Advanced Search

Act On The Implementation Of The Regulation (Eu) No 181/2011 Of The European Parliament And Of The Council Of February 16, 2011 Concerning The Rights Of Passengers In Bus And Coach Transport And Amending Regulation (Ec) No 2006/2004 (1)

Original Language Title: Loi portant exécution du Règlement (UE) n° 181/2011 du Parlement européen et du Conseil du 16 février 2011 concernant les droits des passagers dans le transport par autobus et autocar et modifiant le Règlement (CE) n° 2006/2004 (1)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
belgiquelex.be - Carrefour Bank of Legislation

10 JUIN 2014. - Act implementing Regulation (EU) No 181/2011 of the European Parliament and Council of 16 February 2011 concerning the rights of passengers in bus and bus transport and amending Regulation (EC) No 2006/2004 (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - Preliminary provisions and definitions
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. This Act applies to scheduled international transport services, the place of rise or descent in Belgian territory except for the carriage referred to in Article 6, § 1er, X, paragraph 1er8° of the special law of 8 August 1980 of institutional reforms.
The provisions of Chapter 4 do not apply to carriage whose planned distance is less than two hundred and fifty kilometres.
Art. 3. For the purposes of this Act, it shall be understood by:
1° "Regulation": Regulation (EC) No. 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No. 2006/2004;
2° "competent public authority": the competent public authority designated by the Royal Decree of 11 February 2013 designateing an authority responsible for the application of Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and bus transport and amending Regulation (EC) No. 2006/2004;
3° "working days": every day of the week with the exception of Saturdays, Sundays and legal holidays;
4° "please": any denunciation of an alleged offence to the regulation.
Art. 4. For the calculation of the time limits set out in this Act, the day of the due date is included within the time limit.
However, if this day is a Saturday, a Sunday or a legal holiday, the day of maturity is postponed to the next business day.
CHAPTER 2. - Complaints
Art. 5. A passenger may file a complaint without charge with the competent public authority.
The complaint is filed by letter, fax or electronic form made available by the competent public authority.
The complaint includes:
1st the complainant's identity and address;
2° a statement of facts;
3° all the documents that the complainant considers necessary.
Art. 6. Without prejudice to paragraphs 2 and 3, a complaint to the competent public authority is admissible only if it is filed within one year of the alleged offence of the regulation.
A complaint against a transport company is admissible only if the passenger first filed a complaint through the carrier's complaints mechanism and that, pursuant to section 27 of the regulations, no solution was found for that complaint.
A complaint against a carrier is admissible only if it is filed within six months after the passenger has received or should have received a final response from the carrier pursuant to section 27 of the regulations.
Without prejudice to paragraphs 1er, 2 and 3, the competent public authority refuses the treatment of a complaint:
1° if it is manifestly unfounded;
2° if the person does not bring any new evidence to a complaint previously filed by the same person and has already been dealt with by the competent public authority.
Art. 7. § 1er. When the competent public authority deals with a complaint, it examines whether an offence to the regulation has actually been committed. The complainant is informed of the final outcome of this review by letter, fax or email.
§ 2. If the competent public authority does not deal with or prosecute a complaint, in accordance with sections 5 and 6, it shall notify the complainant in writing of the reasons within thirty days of receipt of the complaint.
§ 3. A complaint relating to a bus or bus transport or a service associated with it, which does not fall within the jurisdiction of the competent public authority in accordance with section 28 of the regulations, shall be referred to the competent service of the regional or foreign authority within thirty days of receipt of the complaint.
The complainant is notified by letter, fax or e-mail within fifteen days of the shipment referred to in paragraph 1er.
CHAPTER 3. - Research and recognition of offences
Art. 8. The King shall designate officials and officials of the authority responsible for the investigation and examination of the offences of the regulation.
These persons note these offences by the establishment of minutes to prove the contrary, addressed to the competent public authority.
CHAPTER 4. - Sanctions
Section 1re. - Principles
Art. 9. Offences to the regulation are punishable by an administrative fine whose amounts per offence are defined in the Schedule to this Act.
Art. 10. In the event of recidivism within three years, the competent public authority may impose an administrative fine in an amount greater than the amount referred to in section 9, but not more than twice that amount.
Art. 11. In the event of concomitant punishable behaviours, a single administrative fine commensurate with the gravity of all the facts is imposed. This may not exceed 10,000 euros or a total of the maximum fines that may be pronounced for similar non-competitive facts.
Art. 12. If mitigating circumstances have been taken into account in the decision to impose a fine, the amount of the fine may be reduced below the amount mentioned for that offence in the schedule, but not less than 60 euros.
Art. 13. § 1er. In the event that there are grounds to believe that an effective fine in the concrete case is too high or undesirable, the competent public authority may grant, in whole or in part, the stay of the execution of the administrative fine as long as it did not impose another administrative fine on the offender within one year of the offence.
§ 2. The stay is for a one-year probation period. The probation period begins to run from the date of notification of the decision to impose an administrative fine.
§ 3. The stay is revoked in full law when a new offence is a decision that imposes a new administrative fine.
The revocation of the stay is notified by the same decision as the administrative fine for this new offence.
§ 4. The administrative fine whose payment becomes enforceable following the revocation Procedure for the stay is accumulated without limit with that imposed by the head of the new offence.
Art. 14. No administrative fine may be imposed more than two years from the day the offence was committed.
Section 2. - Procedure
Art. 15. § 1er. Where an offence is found in accordance with Article 8, paragraph 2, the competent public authority shall notify the person concerned within 30 days of the day on which the offence is found, a copy of the record referred to in Article 8, paragraph 2.
Where an alleged offence is found on the basis of a complaint, the competent public authority shall notify the person concerned within 30 days of receipt of the complaint, except in the cases defined in Articles 6 and 7, §§ 2 and 3.
§ 2. Copies referred to in paragraph 1erParagraphs 1er and 2, are accompanied by a written mentioning:
1 the facts for which an administrative fine procedure is initiated;
2° the days and hours during which he has the right to consult his file;
3° the right to be assisted by counsel;
4° the possibility to send by letter, fax or e-mail to the competent public authority, within thirty days of the date of notification, its defence and, possibly, an application for hearing.
If the competent public authority receives an application in accordance with paragraph 1er, 4°, it has fifteen days from receipt of this request to notify the interested person by letter, fax or email of the date of the hearing. The hearing session must be held between the fifteenth and no later than the thirtieth day after this notification is sent.
Art. 16. It is only after the thirty-day period referred to in Article 15, § 2, 4°, or, where applicable, after the hearing of the person concerned, that the competent public authority makes a decision on the facts that are the subject of the proceedings. It notifies this decision to the interested person by registered letter.
The decision imposing an administrative fine indicates, under penalty of nullity, its amount and possible remedies against the decision.
CHAPTER 5. - Transitional provisions
Art. 17. Up to 1er March 2018, transport companies are exempted from the requirement to provide for their drivers, disability awareness training, as set out in Schedule II, Part A of the Regulations.
Given in Brussels on 10 June 2014.
PHILIPPE
By the King:
The Minister of the Interior,
Ms. J. MILQUET
Minister of Finance,
K. GEENS
The Secretary of State for Mobility,
Mr. WATHELET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session oriniare 2013-2014.
House of Representatives.
Documents. - Bill, 53-3484 - No. 1. - Text corrected by the commission, 53-3484 - No. 2. - Text adopted in plenary and transmitted to the Senate, 53-3484 - No. 3.
Full report. - 22 and 23 April 2014
Senate.
Documents. - Project referred to by the Senate, 5-2877/3 - No. 1. - Report, 5-2877/3 - No. 2. - Decision not to amend, 5-2877/3 - No. 3.

Annex to the Act of 10 June 2014 implementing Regulation (EU) No 181/2011 of the European Parliament and the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004.
Annex

Seen to be annexed to the Act of 10 June 2014 implementing Regulation (EU) No 181/2011 of the European Parliament and the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004.
PHILIPPE
By the King:
The Minister of the Interior,
Ms. J. MILQUET
Minister of Finance,
K. GEENS
The Secretary of State for Mobility,
Mr. WATHELET