Posted the: 2014-06-12 Numac: 2014014287 FEDERAL PUBLIC SERVICE mobility and transport may 15, 2014. -Law on the rights and obligations of rail passengers PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution Chapter 2. -Definitions art. 2. for the purposes of this Act, it has to be understood by: 1 ° "regulation": Regulation (EC) no 1371/2007 of the Parliament and the Council of 23 October 2007 on the rights and obligations of rail passengers
2 ° 'authority': the authority designated in accordance with article 3;
3 ° "complaint": any denunciation infringement supposed to Regulation;
4 ° "administration": the authority of railway transport.
CHAPTER 3. -The authority responsible for the application of regulation s. 3 the King shall designate the authority responsible for the application of the regulation.
CHAPTER 4. -Monitoring and control article 4 § 1.
The King nominates administration staff who are responsible for search and found violations of the regulations which may give rise to administrative fines.
The King determines the model of the identity cards of members of the staff of the authority referred to in article 3.
§ 2. In order to gather all the necessary information to research and to the finding of the offences, members of the staff designated by the King are authorised to carry out all findings, gather information, take statements, introduction documents, papers, books and objects that are necessary for the accomplishment of their mission.
§ 3. The staff members referred to the § 1 shall be bound by the duty of discretion with respect to information obtained in the exercise of their monitoring missions.
S. 5 § 1.
Designated members of the staff find the offences by reports that prima facie evidence to the contrary, a complaint, following a spontaneous control, or on the basis of the documents in the administrative file.
The report is dated and signed by its editor.
He mentions at least: 1 ° the name of the alleged offender;
2 ° the offence and its legal basis, if applicable;
3 ° the place, the date and time of the finding of the infringement, where appropriate.
CHAPTER 5. -Complaints art. 6 § 1. Every traveller can lodge a complaint with the authority free of charge. The complaint is lodged by letter, by fax or by electronic form of authority or orally and in person.
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.
§ 2. If the Authority considers the complaint admissible, it shall notify in writing to the complainant within a period of thirty days from the date of receipt and shall simultaneously inform the undertaking which is the subject of the complaint.
§ 3. The Authority refuses the processing of a complaint and declares the complaint inadmissible: 1 ° if it is manifestly unfounded;
2 ° If the content relates to facts that occurred before December 3, 2009, date on which the regulation entered into force;
3 ° If the content of the complaint is based on a section of the regulations about which the Belgian State has granted a derogation, in accordance with the procedure of article 2 of regulation and during the period of validity of this derogation;
4 ° if it is identical to a previous complaint dealt with by the authority and contains no new elements compared to the previous complaint;
5 ° If the facts are prescribed in accordance with the time limit referred to in article 14.
§ 4. If the authority does not deal with a complaint or pursue treatment, it shall notify in writing to the complainant within a period of thirty days from the date of receipt by mentioning the reasons.
§ 5. A complaint in connection with a train journey or service which was not held on Belgian territory is sent in writing by the authority to the designated as competent authority for the treatment by the Member State on whose territory the journey by train or service took place.
The complainant is notified in writing within a period of thirty days after the mailing to the organization mentioned in the preceding paragraph.
S. 7. If the complaint is admissible, the authority designates immediately one of the staff members referred to in article 4, in order to gather all the necessary information to research and to the finding of this offence.
The staff member draws up a report in accordance with article 5.
The processing time of the complaint by the designated staff member is three months from the receipt of the complaint.
The report and the administrative file are immediately transmitted to the authority.
If the authority finds a violation of the regulation, the procedure provided for in articles 11 et seq. applies.
The authority shall inform the complainant of the outcome of its complaint at the end of the review.
It shall also inform the undertaking concerned where it does not find a violation of the regulation.
8. the railway undertaking responds to requests for information by the authority within thirty days.
CHAPTER 6. -Fines Administrative Section 1st. -Constitutive behaviour of an offence arts. 9 are constitutive of an offence the following conduct: 1 ° refusal made by a railway undertaking to allow a traveler to carry his bicycle on the train in the conditions laid down by article 5 of the regulation;
2 ° the limitation or exemption from the obligations to passengers arising from regulation by the railway undertakings in accordance with article 6 of the regulation;
3 ° the lack of prior information to the implementation of the decisions to discontinue the service in accordance with article 7 of the regulation;
4 ° the lack of information before travel and during these in accordance with article 8 of the regulation;
5 ° failure to fulfil obligations relating to the availability of tickets, the tickets and reservations in accordance with article 9 of the regulation;
6 ° failure to comply with the procedures required by article 10, § 1, 2 and 4 of regulation; for information and booking of tickets by automated means
7 ° the disclosure of personal information within the meaning of article 10, § 5, of the regulation;
8 ° failure to fulfil obligations on liability for death and injury of passengers in accordance with article 11 of the regulation;
9 ° failure to fulfil obligations on liability for baggage, animals, luggage and vehicles in accordance with article 11 of the regulation;
10 ° breach of the duty in terms of coverage of insurance for liability to the passenger in accordance with article 12 of the regulation;
11 ° the fact that the railway undertaking, not to respond to the request for information made by the authority in accordance with article 8;
12 ° the breach of the duty of payment of advances to the natural person entitled to compensation if a passenger is killed or injured, in accordance with article 13 of the regulation;
13 ° breach of the duty to assist the passenger claiming compensation to third parties in the event of bodily injury, in accordance with article 14 of regulation;
14 ° breach of the obligations relating to liability for delay, missed connection and cancellation, determined by title IV, chapter II, of annex first of regulation, in accordance with article 15 of the regulation;
15 ° breach of the duty to provide reimbursement or re-routing in case of delay of more than sixty minutes in accordance with article 16 of the regulation;
16 ° breach of the duty to compensate passengers when the delay did not give rise to a refund of the ticket in accordance with article 17 of the regulation;
17 ° breach of the duty of assistance to passengers in the event of delay of more than sixty minutes in accordance with article 18 of the regulation;
18 ° breach of the duty to ensure the rules of non-discriminatory access applicable to the carriage of disabled persons and persons with reduced mobility in accordance with article 19, § 1, of the regulation;
19 ° breach of the prohibition of discriminatory treatment of persons with reduced mobility when booking or purchasing tickets in accordance with article 19, § 2, of the regulation;
20 ° breach of the duty to provide disabled persons and persons with reduced mobility of the information on the accessibility of rail services and the conditions for access to rolling stock in accordance with article 20 of regulation;
21 ° breach of the duty to ensure access from railway stations, wharves, rolling stock and other equipment for persons with disabilities and persons disabled in accordance with article 21, § 1, of the regulation;
22 ° breach of the duty to allow persons with disabilities and persons with reduced mobility access to rail transport in the absence of staff in accordance with article 21, § 2, of the regulation;
23 ° failure to provide free of charge to disabled persons and persons with reduced mobility, in stations with staff assistance for boarding the train and in land, and the obligation to provide easily accessible information at stations not equipped with staff in accordance with article 22 of regulation;
24 ° failure to comply with the obligation to provide free of charge to persons with disabilities
and people with mobility reduced assistance on board the train and during boarding and disembarking in accordance with article 23 of regulation;
25 ° failure to fulfil obligations relating to the conditions under which is provided assistance in accordance with article 24 of the regulation;
26 ° failure to comply with the obligation of full compensation, without limitation financial loss or damage, total or partial, of mobility equipment or other specific equipment used by disabled persons and persons with reduced mobility in accordance with article 25 of the regulation;
27 ° breach of the duty to take appropriate measures to ensure the personal security of travellers in accordance with article 26 of the regulations;
28 ° failure to comply with the obligation of railway undertakings to establish a mechanism for handling complaints, complaints received by certain dates and publish an individual report on the complaints received, in accordance with article 27 of the regulation;
29 ° failure to comply with the obligation of railway undertakings to define standards of quality of service, to implement a quality management system and to evaluate their activities according to the standards of quality of service that they have set, in accordance with article 28 of that regulation;
30 ° breach of the duty to inform travellers on the rights conferred on them by the regulation, in accordance with article 29 of the regulation.
Section 2. -Amount of administrative fines s. 10. violations of the regulations are divided into three degrees: 1 ° offences of first degree are individual and cause discomfort or injury mean to the traveller.
They are punishable by fines ranging from 750 to 1,500 euros.
Constitute breaches of the first degree, the offences defined in article 9, 1 °, 4 °, 5 °, 7 °, 11 °, 13 ° to 17 °, 19 °, 20 °, 22 ° to 26 °;
2 ° offences of second degree are of a structural nature and cause discomfort or are individual and cause serious injury.
They are punishable by fines ranging from 2,000 to 4,000 euros.
Constitute the second degree offences, the offences defined in article 9, 3 °, 6 °, 8 °, 9 °, 12 ° and 18 °;
3 ° the third degree offences are structural and cause average damage to severe.
They are punishable by fines ranging from 6,000 to 12,000 euros.
Constitute the third degree offences, the offences defined in article 9, 2 °, 10 °, 21 °, 27 °, 28 ° to 30 °.
Section 3. -Rules of procedure art. 11 § 1.
If, on the basis of the report referred to in article 5 and its review of the administrative record, the authority referred to in article 3 considers that one of the offences referred to in article 9 has been committed, it shall notify the person concerned, within ten days after receipt of the report referred to in article 5, its intention to impose an administrative penalty by a submit recommended with acknowledgement of receipt.
§ 2. This letter is accompanied by a copy of the report referred to in article 5 and exposes: 1 ° the facts about which administrative fine procedures is initiated;
2 ° the days and hours during which he has the right to consult his file;
3 ° that the person concerned has the right to be assisted by counsel;
4 ° the person have a period of thirty days, which begins to run three working days following receipt of the registered post for him send a registered item containing its means of defence and, where appropriate, asking to be heard.
3. When, in accordance with § 2, 4 °, the individual request to be heard, the authority has 15 days from date of receipt of this request, to notify the person, by registered mail, the date of the hearing. This date is fixed within 30 days following the receipt of this recommended delivery.
These deadlines are given on pain of nullity of the entire procedure of administrative fine.
§ 4. In the absence of response from the party concerned within a period of thirty days referred to in § 2, 4 °, the Authority continues the processing of the file.
5. When a person hearing is held, a report of the hearing is prepared and placed on the administrative record.
S. 12. the authority referred to in article 3 may solicit any person affected by a reasoned request any item likely to support his file and allow it to take its decision in full knowledge of the facts.
S. 13. at the earliest after the period of thirty days referred to in article 11 § 2, 4 °, and in any case, maximum thirty days after the hearing of the person concerned if he requested it and that he reported the convening of the performed authority pursuant to article 11, § 3, the authority shall take a decision on the facts that are the subject of the procedure. It shall notify this decision to the person concerned by registered post.
Decision which imposes an administrative fine shows, on pain of nullity, its amount as well as remedies available against this decision.
S. 14. the limitation period for the imposition of an administrative fine is set at three years from the date of commission of the facts.
The right to collect the administrative fine is prescribed by two years from the date of the last day where the offender should have paid.
15. in the case of competition of several offences, all administrative fines are cumulative, unless they can however exceed the double of the highest administrative fine of third-degree maximum.
S. 16. If the offender is fined, for the same offence, administrative within one year following the date on which the decision of the authority to impose an administrative penalty became final, or one year after the judgment on the appeal against this decision is passed in force of res judicata, the minimum amounts defined in article 10 may be doubled.
S. 17. to set the amount of the fine, the authority before that it is proportionate to the seriousness of the facts which it is based, to the folder-specific elements as well as the possible recidivism.
Section 4. -Imposition of an administrative fine art. 18. each year on 1 January, the amounts referred to in article 10 are adapted to the health index according to the following formula: the amount of base, multiplied by the new index and divided by the starting index.
The new index is the health of the month of November of the year preceding the year in which the amounts will be adapted.
The starting index is the health of November 2012.
The result is rounded to the higher euro if the fractional part is greater than or equal to fifty cents. It is in the lower euro if this part is less than fifty cents.
S. 19 § 1.
The offender fulfils the administrative fine in the month following the date on which the decision to impose an administrative penalty became final or that the judgment of dismissal on the appeal against this decision is passed in res judicata.
From this moment, the fines are enforceable.
§ 2. The amount of the fines shall be paid to the FPS mobility and transport.
20. If the offender pays the delayed administrative fine it amount will be increased by full right to the legal interest rate, with a minimum of five percent of the amount of the administrative fine.
CHAPTER 7. -Provisions repealing art. 21 are repealed: 1 ° articles 2 to 8 of the Act of 30 December 2009 on various provisions;
2 ° article 32 of the Act of 2 December 2011 on various provisions;
3 ° royal decree of February 14, 2011, determining the sanctions regime applicable in the event of violation of the provisions of Regulation (EC) no 1371/2007 of the European Parliament and of the Council of 23 October 2007 on the rights and obligations of rail passengers.
4 ° the royal decree of March 7, 2013, determining the rules of procedure for the application of article 30, § 2, of Regulation (EC) no 1371/2007 of the European Parliament and of the Council of 23 October 2007 on the rights and obligations of rail passengers.
CHAPTER 8. -Disposition transitional art.
22. the application of this Act is limited in time to administratively punishable acts committed after the entry into force thereof.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels on May 15, 2014.
PHILIPPE by the King: the Minister of the Interior, Ms. J. MILQUET the Secretary of State for mobility, M. WATHELET Scellé of the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) 2013-2014 Session House of representatives Documents. -Bill, 53-3491. -NO. 1. -Report, 53-3491 - No. 2. -Text corrected and adopted by the Commission, 53-3491. -NO. 3. -Text adopted in plenary meeting and transmitted to the Senate, 53-3491. -NO 4.
Full report: April 23, 2014.
Senate Documents. -Project mentioned by the Senate, 5-2883. -NO. 1. -Report 5-2883.
-NO. 2. -Decision not to amend, 5-2883. -NO. 3.
Annals of the Senate: April 24, 2014.