Approval Database

Initial Situation

Legal situation before the 26th KFG amendment (51st KDV amendment)

• According to § 28 KFG, producers of one type or, in the case of foreign producers, the authorized (usually general importer) vehicles and trailers as well as their chassis and individual vehicles had to be officially approved.
• In the case of type approval according to § 29 KFG, according to § 30 KFG, the manufacturer or his authorized representative had to issue a type certificate for each of the vehicles of this type brought onto the market.
• The prerequisite for the registration of a motor vehicle or trailer was, among other things, proof of the type certificate in accordance with Section 37 (2) lit.
• On the basis of the data available on the type certificate, the vehicle was registered for traffic and the registration certificate was issued. This was usually done by manually transferring the type slip data on a case-by-case basis.

Legal Position

With the entry into force of the 26th KFG amendment (or 51st KDV amendment) on 01.07.2007, an authorisation database was set up in accordance with § 30a KFG, which is maintained by the joint institution of the insurers authorised to operate motor vehicle liability insurance and is part of the central authorisation registry in accordance with § 47 para. 4 a KFG.

The essential change compared to the system valid until 01.07.2007 is that a registration may only be carried out if the corresponding data of the vehicle are entered and available in the approval database. During registration, a so-called vehicle approval document is issued, which is linked to the type certificate, certificate of conformity, etc. and in which future deregistrations and registrations are entered. For vehicles with EU type approval, a type certificate no longer needs to be issued. The confirmation for registration is no longer required. A type certificate will only be required for vehicles with national Austrian type approval and its scope will be reduced to the contents of the certificates of conformity and the required national data.

The approval data of vehicles, trailers or chassis shall be entered into the approval database by the producer or his authorised representative. The data shall be entered into the approval database online by means of remote data transmission by transmitting the approval data set for each individual vehicle. Pursuant to § 30a para. 5 KFG, in the case of small numbers of vehicles placed on the market in Austria, type data may be entered into the database by the manufacturer or his authorised representative instead of the approval data.

The manufacturer or his authorised representative must be authorised by the Federal Ministry of Climate Action, Environment, Energy, Mobility, Innovation and Technology to transmit the approval or type data to the approval database in accordance with § 30a para. 8 KFG. In addition to the technical requirements, the following requirements must be met in order to obtain this decision:

• The decision recipient (the producer or authorised representative) must either have an electronic data transfer for the data of the producer's certificates of conformity and suitable software for the conversion into the data format required for the approval database as well as the conversion of the text data into German text, or software approved by the Federal Ministry of Transport, Innovation and Technology for the recording and determination of the approval data in the approval database;
• Furthermore, it must have a quality assurance system for the permit data approved by the Ministry of Climate Action, Environment, Energy, Mobility, Innovation and Technology;

The authorisation may only be granted to trustworthy persons. The person named to the BMK as responsible for the transmission of the approval data (or type data) must be free of instructions with regard to the data entered within the organisation of the manufacturer or its authorised representative pursuant to § 29 para. 2 KFG (idR general importer) or with regard to the data to be entered (§ 21c para. 1 subpara. 2 KDV). The law provides for the possibility of revoking the authorisation (cancellation of the notice) if the error-free transmission of data is not completely guaranteed. Without authorisation in the form of an administrative decision, it is not possible to transmit approval or type data to the approval database. In this case, no vehicles can be registered. The technical and legal framework conditions for the fulfilment of all requirements for a corresponding authorisation can certainly be described as complex.

Technical solution

In accordance with the specifications of the Ministry of Climate Action, Environment, Energy, Mobility, Innovation and Technology, Section II - Type Approval, wvta Fahrzeugdaten GmbH has developed an optimal software solution so that the approval and type data required for registration can be transmitted to the approval database without errors, quickly and without great effort. This means that, despite changes in the complex legal situation, a safe and rapid approval of vehicles, trailers and chassis for manufacturers, general importers and authorised representatives within the meaning of the KFG.

In this context, the following services are offered by wvta Fahrzeugdaten GmbH:

• Collection of vehicle data via the producer or general importer as it currently exists
• Preparation and transfer of the existing data into the strictly legally regulated approval data set
• Direct forwarding of the error-free permit data set to the permit database
• Providing the quality assurance system to be approved for the permit data
• Provision of the software solution within the scope of licensing including corresponding training
• Ongoing maintenance of the software solution to keep it up to date with the latest technology
• Technical service hotline
• Software training through seminars, lectures and customer visits
• Professional technical and legal support

wvta Fahrzeugdaten GmbH shall ensure that every producer, general importer or authorised representative has suitable access and transmission software and a quality assurance system within the meaning of the amended legal provisions as of 01.07.2007.

Benefits

Inexpensive outsourcing of the acquisition, conversion and forwarding of approval data to the approval database instead of setting up and setting up an in-house, cost-intensive software development and data acquisition department

• Use of existing software to be approved by the BMK and quality assurance
• Continuous state-of-the-art software development
• Highest level of data security and protection
• Compliance with all legal and technical requirements of the new legal situation as of 1.7.2007
• Rapid and simple practical solution; no separate data preparation required

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