Federal Council: Extreme speeders are threatened with confiscation of their vehicles in the future

2023-07-13 19:28:04

Enquete “Giving prospects to children” decided on October 4th

Vienna (PK) – In order to increase road safety, the authorities will in future be able to confiscate the vehicles of drivers who exceed the speed limit very quickly and, in particularly serious cases, ultimately declare them forfeited. A corresponding regulation took place in today’s Federal Council meeting the last hurdle. It was also decided with a majority to integrate the infrastructure part of the Graz-Köflacher-Bahn into ÖBB-Infrastruktur AG.

Furthermore, the Federal Council did not object to resolutions of the National Council to enshrine sanctions on the obligation to stockpile the compulsory oil emergency reserve and information measures for more transparency and competition on the electricity market.

Finally, the mandataries of the Chamber of States spoke out in favor of holding an inquiry entitled “Giving children prospects – carefree, full of opportunities and growing up democratically” on October 4, 2023 in Parliament. A statement brought by representatives of all parties in the Bundesrat Application was accepted unanimously.

Raserpaket is also approved by the Bundesrat

The possibility of being able to withdraw the vehicle from drivers who are exceeding the speed limit in particularly high and dangerous conditions, possibly permanently, was decided by majority. Vehicles that have been declared forfeited can ultimately also be recycled. Proceeds go to the Road Safety Fund. The majority of the Federal Councilors approved a corresponding proposal Short story the Road Traffic Act (34th StVO amendment), which also brings some changes to the Driver’s License Act and the Motor Vehicle Act.

The Lower Austrian FPÖ Federal Councilor Michael Bernard said that his parliamentary group’s approach to road safety was different from that shown by the Minister of Transport. The encroachment on the fundamental right to property planned by the law will not be legally tenable. One of the particularly problematic points is that the law creates clear unequal treatment. The vehicle will not be taken away from foreign drivers. Instead of a complicated encroachment on fundamental rights, it would be possible to monitor the driving behavior of notorious speeders for a certain period of time. This could be done using driver cards, such as those normally used in truck traffic.

For the Federal Councilor of the Greens from Lower Austria, Simone Jagl, the law makes it possible to take action against a certain scene in which illegal vehicle racing is part of the lifestyle. She pointed to examples of the most serious traffic accidents that can be attributed to extreme speeding. People who show a driving behavior in which the vehicle “becomes a weapon” have to be taken away. With a driving ban, provisions were also made for cases of leasing vehicles or vehicles provided in any other way.

The Viennese NEOS Federal Councilor Karl-Arthur Arlamovsky is skeptical that the law can achieve the desired effect. He understands that perpetrators who use the vehicle for criminal offenses want to be deprived of their weapons, so to speak. But since 55% of new registrations are currently leasing vehicles, he doubts that there will actually be many confiscations. The planned driving ban also only affects the vehicle actually used and can therefore also have little effect, said the Federal Council.

The Federal Councilor of the ÖVP for Burgenland Bernhard Hirczy emphasized that the law is not about accidental speeding due to carelessness. Rather, the aim is to hit a specific scene, namely young people in particular who use rigged cars for street racing. This scene can only be met through the acceptance of the vehicles.

The Styrian SPÖ Federal Councilor Horst Schachner said his parliamentary group would approve the law because it was fundamentally important to take action against the speeding scene. However, from the point of view of the SPÖ, this is not the final solution.

Gewessler: Taking steps against the unteachable

Transport Minister Leonore Gewessler said the law would implement the third and final part of a road safety package she announced two years ago. The measures now planned are aimed at the group of incorrigible repeat offenders, from whom the vehicle could ultimately be taken away. In drafting the law, it was of course taken into account that the confiscation of a vehicle is a legally complex issue. Therefore, a three-stage procedure is planned, in which an individual case is always examined. Gewessler emphasized that the law expressly makes no distinction between domestic and foreign drivers. It is not possible to confiscate vehicles that are not owned by the driver, but the vehicle owners are informed so that they can make a responsible decision.

Infrastructure part of the Graz-Köflacher-Bahn becomes part of the ÖBB infrastructure

The Federal Council also approved by a majority federal law, which regulates the transfer of the infrastructure section of Graz-Köflacher Bahn und Busbetrieb GmbH (GKB) to ÖBB-Infrastruktur AG, the GKB Infrastructure Transfer Act. This step should enable the infrastructure expansion, in particular the electrification of the transport company, under more favorable conditions and bring considerable savings to the federal government. The transport company itself should continue to exist in the form of a “sales company”.

The Styrian SPÖ Federal Councilor Horst Schachner addressed a motion for a resolution to the Minister of Transport. It should be requested to ensure, before the spin-off of GKB’s infrastructure division, that the rights of GKB employees remaining in the sales company are protected with regard to working hours, protection against transfers and protection of existing assets. However, the motion did not find a majority.

In response to criticism from the opposition, Transport Minister Gewessler emphasized that extensive investments in the Styrian transport infrastructure are already planned. In order to be able to expand a regional company that is important for Styria, the expertise and strengths of two railway companies that are already 100% owned by the federal government are bundled. The expansion projects are already being implemented by the ÖBB infrastructure, so nothing will change here. By handling the financing via the ÖBB master plan, significant synergies and budget relief can be achieved. The greatest attention was paid to ensuring that the rights of the employees were fully protected and that this successful transport company continued to exist, said the Minister of Transport in the direction of SPÖ Federal Councilor Schachner.

Sanctions for mandatory stockpiling of petroleum emergency reserves

The Bundesrat decided unanimously not to object to an amendment to the Petroleum Stockpiling Act. This one looks sharper sanctions for violations against the obligation to stockpile crude oil. Those who are obliged to stockpile – i.e. importers of petroleum, petroleum products, biofuels or raw materials for the direct production of biofuels – are threatened with fines of up to €116,240 or imprisonment of up to six weeks in the event of an administrative penal violation of the stockpiling obligation if they do so in a calendar month fail to comply with the stockpiling obligation during the stockpiling period.

Energy Minister Leonore Gewessler emphasized the importance of the regulation for security of supply during the debate.

The emergency reserves have proven themselves, explained Isabella Kaltenegger (ÖVP/St). The Federal Councilor justified the need to tighten the sanctions with the fact that a market participant had not complied with the stockpiling obligation.

Daniel Schmid (SPÖ/T) said that oil stockpiling was an important step in bridging short-term supply bottlenecks.

Michael Bernard (FPÖ/N) justified his group’s approval of the Freedom Party as “the guarantor of security at all levels”, but criticized the fact that the federal government had contributed to the doubling of energy prices through many of its measures.

Amendment for more transparency and competition in the electricity market

An initiative by the coalition parties for more consumer information on the cheapest electricity product was also on the agenda. With the necessary two-thirds majority, the Federal Councilors unanimously voted not to raise any objections to the National Council’s legislative decision. In concrete terms, E-Control’s tariff calculator is to be further improved, discounts on electricity are to be taken into account by adjusting the partial amounts and not only in the annual statement, and the possibility of changing providers is to be pointed out.

Energy Minister Leonore Gewessler explained that the new regulation should encourage people to consider changing providers. Due to the possible savings, it is important to strengthen such comparative offers.

Isabella Kaltenegger (ÖVP/St) also saw more information about possible cheaper electricity offers as useful. She referred to potential savings of up to €500. She hopes the amendment will bring more transparency to the energy market, emphasized Kaltenegger.

The regulation would make electricity prices more comparable, but they would not fall as a result, but rather through intervention in pricing, explained Daniel Schmid (SPÖ/T).

The Liberals would support framework conditions that help the population to save costs, Michael Bernard (FPÖ/N) also welcomed the regulation.

Maria Huber (Greens/St) hoped that the change in the law should help ensure that falling prices on the electricity exchanges are actually passed on to electricity customers. In addition, energy supply companies would be obliged to provide information at the end of the contract about the possibility of switching and any cheaper tariffs from their offer.

New representatives of the Federal Council in the joint committee of the National Council and the Federal Council

The agenda of the Federal Council also included the election of members and one substitute member to the Standing Joint Committee of the National Council and the Federal Council. Three positions on the committee had to be filled as a result of the Salzburg state elections. Three Federal Council mandates from Salzburg were nominated, namely by the ÖVP Andrea Eder-Gitschthaler and by the FPÖ Marlies Doppler; the SPÖ proposed Michael Wanner as a new substitute member. The nominations were accepted unanimously. (Final Federal Council) pst/sox

NOTE: Meetings of the National Council and the Federal Council can also be followed via live stream and are available as video-on-demand in the Parliament Media Library accessible.

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