Fundamental Rights Section lic transport vehicles. In the case of all other existing and compulsorily notifiable infectious diseases there is no direct risk potential in means of public transport, taxis, leased cars etc. The Ombudsman Board is therefore of the opinion that an exclusion of all these persons from carriage in public service vehicles on the basis of legal provisions and/or transport conditions constitutes a discrimination on the basis of a disease. The Ombudsman Office addressed the competent Federal Minister for Transport, Innovation and Technology and recommended an amendment of the transport conditions. Meanwhile, the Federal Minister for Transport, Innovation and Technology has announced that Sect. 3 of the Kraftfahrliniengesetz-Durchführungsverordnung (Implementing Regulation to the Federal Law on the Scheduled Transportation of Persons with Motor Vehicles) will be amended as meaning that a person may be excluded from transportation only if pursuant to federal legislation (Epidemiegesetz 1950 - Law on Epidemic Diseases of 1950 including regulations) there is a risk of contagion. Furthermore, the Ombudsman Board informed the transport undertakings participating in the public transport association about its efforts and requested them to apply for an amendment of any deviating transport conditions within the meaning of the abovementioned regulation. At the same time, also 'Wiener Linien' (Vienna Public Transport Department) declared that it would be appropriate to bring the wording of their transport conditions into line with the suggestions of the Ombudsman Board. They promised the Ombudsman Board to bring up this issue also within the 'Verkehrsbund Ost Region' (a union of all Viennese and peripheral public lines that controls the rates and time tables). As at this report’s press date, no results of these initiatives have been yet available to the Ombudsman Board. 85

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