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.
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