I'll tell you one thing: Reality is stranger and worse and stranger than the worst column could ever be. For example the story of the pigs and the motor vehicle law. There really was. There really was an amendment to the Motor Vehicle Act in 2016 […]. In paragraph […] of the Motor Vehicle Act of 1967, the word headlight is replaced by headlight. - What a shame! - [...]. "
  4. ↑ Bundesregierung Vranitzky V : Government bill : Federal law with which the Motor Vehicle Act 1967 (19th KFG Amendment), the 4th Motor Vehicle Act amendment and the Fees Act 1957 are changed. That is: 712 of the supplements to the stenographic minutes of the National Council XX. GP , reprint of June 17, 1997. (PDF) on the website of the Austrian Parliament called, on July 7, 2019. - The following headlights instead of headlights highlighted in italics:
    • Section 14 (5) ("... vehicles with a length exceeding 6 m must be equipped with reflex reflectors on both long sides with whichyellow-red light can be reflected in the light of a headlamp across the longitudinal center plane of the vehicle (yellow-red reflectors). ...")
    • § 15 , para. 5 Z 1 ( "one or two headlamps, wherein for vehicles with a width of more than 130 cm two headlights required for high beam are") and Z 2 ( "one or two pig launchers for low beam, wherein for vehicles with a width of more than 130 cm two dipped-beam headlamps are required ")
    • Section 20 Paragraph 4 ("Other than the [...] listed headlights, lights and reflectors ...")
  5. ↑ Stronach / Nachbaur: “Schweinwerfer” prove: clearing out and revising our laws is necessary. For each new law delete three old ones! In: APA-OTS press release by the Stronach Parliamentary Club , October 31, 2014, accessed on July 7, 2019.
  6. ↑ Motor Vehicle Act, amendment (697 / A) : Application by MPs Christoph Hagen, colleagues regarding a federal law amending the Motor Vehicle Act 1967 (KFG 1967): 697 / A of October 22, 2014 ( XXV.GP ). ( Independent application (scanned original) (PDF; 427 kB) on the website of the Austrian Parliament, accessed on July 7, 2019.)
  7. ↑ Exceptions to the truck night driving ban will in future also be transnational. Transport committee for changing the road traffic regulations. Here: Provisions about the carrying of control devices are simplified (“For the application, MP Dietmar Keck (S) introduced an amendment that takes into account the correction of the spelling mistake 'Schweinwerfer' to 'Headlights' suggested by MP Christoph Hagen (T) (697 / A ). The amendment, as amended, was adopted by a majority without the Greens' votes. "). In: Parliament Correspondence, No. 1017, November 5, 2014, accessed on July 7, 2019.
  8. ↑ Meeting of the National Council on November 20, 2014 (51 / NRSITZ) on the website of the Austrian Parliament, accessed on July 7, 2019.
  9. ↑ Andreas Kolbábek: "headlight" - party mobilizes against new sport. When reality catches up with satire ... In: autorevue , November 7, 2014, accessed on July 7, 2019. It quotes the APA message in full.
  10. ↑ "Schweinwerfer" disappears from the Motor Vehicle Act. In: ORF.at , November 20, 2014, accessed on July 7, 2019.
  11. ^ Search word "Schweinwerfer" in the overall query of the Federal Legal Information System (RIS).
  12. ^ Federal Act on Driving Licenses (Driving License Act - FSG) in the current version in the Federal Legal Information System (RIS).