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CRIME

Does Austria have a street car racing problem?

A fatal accident involving a speeding driver in the streets of Austria's capital Vienna has once again sparked the debate about illegal car racing in the country.

Published: 16 September 2022 15:37 CEST
Updated: 25 October 2022 08:17 CEST
Does Austria have a street car racing problem?
Is street racing a problem in Austria? (Photo by Lucas Ludwig on Unsplash)

A 26-year-old man sped through the streets of central Vienna in his Mercedes on a Sunday evening.

After he failed to stop at a red light he mowed into a car being driven by a 48-year-old woman. She later died in hospital.

The police had said a video recorder at the time of the accident showed evidence the driver was taking part in some kind of illegal race. Even though a Vienna court later said it saw “no evidence at all” that indicates street racing, the debate was already ignited.

Does Austria, and especially Vienna, have an illegal car racing problem?

According to the Viennese police, there are no statistics specifically for street racing. However, “there is an active racing scene in Vienna”, spokesperson Markus Dittrich told The Local.

READ ALSO: What happens if you get arrested in Austria?

Estimates put the number of “members of the illegal scene” in Vienna between 800 to 1,000 people. Current hotspots are still the area around Kahlenberg, Triester Straße, the Oberlaa area and the Kagran business park.

The police measured instances of speeding and from April to August 2022, around 6,500 reports were placed in the capital and 30 driving licenses were confiscated on site.

What are the police currently doing?

“In order to take decisive action against the active racing scene, checks have been significantly increased.”

“Furthermore, coordinated traffic planning checks are being carried out by the Vienna police department and various city police commands, and the relevant municipal departments are also involved”, Dittrich said.

In August, the City of Vienna took action in one of the “hotspots” for racing, adding 65 concrete barriers to prevent races in the car park in Kahlenberg, as The Local reported.

As racers move to different areas once blocks are put in place, the police also resort heavily on the two consequences it can impose: high fines and the revocation of driving licenses.”.

READ ALSO: Vienna wants to take action against speeding drivers

Fines can reach up to €5,000 on higher offences, such as driving 40 km/h or more over the speeding limit in a city (or 50 km/h above limits on a road). In addition, driving licences can be withheld for one month or three months in the case of repeated offences.

From an excess of 80 km/h, the license is taken away for half a year.

Calls for changes in the law

The recent debate in Austria has also now brought the issue of possible changes in the law, with experts claiming that the current legislation might not be sufficient.

Illegal racing is not a crime per se, but offences such as “endangering physical safety” or “deliberate endangerment of the public” are applied. If people are killed or injured, the crime is negligence – with up to three years in prison possible for those convicted of grossly negligent homicide.

READ ALSO: Everything you need to know about driving on the autobahn in Austria

Some are asking for “zero tolerance“, saying that the crimes should not be seen as negligence but as murder – those who drive too fast or under the influence of alcohol take a risk knowing they might kill someone.

Others, however, say that turning negligence into murder holds a trap. “Attempted murder is also punishable. So the penalty for just participating in an illegal auto race where nothing happened? In practice, for example, 12 years in prison for 350 meters of a car race on Triester Straße?” wrote Constitutional Court member Dr Michael Rami on Twitter.

Still, the head of the legal services at Austria’s traffic authority ÖAMTC, Martin Hoffer, told public broadcaster ORF: “To prove murder against someone, you, of course, have to prove the corresponding intentionality”.

“That doesn’t mean a specific intention to kill a certain person, but to seriously consider it possible (and to accept) that someone may die in that situation.” So, a racing driver may not set out to kill someone, but they acknowledge that their actions could result in somebody’s death.

That could be a realistic scenario in an illegal race – and the debate in Austria continues.

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For members

RENTING

‘Betriebskosten’: What are the extra costs renters must pay in Austria?

Renting an apartment in Austria means you’ll have to budget not only for the rent, but other somewhat hidden monthly costs and expenses.

Published: 30 April 2024 11:29 CEST
'Betriebskosten': What are the extra costs renters must pay in Austria?

Understanding operating costs or the specific expenses landlords or property agencies charge renters, is crucial for staying on top of your monthly payments when renting a place in Austria. These extra costs, known in German as Betriebskosten, are strictly regulated by Austria’s Tenancy Act. 

Here are the operating expensses that are chargeable to tenants, according to the MieterHilfe Public Association:

  • Water/wastewater and costs of leak testing, plus excess consumption due to burst pipes, but does not include disproportionate additional consumption for commercial operations;
  • Rubbish removal (and also clearing out floors and cellars);
  • Clearing out abandoned property;
  • Pest control, with costs such as extermination and periodic inspection or removal of pigeon droppings. Installation of pigeon screens is not included;
  • Sweeping fees (chimney sweep);
  • Electricity for lighting and communal facilities, such as the stairwell, but also replacement of light bulbs, fuses or switches;
  • Insurance premiums for fire, liability and water damage;
  • Insurance premiums for glass breakage and storm damage provided that more than half of the tenants have agreed to this being passed on;
  • Management fee (there is a set administration fee per square metre of usable space and building construction year)
  • House cleaning, including wages and social payments if there is a caretaker, plus materials; 
  • Public charges, unless there is a prohibition on passing them on – offsetting of property taxes is permitted;
  • Ongoing operating costs for communal facilities (lift, heating, playground, green areas, common rooms, etc.).

However, costs such as maintenance and repair work can never be charged under operating expenses.

The same goes for any ‘disproportionate additional costs or consumption due to commercial operations ‘, which refers to costs that are significantly higher than what would be considered normal for residential use or costs that are incurred due to the operation of a business within the rented property. 

READ ALSO: Tenant or landlord – Who pays which costs in Austria?

Vienna’s association for tenants MieterHilfe has a calculator that uses average values to show whether the Betriebskosten you pay are comparatively low, medium or high. The association notes, however, that even low values could be considered unauthorised billing in some cases. In contrast, high values could be correct – the calculator only shows if you are paying too much compared to other properties in the city.

You can check the values HERE. You will need to know either the total usable area of the building or the usable area of the flat and the operating cost share—this information is usually shown in a payment statement you receive from property management. 

What if I believe I am being unfairly charged?

If you think you are paying too much, but the charges are legal – such as for water electricity etc, then you would need to raise this issue with property management. They could take measures to save on operating costs, such as replacing old light bulbs with more energy-efficient ones or setting lights to a timer instead of a traditional light switch, for example.

There are many possible reasons for high or low values, according to the City of Vienna. For example, you may pay comparatively low for water one year because of a small number of residents, while the following year, there are leaking sanitary facilities and a burst water pipe that raises costs.

Buildings with many communal areas and green spaces often tend to have higher operating costs, especially for water, electricity, and housekeeping. 

However, things are different if you think you are being unduly charged—that is, there are charges in the operating costs that do not belong there, such as unapproved construction repair.

READ ALSO: Renting in Austria – The key things foreign residents need to know

If you are unsure of the costs, there is a significant deviation from average prices for no particular reason, or you believe that you are being charged for something not legally admissible as an operating cost, you could have a free check carried out by MieterHilfe or a tenant protection organisation. 

If there is a suspicion of unauthorised billing that cannot be dispelled between tenants and the property management company, this will be clarified at the arbitration board. The arbitration board is an independent body that mediates disputes between tenants and landlords. It is a point of contact before the courts in case of difficulties or legal disputes, and its decision is legally binding.

Property management companies and landlords must settle the operating costs for the previous year by 30 June at the latest and disclose them to tenants. This deadline is set to ensure that tenants have sufficient time to review their cost statements and raise any concerns before the new rental year begins. All expenses must be itemised in the statement, providing transparency and allowing tenants to see exactly what they are being charged for.

They are obliged to provide tenants with a detailed summary of the statement and the invoice documents. If the operating costs per square metre exceed €2, a more detailed review is recommended, according to the City of Vienna.

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