Highway Code 1960

from Wikipedia, the free encyclopedia
Basic data
Title: Highway Code 1960
Long title: Federal law of July 6, 1960,
with which regulations on the
road police are enacted
(Road Traffic Act 1960 - StVO. 1960).
Abbreviation: StVO 1960
Type: Federal law
Scope: Republic of Austria
Reference: Federal Law Gazette No. 159/1960
Date of law: July 6, 1960
Effective date: January 1, 1961
Last change: Federal Law Gazette I No. 113/2019
Legal text: Road traffic regulations 1960 as amended in the RIS
Please note the note on the applicable legal version !

The Austrian Road Traffic Act 1960 (abbreviation StVO 1960 ) is a federal law that came into force on January 1, 1961 and regulates traffic on roads with public traffic for all road users. It replaced the Federal Act of December 12, 1946 on the Regulation of Road Traffic - Road Police Act ( Federal Law Gazette No. 46/1947 ).

In addition to definitions, the road traffic regulations contain regulations that apply to all road users (if applicable), such as the general driving rules (lane changes, overtaking, priority, driving speed, right-hand driving requirement , etc.), the meaning of the traffic lights ( traffic lights ) and the traffic signs . There are also provisions for certain road users ( carts , pedestrians, cyclists, etc.), criminal provisions and regulations that apply to the authorities (e.g. how road traffic signs are to be set up).

Notable provisions and judgments

  • According to the road traffic regulations, trams (more precisely: "rail vehicles") also have left priority ( Section 19 (1)) and are also not obliged to stop in front of zebra crossings to enable pedestrians to cross unhindered ( Section 9 (2)). In addition, rail vehicles must be overtaken on the right if there is enough space. Trams are allowed to accelerate when being overtaken ( Section 15 Paragraphs 2, 5). Keep a distance of at least 20 meters behind trams.
  • Unlike in Germany or Switzerland, a driver can explicitly trust that other people know and comply with the relevant legal provisions for using the road (principle of trust; Section 3 (1)).
  • Every driver must drive his vehicle as far to the right as is reasonable for him, taking into account the ease and fluidity of traffic and without endangering, hindering or annoying other road users, without endangering himself and without damaging things ( § 7 ). If there are two lanes in the local area marked by guide lines or blocking lines for the same direction, the driver of a motor vehicle may freely choose the lane despite the right-hand driving requirement. In this case, passing vehicles, even on the right, is not overtaking in the sense of the StVO and is therefore permitted ( Section 7 (3a)).
  • Driving over a blocking line ( Section 55 (2)) is permitted if it is not otherwise possible to drive past an obstacle. However, this should only be done with the application of very special attention and caution.
  • On priority streets in the local area and on lanes with tracks from rail vehicles, driving to the left edge of the lane is prohibited, with the exception of one-way streets. Turning back is also prohibited on priority roads in the local area ( Section 14 ). Priority is lost when reversing.
  • Overtaking is already forbidden if other road users could be endangered ( § 16 ). Anyone who wants to overtake on the right, even though it is prohibited, has to make sure that this does not result in a surprising situation for anyone. Actuating the indicator alone is not enough.
  • Emergency vehicles always have priority on unregulated intersections. At an intersection regulated by traffic lights, you may enter the intersection when the light is red if you have stopped beforehand and do not endanger people or damage property ( Section 19 , Section 26, Paragraph 3).
  • If a speed limit sign is attached together with a place-name sign, this restriction applies in the entire local area. Place-name signs do not remove speed restrictions ( Section 44 (4), Section 51 )
  • It is allowed to stop and park in bus stops outside of operating hours. Cross parking is only allowed if signs or floor markings instruct this. You are not allowed to stop or park within five meters before and after intersections. Just because a vehicle (e.g. a Smart ) fits sideways into a gap does not automatically mean that it can park sideways. Drivers do not have to (continuously) check whether their vehicle can still be parked where it is. So if you park on Monday and no parking signs are set up on Tuesday, the driver is not at fault if he does not notice it and cannot notice it. ( § 23 , § 24 , § 25 )
  • Vehicles approaching the freeway have to wait for the flow of traffic on the freeway. If classification is not possible, the driver must stop his motor vehicle at the acceleration lane. There is no priority when changing lanes, nobody has to expect someone to change lanes in such a way that it would endanger or hinder them - even if the driver operated the indicator. Switching on the indicator does not give rise to the right to change lanes ( § 11 , § 19 ).
  • Pedestrians are only allowed to enter the carriageway away from protective paths when they have made sure that they do not endanger a vehicle and do not hinder vehicle traffic when crossing. On protective paths, pedestrians are not allowed to enter the carriageway unexpectedly for approaching vehicles. ( § 76 ).
  • In meeting areas, drivers are not allowed to hinder pedestrians, but pedestrians are also not allowed to deliberately hinder vehicles (accordingly, walking in front of a vehicle, although there is enough space to evade, for example, is prohibited; Section 76c ).
  • Riding riders on the road at dusk or in the dark, they must be identified by brightly shining lanterns on the left-hand side ( Section 79, Paragraph 3).
  • If a cyclist leaves a cycle path or a pedestrian and cycle path that is not continued by a cyclist crossing, the cyclist must give priority to flowing traffic. If a cycle lane ends, however, the zip system must be used. Cyclists may approach an unregulated cyclist crossing with a maximum of 10 km / h and not use the cyclist crossing unexpectedly for approaching vehicles. Cyclists are not allowed to use protective paths (aka zebra crossings for pedestrians) in the direction of pedestrians, but are allowed to use them by pushing. Even rolling a bicycle, i.e. standing with your right leg on the left pedal, holding the handlebars with both hands and immersing your left foot by pushing off the ground is considered cycling.
  • Since 2019 the following applies: Electrically powered scooters may or must use cycling facilities; may not use sidewalks and sidewalks, but must use adjacent lanes. They are subject to a speed limit of 25 km / h, but sometimes roll faster downhill driven by gravity alone.
  • Drivers of vehicles (this also includes cyclists) are considered to be impaired from a blood alcohol content of 0.8 per mille and are not allowed to drive or operate a vehicle in such a condition. In addition, stricter regulations apply to certain groups (list not complete): Drivers of motor vehicles may only have less than 0.5 per mille blood alcohol content (FSG § 14 Paragraph 8). The following may have a maximum blood alcohol content of 0.1 per mille: drivers during the probationary period (FSG § 4 Paragraph 7), learner drivers ( FSG § 6 Paragraph 3) and driving instructors (KFG § 114 Paragraph 4 Z 1) during training, learner drivers and companions for practice drives (KFG § 122 Paragraph 6), drivers of motorcycles and moped cars up to the age of 20 (FSG § 18 Paragraph 5) as well as drivers of vehicles of classes C and D (FSG § 20 Paragraph 4).
  • Before changing lanes or turning, the indicator must only be used if other road users are present who could be hindered or endangered by the process.

See also

literature

  • Martin Hoffer: StVO: Road traffic regulations. 29th edition. Neuer Wissenschaftlicher Verlag, Graz 2006. ISBN 3-7083-0261-3 (commented ÖAMTC specialist book)

Individual evidence

  1. ^ Road Traffic Regulations 1960 , current version.
  2. ↑ Decision: OGH 2Ob 80 / 11w. May 30, 2011, accessed December 6, 2017 .
  3. ↑ Legal sentence: OGH 2Ob393 / 67, 2Ob114 / 78, 2Ob307 / 99g. January 19, 1968. Retrieved December 6, 2017 .
  4. ↑ Decision: LG Eisenstadt 13R2 / 06. January 16, 2006, accessed December 6, 2017 .
  5. ↑ decision OGH: 6Os393 / 57th Retrieved September 10, 2019 .
  6. ↑ Decision: OGH 2Ob 30/93. May 27, 1993. Retrieved December 6, 2017 .
  7. ↑ Cross parking . In: auto-motor.at . ( auto-motor.at [accessed December 6, 2017]).
  8. ↑ Decision: VwGH 2013/02/0224. January 31, 2014, accessed December 6, 2017 .
  9. ↑ legal proposition: Supreme Court 2Ob 137/83. July 12, 1983. Retrieved December 6, 2017 .
  10. ↑ legal proposition: UVS Steiermark 30.6-99 / of 2002. October 24, 2002, accessed December 6, 2017 .
  11. ↑ right set: OGH 8Ob39 / 71st March 9, 1971, Retrieved October 15, 2019 .