Flying the flag in Austria: rules for red-white-red

Austrian law is deliberately generous about the use of the flag. The Austrian Armed Forces’ flag order states that there are no statutory rules at all on the correct use of the state symbols. Two things are regulated: what the flag looks like and who may use the service flag with the federal coat of arms. Everything else – times, procedures, order of precedence – rests on decrees for official buildings and on customs that many people also follow privately.

What the law says

Under Article 8a(1) B-VG, the colours of the Republic are red-white-red, and the flag consists of three horizontal stripes of equal width: red at the top and bottom, white in the middle. Section 3 of the Coat of Arms Act repeats this description and distinguishes:

• Flag of the Republic of Austria: red-white-red without additions. The act sets no ratio for it.
• Federal service flag: the same flag with the federal coat of arms in the middle, reaching evenly into both red stripes, in a ratio of two to three.

Use of the flag itself and of images of the flag is permitted under section 7 of the Coat of Arms Act as long as it is not likely to feign a public authority or to harm the reputation of the Republic. The act provides for no permit and no restriction to particular occasions.

The service flag is reserved for the authorities

Under section 6 in conjunction with section 4(2) and (3) of the Coat of Arms Act, the right to use the service flag lies with, among others, the Federal President, the Presidents of the National Council, the members of the Federal Government, federal authorities and offices, the state governor acting for the federal administration, the Armed Forces, the Federal Forests and the universities. Under section 8, anyone who uses the service flag without authorisation, or uses the flag in a way likely to feign a public authority or harm the reputation of the Republic, commits an administrative offence. The district administrative authority can impose a fine of up to 3,600 euros.

Businesses face a particular rule: using the federal coat of arms in business is a state award under section 68 of the Trade Act, granted by the Minister of Economic Affairs. Without this award, commercial businesses may not use the federal coat of arms in business. More in the guide to flagpoles for businesses.

Hoisting and lowering

There are no statutory rules for hoisting. The Armed Forces’ flag order and the article by the Ministry of the Interior describe the usual practice:

• The flag is hoisted so that its stripes are at right angles to the pole, flying horizontally.
• Without an anthem, the flag is hoisted briskly and lowered slowly. With the national anthem, it is raised evenly so that it reaches the top with the last bar.
• The flag does not touch the ground when hoisted or lowered.
• With several flags, the flag in the place of honour is hoisted first and lowered last.
• Under the Armed Forces’ flag order, several flags on one pole are not permitted; each flag has its own pole of the same height.

When a flag is hoisted or lowered, it is customary to turn towards the pole and stand respectfully; people in uniform salute and men in civilian dress remove their hats. This is how the Ministry of the Interior describes it.

Day and night

Under the Armed Forces’ flag order, flags on poles are generally lowered at dusk. If they stay up overnight, they are adequately lit. Hanging flags on façades, by contrast, stay up all night and are not lit. These times are not binding on private individuals. More in the guide to flag lighting.

What is considered inappropriate

The Armed Forces’ flag order and the Ministry of the Interior name several practices considered inappropriate:

• inscriptions, drawings and pictures on Austrian flags,
• the flag cloth gathered as decoration or stretched over a lectern,
• the flag as a cover when unveiling a monument,
• worn-out flags: faded, torn or shabby flags are taken out of use.

Treatment of the flag becomes a criminal offence under section 248(2) StGB if someone publicly and maliciously insults, scorns or otherwise disparages a flag of the Republic or of a federal state displayed on a public occasion or at an event open to the public. The penalty is up to six months’ imprisonment or up to 360 daily rates.

State and municipal flags

The federal states regulate their own colours, and several states expressly allow anyone to use the state colours as long as this does not harm the state’s reputation. Vienna, for example, states in its act on the symbols of the federal capital that anyone may use the red-white flag. State and municipal coats of arms, by contrast, are protected. More in the guide to the flags of the federal states. When and how flags fly at half-mast is described in the guide to half-mast.