Posted the: 2014-07-09 Numac: 2014014330 FEDERAL PUBLIC SERVICE mobility and transport 10 June 2014. -Law concerning 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) PHILIPPE King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Preliminary and definitions Article 1.
This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. this Act applies to the international regular services whose place of ascent or descent is on Belgian territory with the exception of transport referred to in article 6, § 1, X, paragraph 1, 8º, of the Special Act of 8 August 1980 institutional reforms.
The provisions of Chapter 4 does not apply to carriage which is the distance laid down is less than two hundred and fifty kilometres.
S. 3. for the purposes of this Act, it has to be understood by: 1 ° "regulation": Regulation (EC) 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;
2 ° 'competent public authority': the competent public authority designated by the royal decree of February 11, 2013 designating an authority responsible for the application of 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;
3 ° "working days": all days of the week except Saturdays, Sundays and legal holidays;
4 ° "complaint": any denunciation of a crime supposed to regulation.
4. for the calculation of the time limits indicated in this Act, the due date is included in the period.
However, if that day is a Saturday, a Sunday or a legal holiday, the due date was postponed to the first following working day.
CHAPTER 2. -Complaints art. 5. a passenger may file a complaint without charge to the competent public authority.
The complaint by letter, by fax or by electronic form put at disposal by the competent public authority.
The complaint includes the following: 1 ° the identity and address of the complainant;
2 ° a statement of facts;
3 ° the parts that the complainant considers necessary.
S. 6. without prejudice to paragraphs 2 and 3, a complaint to the competent public authority be admissible only if it is filed within a period of one year after the offence alleged regulation took place.
A complaint against a transport undertaking is admissible only if the passenger has first filed a complaint through the mechanism of the complaints of the carrier and that, in accordance with article 27 of Regulation No solution has been found for this complaint.
A complaint against a transport undertaking is admissible only if it is filed within a period of six months after the passenger has received or should have received a final response from the carrier, in accordance with article 27 of the regulation.
Without prejudice to paragraphs 1, 2 and 3, the competent public authority refuses the processing of a complaint: 1 ° if it is manifestly unfounded;
2 ° if it brings no new elements to a complaint previously filed by the same person and that has already been addressed by the competent public authority.
7 § 1. When the public authority deal with a complaint, it shall examine whether a regulation offence was actually committed. The complainant is informed of the final outcome of this review by letter, fax or e-mail.
§ 2. If the public authority does not deal with a complaint or pursue treatment, in accordance with articles 5 and 6, it shall inform in writing the complainant stating the reasons within a period of thirty days from the receipt of the complaint.
§ 3. A complaint to a bus or coach transport or service associated, which does not fall within the competence of the public authority in accordance with article 28 of the regulation, is returned to the relevant Department of the regional or foreign authority within a period of thirty days from the receipt of the complaint.
The complainant is informed, by letter, fax or e-mail within a period of fifteen days after the consignment referred to in paragraph 1.
CHAPTER 3. -Search and finding of offences art.
8. the King refers to officials and authority officials to search and see violations of the regulations.
These people find these offences by verbatim records authentic until evidence to the contrary, addressed to the competent public authority.
CHAPTER 4. -Sanctions Section 1st. -Principles s. 9. infringements of the regulation are punished by an administrative fine per offence amounts are outlined in the annex to this Act.
S. 10. in the event of a subsequent offence within three years, the competent public authority may impose an administrative fine of an amount greater than the amount referred to in article 9, but not more than double this amount.
S. 11. in the event of concurrent punishable behaviour, a single administrative fine proportional to the seriousness of the facts is pronounced. It cannot be greater than 10,000 euros or the total of the maximum fines that may be imposed for non-concurrent similar facts.
S. 12. if extenuating circumstances were retained in the decision to impose a fine, the amount thereof may be decreased below the amount mentioned for that offence in the schedule, but not be less than EUR 60.
S. 13 § 1. Where there are grounds to believe that an effective in the specific case fine is too high or is not desirable, the competent authority may grant, in whole or in part, the stay of execution of the payment of the administrative fine for as much as it has not imposed an another administrative fine the offender within a period of one year before the offence.
§ 2. The stay applies for a probationary period of one year. The trial period begins to run from the date of notification of the decision to impose an administrative fine.
§ 3. The suspension is revoked right when a new offence gives rise to a decision imposing a new administrative fine.
The revocation of the suspension is notified by the same decision as that which imposes the administrative fine for this new offence.
§ 4. The administrative fine which payment becomes enforceable following the Procedure of suspension revocation is accumulated without limit with that imposed by the head of the new offence.
S. 14. no administrative penalty may be imposed more than two years from the day where the offence was committed.
Section 2. -Procedure art.
15 § 1. When an offence is discovered in accordance with article 8, paragraph 2, the competent authority shall notify the person concerned within a period of 30 days from the day when the offence is detected, a copy of the minutes referred to in article 8, paragraph 2.
Where an alleged offence is established on the basis of a complaint, the competent public authority shall notify within thirty days after receipt of the complaint, a copy of the complaint to the person concerned, except in the cases defined in articles 6 and 7, §§ 2 and 3.
§ 2. The copies referred to in paragraph 1, subparagraphs 1 and 2, shall be accompanied by a written: 1 ° the facts for which an administrative penalty 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 ability to send by letter, fax or e-mail to the competent public authority, within a period of thirty days from the date of notification its defences and, possibly, a request for hearing.
If the competent authority receives a request pursuant to paragraph 1, 4 °, it has 15 days from the receipt of the application to notify the person concerned by letter, fax or email the date of the hearing session. The hearing session must take place between the fifteenth and no later than the thirtieth day after the dispatch of this notification.
S. 16. it was until after the thirty day period referred to in article 15, § 2, 4 ° or if necessary, after the hearing of the person concerned, that the competent authority takes a decision on the facts that are the subject of the procedure.
It shall notify this decision to the person concerned by registered letter.
The decision imposing an administrative fine shows, under penalty of nullity, its amount and possible remedies against the decision.
CHAPTER 5. -Provisions transitional art. 17. till March 1, 2018, transport companies are exempted from the obligation to provide for their drivers awareness training to disability, as referred to in annex II, part A to regulation.
Given to Brussels, June 10, 2014.
PHILIPPE by the King: the Minister of the Interior, Ms. J. MILQUET. the Minister of finance, K. GARG the Secretary of State for mobility, M.
WATHELET sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session oriniare 2013-2014.
House of representatives.
53-3484 - NO. 1. -Text corrected by the commission 53-3484 - No. 2. -Text adopted in plenary meeting and transmitted to the Senate, 53-3484 - No. 3.
Compte rendu intégral. -22 and April 23, 2014 Senate.
-Project mentioned by the Senate, 5-2877/3 - No. 1. -Report 5-2877/3 - No. 2. -Decision not to amend, 5-2877/3 - No. 3.
The annex to the Act of June 10, 2014, implementing 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.
Annex offence Regulation (EU) No 181/2011 Euro 1 amount a.
Failure to comply with the obligations relating to the availability of tickets. Article 4, paragraph 1er500 1 b. Failure to comply with the prohibition to propose contractual terms and conditions and discriminatory rates based on nationality. Article 4, paragraph 2 10.000 2. Failure to comply with the prohibition to limit or remove the obligations towards passengers laid down by the regulation, notably by a derogation or restrictive clause contained in the contract of carriage. Article 6, paragraph 3 (a) 1er1.250. Failure to comply with the obligations in the event of death or injury to passengers. Article 7 2,500 3B.
Failure to comply with the obligations in the event of loss or damage to baggage. Article 7 1,250 4.
Failure to comply with the obligation to provide a reasonable and proportionate assistance covering the immediate practical needs of passengers accident Article 8 2,500 5a.
Failure to comply with the prohibition to refuse a passenger on the basis of his disability or reduced mobility, except in the cases provided for in art. 10.1 of the regulations. Article 9, paragraph 5 (b) 1er2.500. Failure to comply with the ban on request a supplement for persons with disabilities and persons with mobility for their reservations and tickets. Article 9, paragraph 2 10,000 6a.
Failure to comply with the obligation to communicate the reasons for which it is refused in accordance with article 10, paragraph 1 of the regulation, communicate, in writing, to the passenger these reasons within a period of five working days of his request and to inform the passenger of any acceptable alternative service operated by the carrier in the event of refusal of reservation and issuance of the ticket to the passenger. Article 10, paragraphs 2 and 5 1,250 6B.
Failure to provide the passenger who has a reservation or a ticket but that because of his disability or his mobility has been denied permission to come aboard, the choice between reimbursement or the continuation of the journey by another reasonable transportation. Article 10, paragraph 3 1,250 6 c. Failure to comply with the obligation to allow a passenger to be accompanied, free of charge, by a person of his choice to provide her with the assistance it requires to escape the grounds for refusal. Article 10, paragraph 4 1,250 7.
Failure to comply with the obligation to provide information in relation to the conditions of access to transport for people with a disability or reduced mobility. Article 11, paragraphs 2, 3, 4 and 5 5,000 8A. Breach of the duty to provide free assistance defined in annex Ire has), to people with disabilities or mobility impairments in the designated terminals. Article 13, paragraph 8 (b) 1er5.000. Breach of the duty to provide free assistance defined in annex Ire, b), persons with a disability or a disabled on buses and coaches. Article 13(2) 5,000 9. Failure to comply with the obligations relating to the conditions under which assistance is to be provided. Article 14, paragraphs 3, 4 and 5 5,000 10.
Failure to comply with the obligation to notify information as soon as possible during normal hours of office, the carrier or the managing body of station. Article 15 500 11.
Failure to comply with the obligation to provide for procedures for training the disabled, including instructions.
Article 16 10,000 12A. Failure to comply with the obligation to compensate for loss or damage to wheelchairs, mobility equipment or other assistive devices. Article 17, paragraphs 1 and 2 1,250 12B.
Breach of the obligation to do everything possible to make, if necessary, quickly available equipment or replacements in the event of loss or damage to wheelchairs, mobility equipment or assistive devices. Article 17, paragraph 3 1,250 13.
Failure to comply with the obligation to provide term sufficient reimbursement or re-routing (alternative route or vehicle) in case of cancellation or delay more than 120 minutes. Article 19 1,250 14. Failure to comply with the obligation to inform in case of cancellation or delayed start of a scheduled service. Article 20 1,250 15.
Failure to comply with the obligation to provide assistance in case of cancellation or departure of a station delayed more than ninety minutes to travel the duration is more than three hours.
Section 21 1,250 16. Breach of the duty to provide information on the trip during the trip. Article 24 2,000 17.
Failure to comply with the obligation to inform travellers on the rights conferred on them by the regulation.
Article 25 5,000 18. Failure to comply with the obligation to put in place a mechanism for handling complaints and complaints received within the deadlines. Blogs 26 and 27 10,000 seen to be annexed to the Act of June 10, 2014, implementing 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.
PHILIPPE by the King: the Minister of the Interior, Ms. J. MILQUET. the Minister of finance, K. GARG. the Secretary of State for mobility, M. WATHELET