Law On The Carriage Of Passengers By Road And Bearing Performance Of Regulation (Ec) No 1071/2009 Of The European Parliament And Of The Council Of 21 October 2009 Establishing Common Rules Concerning The Conditions To Be Complied With To Pursue The Occ...

Original Language Title: Loi relative au transport de voyageurs par route et portant exécution du Règlement (CE) n° 1071/2009 du Parlement européen et du Conseil du 21 octobre 2009 établissant des règles communes sur les conditions à respecter pour exercer la profession de trans

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belgiquelex.be - Carrefour Bank of Legislation

15 JULY 2013. - Law on the Transport of Passengers by Road and Implementing Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules on the conditions to be followed in the profession of road carrier, and repealing Directive 96/26/EC of the Council, and enforcing Regulation (EC) No 1073/2009 of the European Parliament and the Council of 21 October 2009 establishing common rules for access to the international bus market of services



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART 1er. - General
CHAPTER 1er. - Introductory provisions
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Section 1re. - Scope of application
Art. 2. This Act applies to the following passenger transport:
1° casual services, carried out as a main activity or not;
2° the regular and regular international specialized services, carried out as a main activity or not, excluding the transport referred to in Article 6, § 1er, X, paragraph 1er8° of the special law of 8 August 1980 of institutional reforms;
3° transport on its own account, excluding the transport referred to in Article 6, § 1er, X, paragraph 1er8° of the special law of 8 August 1980 of institutional reforms.
Section 2. - Definitions
Art. 3. § 1er. For the purposes of this Act and its enforcement orders, it shall be understood by:
1° "Minister": the Minister who has the transportation of passengers by road in his duties;
2° "company": any natural person, any legal person with or without a profit, any association or group of persons without a legal personality, with or without a profit, as well as any body within the public authority, whether it has a legal personality or is dependent on an authority with that personality, which carries on travel by road within the meaning of this Act;
3° "vehicle": any bus or bus;
4° "ordermaker": any natural person, legal person, corporation, with or without a profit, any person acting on behalf of an association of persons without a legal personality and with or without a profit, as well as any body within the public authority, whether it is equipped with a legal personality or is dependent on an authority coated with the legal personality, which concludes a contract of carriage with an intermediate travel company or traveller by road
5° "professional ordermaker" :
(a) the principal who enters into a contract for carriage with a passenger carrier by road and whose activity consists in organizing, ordering or executing, on an expensive or usual basis, travel, including by road; or
(b) the road passenger transport undertaking that enters into a subcontract;
6° "non-professional order provider": the order donor who concludes a contract of carriage with a passenger transport company by road or with a travel intermediary and whose activity is not to organize, order or enforce, as a costly or usual way, travels, in particular by road;
7° "public place": the public road, the open land to the public and non-public but open to a number of people;
8° "Regulation (EC) No 1071/2009": Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules on the conditions to be met for the occupation of road carrier and repealing Council Directive 96/26/EC;
9° "Regulation (EC) No 1073/2009": Regulation (EC) No 1073/2009 of the European Parliament and the Council of 21 October 2009 establishing common rules for access to the international market for bus and bus transport services, and amending Regulation (EC) No 561/2006;
10° "Community regulation": Community regulations relating to the transport of passengers by road.
§ 2. The concepts not defined in this Act must be understood in accordance with the definitions given in Community regulations.
§ 3. The definitions referred to in Article 2, paragraphs 4 and 5, of Regulation (EC) No 1073/2009 are also valid for the carriage of passengers limited to the national territory.
CHAPTER 2. - Principles
Art. 4. Companies that are established in Belgium may only transport passengers referred to in Article 2, 1 and 2° if they have the community licence referred to in Article 4 of Regulation (EC) No 1073/2009.
Art. 5. Any national transport on its own account is permitted only when it consists primarily of the transportation of persons with a real and permanent connection to the company.
Art. 6. The carriage of passengers referred to in Article 2 may only be carried out in the national territory if the control and authorization documents determined by the King are on board the vehicles used for this purpose.
CHAPTER 3. - Community License
Art. 7. § 1er. The community licence referred to in section 4 of Regulation (EC) No 1073/2009 is granted by the Minister or his delegate, upon request, to the undertaking that meets the conditions of access to the profession and exercise of the profession referred to in Part 2; the licence shall be refused or withdrawn by the Minister or his or her delegate if the undertaking fails to meet or does not meet these conditions.
§ 2. The King may decide to issue electronic community licences from a date it determines.
§ 3. The King fixed:
1° the rules relating to the issuance, replacement, renewal and cancellation of community licences, taking into account the provisions of the Regulations (EC) nbones 1071/2009 and 1073/2009;
2° the conditions of validity of community licences, taking into account the provisions of Regulation (EC) No 1073/2009;
3° the rules relating to the refusal and withdrawal of community licences, taking into account the provisions of the Regulations (EC) nbones 1071/2009 and 1073/2009;
4° the possible period in which the community licences that have been withdrawn cannot be issued again;
5° the statistical information that must be provided by the companies.
Art. 8. § 1er. Any undertaking that requires or holds a community licence, as well as its agents and agents, shall provide the Minister or his or her delegate with any information and document in accordance with Community regulations, this Act and its enforcement orders.
The Minister or his or her delegate shall determine the time limit for the information or document to be provided.
The Minister or his delegate may not request the company, its agents and agents, information that is already in possession of a Belgian authority and that he may obtain directly and without charge electronically from that authority. It can no longer, if this information is not communicated directly to it, imputing it to the interested party.
§ 2. Any natural or legal person, private or public, is required to provide the Minister or his or her delegate with any information and documents under the conditions set out in this Act and its enforcement orders, as well as any other information and documents that the Minister or his or her delegate considers necessary for the issuance or maintenance of the community licence, within the time limit that he or she determines.
PART 2. - Access to the profession and exercise of the profession
CHAPTER 1er. - Conditions
Art. 9. Any company that wishes to access the profession of a passenger carrier by road or who practises this profession must meet the conditions of establishment, honorability, professional capacity and financial capacity set out in section 3 of Regulation (EC) No 1071/2009 and this title.
CHAPTER 2. - Establishment
Art. 10. Apart from the documents provided for in Article 5, (a), Regulation (EC) No 1071/2009, the road leaves must, if applicable, also be available permanently at the Belgian establishment of the company.
CHAPTER 3. - Honorability
Art. 11. § 1er. The company is satisfied with the condition of liability when neither the company itself, nor the transport manager designated by it, nor the persons responsible for the day-to-day management of the company, incurred in Belgium or abroad:
1° a serious criminal conviction, cast into force in the last ten years, subject to rehabilitation, for:
(a) import, export, or transit of arms, ammunition and equipment to be used specifically for military use and related technology;
(b) counterfeit or falsification of seals and stamps;
(c) false in writing and use of false;
(d) corruption of public officials;
(e) theft, extortion, embezzlement, abuse of trust, scam, recel or any other transaction relating to things derived from an offence;
(f) an offence related to bankruptcy and the fictitious circulation of commercial effects or violation of the provisions on the provision of cheques or other securities to a cash or fund-based payment available;
(g) infringement of the value-added tax, customs and access regulations;
(h) infringement of the annual accounts and business accounting regulations;
(i) membership of a criminal organization;
(j) trafficking in human beings;
(k) infringement of the regulations on veneer, soporific, narcotic, psychotropic, disinfectant, antiseptic and hormone, anti-hormonal, anabolic, beta-adrenergic or stimulative effects of production, anti-infectious, pest control and anti-inflammatory;
(l) Offence of traffic regulations;
(m) infringement of regulations on working conditions, non-declaration of work, social documents, collective labour relations and social security;
(n) Illegal work;
2° two or more serious criminal convictions, carried out in force of evidence, for violations of road traffic regulations, for the last ten years, subject to rehabilitation;
3° a professional prohibition still under way for one of the offences referred to in 1°, (b), (c), (d), (e), (f), (g) and (i) or in article 31, § 4.
4° a criminal conviction carried out in force of tried or a sanction, for the last ten years, subject to rehabilitation, including the rehabilitation provided for in paragraph 7, for a serious offence to the regulations relating to:
(a) the driving and rest times of the drivers, the working time and the installation and use of the control device;
(b) professional capacity, initial training and continuous training of drivers;
(c) the technical condition of the vehicles, including mandatory technical control;
(d) access to the road transport market;
(e) installation and use of speed limiters;
(f) the driver ' s licence;
(g) access to the carrier profession by road.
When a corporation is responsible for the day-to-day management of the business, the condition set out in paragraph 1er also applies to that corporation and to the permanent representative of that corporation.
§ 2. For the purposes of paragraph 1erParagraph 1er, 1°, is considered to be a serious criminal conviction, any criminal conviction that resulted in a principal prison sentence greater than six months or a fine greater than 4,000 euros.
§ 3. For the purposes of paragraph 1erParagraph 1er, 2°, are considered to be two or more serious criminal convictions, all criminal convictions which, in general, have given rise to a total imprisonment of more than four months or to a total fine of more than 2,000 euros.
§ 4. For the purposes of paragraph 1erParagraph 1er, 1° and 2°, it is not taken into account the additional decimals in the event of criminal fines.
For the purposes of paragraph 1erParagraph 1er, 2°, it is not taken into account:
1° of convictions for a fine not exceeding 75 euros or a principal prison sentence not exceeding fifteen days;
2° of sentences or fractions of sentences with a suspended sentence if the fine is less than 1,000 euros or if the principal prison sentence is less than three months.
With respect to convictions for offences to which the legislation on additional decimals on penal fines is not applicable, the amount to be taken into consideration is the quotient resulting from the division of the fine imposed by a divider to be determined by the King.
§ 5. Are considered serious offences for the application of the provisions of paragraph 1erParagraph 1er, 4°, those that are repeated on the list of the most serious offences in Schedule IV of Regulation (EC) No 1071/2009.
The King completes the list of offences referred to in paragraph 1er by the list of serious breaches of community rules to be established by the European Commission as provided for in Article 6, paragraph 1er(b) Regulation (EC) No. 1071/2009.
§ 6. For the purposes of paragraph 1erParagraph 1er, 4°, you must hear by "sanction": any payment of a sum that extinguishes public action, any administrative fine, and any equivalent penalty imposed abroad.
§ 7. Any person who has committed a criminal conviction or punishment for an offence under the regulations referred to in paragraph 1erParagraph 1er, 4°, is for the purposes of this article, considered to be rehabilitated for this offence after a period of two years or, in case of recidivism, after a period of four years.
The person or company in question must have paid the fine. When the penalty is prescribed, the person may only be considered rehabilitated for that offence if the failure to perform is not attributable to the person. The Minister or his delegate may request proof of payment from the interested party.
§ 8. Where the company, its transportation manager or one of the persons responsible for the day-to-day management of the company has incurred a criminal conviction or penalty for a serious offence referred to in paragraph 1erParagraph 1er, 4°, the Minister or his or her delegate examines the feasibility and determines whether the refusal or withdrawal of the status of liability is a disproportionate measure in the case of a case. Any conclusion in this sense must be motivated.
§ 9. When the transportation manager fails to meet the condition of liability, the Minister or his delegate declares it unfit for the direction of the transportation activities of a company to which Regulation (EC) No 1071/2009 is directly applicable or to which the application of this regulation has been extended.
Art. 12. The King determines:
1° the evidence of the condition of honesty;
2° the period granted to the company to produce the evidence referred to in 1°;
3° the periodicity of the control of the status of honesty;
4° the rules relating to the examination of the honesty referred to in Article 11, § 8.
CHAPTER 4. - Professional capacity
Art. 13. The certificate of professional capacity is issued by the Minister or his or her delegate to any natural person who has passed the relevant examination. This review is organized by a review panel established by the Minister.
In preparation for the examination of professional capacity, courses are organized by the Minister or his delegate or by one or more training institutions recognized for this purpose by the Minister. Notwithstanding the provisions of paragraph 3, there is no obligation to attend these courses.
Applicants who do not pass the examination of professional capacity during their first participation and who did not attend the courses referred to in paragraph 2 are required to follow these courses before re-entering the examination.
Art. 14. A business that does not meet the requirements of section 3, paragraph 1er, d), of Regulation (EC) No 1071/2009, may designate a transport manager on the terms determined by section 4, paragraph 2, of that Regulations.
In this case, the transport manager cannot be designated in more than four companies, totaling a maximum fleet of fifty vehicles.
The number of companies in which it is a transportation manager in the circumstances referred to in section 4, paragraph 1er, Regulation (EC) No 1071/2009 and the number of vehicles that relate to these undertakings shall deduct the maxima provided for in paragraph 2.
For the purposes of paragraphs 2 and 3, "companies" and "vehicles" means any road transport company and any motor vehicle to which Regulation (EC) No 1071/2009 is directly applicable or to which the application of this Regulation has been extended.
Art. 15. Any designation of a transportation manager, as well as any modification or termination of the status of the designated transportation manager, shall be communicated to the Minister or his delegate.
Art. 16. The King determines:
1° the modes of proof of professional capacity, the period that is eventually granted to the company to present the evidence and periodicity of the control of the status of professional capacity;
2° the selection criteria and the weighted accreditation criteria on which training organizations are approved by the Minister;
3° the terms and conditions of the application for approval to be introduced by the organizations-candidates and the validity of the approval granted;
4° any additional material that, besides those used in Schedule I to Regulation (EC) No. 1071/2009, is subject to the course and examination;
5° the modalities for the organization of courses and examination;
6° the period granted:
(a) the transportation manager to report to the Minister or delegate that his or her status in the undertaking is amended or terminated;
(b) the undertaking to report to the Minister or his delegate that his transportation manager has died or become physically incapable;
(c) the company to regulate its situation after one of the events referred to in (a) and (b);
7° any exemptions to the obligations provided for in Article 13.
CHAPTER 5. - Financial capacity
Art. 17. § 1er. The company that is held at the annual deposit of accounts with the National Bank of Belgium meets the condition of financial capacity when it has capital and reserves as provided for in Article 7 of Regulation (EC) No 1071/2009.
§ 2. If the company is a natural person or a legal person who is not required to deposit annual accounts with the National Bank of Belgium, it meets the condition of financial capacity when it justifies the establishment of a joint bond as provided for in section 7 of Regulation (EC) No 1071/2009.
Art. 18. The King determines:
1° the mode of proof of capital and reserves;
2° corporate obligations in the event of a reduction in the amount of their capital and reserves;
3° the nature of the bonds authorized to deposit;
4° the assignment of bail;
5° the rules relating to the appeal to bail;
6° the obligations of the parties concerned in the event of bail and in the event of a reduction or termination of the bond;
7° the rules concerning the release of bail.
PART 3. - Accountability
CHAPTER 1er. - Obligations
Art. 19. At the time of the conclusion of the contract for carriage relating to one of the passenger transport referred to in section 2, 1° and 2°, the professional donor is required to ensure that the carrier has the original of the community licence.
Art. 20. It is prohibited for the professional donor, the non-professional donor, and their authorized agents to give instructions to the driver of the vehicle during the trip, to give instructions or to carry out acts that result in:
1° the exceedance of the maximum authorized number of persons to be transported, as shown in the vehicle technical inspection certificate;
2° failure to comply with the requirements for driving and rest periods of vehicle drivers;
3° the maximum permissible speed of vehicles.
Art. 21. The carrier is prohibited from carrying out a transport at an abusively low price.
It is forbidden for the professional donor to induce the carrier to carry out a transport at an abusively low price.
By "reasonably low price", there is an insufficient price to cover, both:
- the unavoidable positions of the vehicle's return price, including depreciation or rent, tires, fuel and maintenance;
- costs arising from legal or regulatory obligations, including social, tax, insurance and security;
- costs arising from the administration and management of the company.
PART 4. - Control
CHAPTER 1er. - Qualified officers
Art. 22. § 1er. The monitoring of compliance with community regulations, this Act to its enforcement orders, as well as the search for and recognition of breaches of community regulations, this Act and its enforcement orders are entrusted to:
1° to police officers under the federal police and local police;
2° to service officers who are competent for the road transport of the Federal Public Service Mobility and Transport;
3° to officers of the Customs and Accises Administration of the Federal Public Service Finance.
§ 2. The agents referred to in paragraph 1er who are responsible for the investigation and investigation of violations of community regulations, this Act and its enforcement orders are subject to the quality of judicial police officers.
They are designated by the King.
§ 3. The officers referred to in paragraph 2 shall be responsible for the application of sections 27 and 28, provided that they have been individually authorized by the Attorney General to the Court of Appeal within the jurisdiction of the administrative residence of those officers.
CHAPTER 2. - Control, research and recognition of offences
Art. 23. § 1er. The agents referred to in section 22 may enter into any vehicle, both in traffic and in parking, on public highway or in places accessible to the public if, on the basis of conduct by the driver or passenger, on the basis of material indications or circumstances of time and place, they have reasonable grounds to believe that the vehicle is used to commit offences to the provisions of Community regulation, this Act and its performance.
In the circumstances referred to in paragraph 1er, they may also conduct a search of the vehicle provided that the search does not last more than the time required by the circumstances that warrant it.
The search of a vehicle that is permanently arranged as a dwelling and which, at the time of the search, is actually used as a dwelling, is assimilated to a search.
§ 2. In order to monitor compliance with community regulations, this Act and its enforcement orders, the agents referred to in section 22 have access to the real property that is intended for the professional activities of the carriers, their security providers and any person involved in the execution of a passenger transport.
This right of access can only be exercised between eight hours and eighteen hours, except in the case of real estate being assigned exclusively to professional activities or in the case where it is found that professional activities are in progress. The right of access can only be exercised in the presence of at least one person who has the real enjoyment of the property or a person designated by it.
§ 3. An officer referred to in section 22 may make searches if there are indications that this measure will provide evidence of the guilt of the person suspected of having committed an offence as defined by the Community regulations, this Act and its enforcement orders, and, under penalty of nullity, the prior authorization of the investigating judge. The authorization mentions the nature of the offence and the objects to be searched. The search must take place between five and twenty-one hours.
The provisions of the Judicial Code in respect of unilateral motion do not apply to the request for a search authorization.
Authorization referred to in paragraph 1er is not required if the person who has the effective enjoyment of the place gives his or her consent in writing.
The search may take place at the domicile or residence of the accused person or person suspected of having committed an offence as defined by law, to search for any useful material to the manifestation of the truth or to make a seizure.
Where applicable, the assistance of the federal police and local police may be sought in the event of a long-term absence or refusal of the inhabitant.
The suspect is asked to attend the search. If the person is absent or does not designate a representative, the search will take place in the presence of two witnesses.
The search always leads to the drafting of a report resuming the precise conduct of the activities and their result.
§ 4. The King shall determine a list of documents to be submitted at the request of an officer referred to in section 22.
§ 5. The officers referred to in section 22 may, in the course of their mission:
1st take the identity of any person, question him and summon him to a hearing.
Identity control and interrogation are limited to persons whose officers may reasonably assume that they are engaged in the activities referred to in paragraph 2, paragraph 1eror of which they consider the necessary hearing for the exercise of their mission; the examination must deal with facts of which knowledge is useful to the exercise of their mission;
2° conduct the examination of all information materials that are located in the places under their supervision and which contain data that, in accordance with a law, must be established, maintained and maintained, even if such officers are not responsible for the control of the law, as well as to take copies, in any form, of such information materials or information that they contain or to be provided by the company without charge by the company. "Information carriers" means all information media such as books, records, documents, digital information media, disks and tapes. The search or copy of digital information media that are protected by a password is only possible with the prior authorization of the investigating judge.
§ 6. All departments of the State, including prosecutors and court offices and offices of all jurisdictions, the services of the provinces, communes, associations of communes and all the services of the public institutions that depend on them, as well as any private person, shall, at the request of the agents referred to in section 22, provide all information and produce all acts, books, registers, documents, records, tapes or other materials protected with the exception of secrecy Services referred to in paragraph 1er are required to provide information, extracts, copies, prints and listings without charge.
§ 7. The agents referred to in section 22 may only seize what is necessary to prove an offence, to retain the property acquired as a result of an offence under sections 4 and 6, or to seek the co-authors or accomplices of the offenders.
The seizure may take place at the place where they perform their duties or at the place where they conduct a search as determined in paragraph 3.
They are obliged, under penalty of nullity, to inventorate the things that have been seized or that have been voluntarily handed over by the persons who possess it. These operations give rise to a report.
The matters seized are filed at the office of the police court or, in the event of an offence referred to in sections 30, § 4, and 31, at the office of the correctional court.
In case of seizure of receivables, with the exception of the seizure of name or bearer, the seizure shall be effected by written notification to the debtor. It is sent to the debtor by registered letter to the post and by simple mail. This letter contains, in addition to references to the case, the text of paragraph 7 of this paragraph, article 1452 of the Judicial Code and article 28exies or 61quater of the Code of Criminal Investigation.
The report is submitted for signature to the applicant who may receive a copy at no cost. In the event of arrest, both the seized third party and the seized person are entitled to a free copy of the record. A document containing the references in paragraph 5 shall be transmitted to the seized third party.
Upon receipt of the notification, the seized third party may no longer dispose of the sums or things being seized. Within fifteen days after the seizure, the seized third party is required to declare, by registered letter to the post, the amounts or things being seized in accordance with Article 1452 of the Judicial Code. The seized third party has the right to refund the costs of the declaration; these fees are considered to be court fees.
§ 8. The research actions set out in this article, which are laid in the course of a judicial investigation, are subject to the provisions of articles 61 to 61quinquies of the Code of Criminal Investigation.
§ 9. The agents referred to in Article 22, § 2, shall have access to information registered in the criminal record, as determined in Article 593 of the Code of Criminal Investigation, on a permanent basis and only in the course of their missions, through an automated link.
The King sets the conditions for the access of the agents referred to in Article 22, § 2, to the other data banks that He determines.
§ 10. The officers referred to in section 22 may request, in the course of their duties, the assistance of the federal police and the local police.
§ 11. Without prejudice to the secrecy of criminal investigation, the agents referred to in Article 22 may communicate the information they obtained during their investigation to all the officers responsible for the control of other legislation, provided that such information may concern them in the course of carrying out their duties.
Art. 24. § 1er. Except in the case of application of section 27, the agents referred to in section 22 shall seek offences under community regulation, this Act and its enforcement orders; they note these offences by minutes of evidence to the contrary.
§ 2. These minutes are transmitted to the King's Prosecutor and, when the findings were not made in a public place, to the agents referred to in section 36, § 1er.
In the latter case, the Crown Prosecutor shall have a period of three months, from the day of receipt of the minutes, to notify the agents referred to in section 36, § 1er :
1° that information or judicial instruction has been opened, or
2° that proceedings have been initiated, or
3° that it was applied to articles 216bis or 216ter of the Code of Criminal Investigation, or
4° that the file was closed for reasons relating to the constituent elements of the offence, or
5° that the file was filed without action for reasons that are not related to the constituent elements of the offence.
A copy of the minutes is sent to the offenders within fifteen days of the finding of the offences.
§ 3. Subsection 2 does not apply to records written in the course of a court hearing.
PART 5. - Sanctions
CHAPTER 1er. - Official administrative measures
Art. 25. When one of the agents referred to in section 22 finds that a carriage of passengers by road is carried out by means of a vehicle not covered by a community licence valid in accordance with section 4 or without a valid control or authorization document in accordance with section 6, the person may, without prejudice to the provisions of section 24, proceed to the immobilization of the vehicle and the transfer of passengers to another vehicle at the expense of the perpetrator of the offence.
Art. 26. § 1er. Any community licence referred to in section 4 that has been the subject of a withdrawal decision, which is found in the possession of the licensee or its attendants, is, against receipt, immediately seized by the agents referred to in section 22 and transmitted to the Minister or his delegate.
§ 2. Any document referred to in sections 4 and 6 that is found in the possession of a person other than the holder or his or her attendants, or that is not valid under community regulations, this Act and its enforcement orders, as well as any counterfeit document is, against receipt, immediately seized by the agents referred to in section 22 and, as the case may be, forwarded to the Minister or his or her delegate or deposited at the office of the Correctional Court.
For companies with establishments in Belgium, the documents referred to in paragraph 1er may be returned only sixty days after the seizure, on request of the holder, unless it turns out that no fault may be charged to him. In the latter case, the documents are returned as soon as the Minister or his delegate arrives at the conclusion that he has committed no fault.
CHAPTER 2. - Perception and consignation of an amount when finding certain offences
Art. 27. § 1er. When an offence referred to in section 30 is found in a public place, it may, if the act has not caused injury to another person and, upon the consent of the perpetrator of the offence, be collected either immediately or within a period determined by the King, an amount of which may not exceed the maximum of the fine provided for that offence, plus additional decimals.
§ 2. Payment of the amount referred to in paragraph 1er extinguishes public action, unless the Public Prosecutor's Department notify the person concerned, within two months of the day of payment, that he intends to exercise public action.
The notification shall be made by a recommended fold to the position; it is deemed to be made on the third business day following that of the deposit made at the post, unless the recipient provides proof of the contrary.
§ 3. The provisions of this Article shall not apply where the offence was committed by one of the persons referred to in Articles 479 and 483 of the Code of Criminal Investigation.
Art. 28. § 1er. If the perpetrator of the offence found in a public place does not have a fixed domicile or residence in Belgium and does not immediately pay the proposed amount, he must record in the hands of the agents referred to in Article 22 an amount intended to cover the fine and any legal costs.
§ 2. The vehicle driven by the perpetrator of the offence shall be held at the expense and risk of the offence, until the amount referred to in subsection 1 is returneder and justification for the payment of any vehicle retention costs.
§ 3. If the amount due is not paid in the non-six hours, as of the finding of the offence, the seizure of the vehicle may be ordered by the Public Prosecutor's Office.
A notice of seizure is sent to the owner of the vehicle within two business days.
The offender shall bear the costs and risks associated with the vehicle for the duration of the seizure.
The seizure is waived after justification for the payment of the amount to be recorded and any costs to keep the vehicle.
§ 4. If the exercise of public action results in the conviction of the person concerned, the following provisions apply:
1° where the legal costs due to the State and the fine pronounced are less than the amount collected or recorded, the surplus shall be returned to the person concerned;
2° where the vehicle has been seized, the competent administration for the management of the Domains shall proceed to the sale of the vehicle in the absence of payment of the fine and legal costs within forty days of the judgment; this decision is enforceable notwithstanding any appeal.
When the legal costs due to the State, the fine and the possible costs of keeping the vehicle are less than the proceeds of the sale, the surplus shall be returned to the person concerned.
§ 5. In the event of the acquittal of the person concerned, the amount collected or recorded or the vehicle seized shall be returned; the costs of justice and any costs of keeping the vehicle are borne by the State.
§ 6. In the event of a conditional sentence of the person concerned, the amount collected or recorded shall be returned after deduction of court fees; the seized vehicle shall be returned after payment of court fees and justification for payment of any costs for the preservation of the vehicle.
§ 7. When the public prosecutor decides not to pursue or when the public action is extinguished or prescribed, the recorded amount or the seized vehicle shall be returned to the interested party.
§ 8. Where, pursuant to section 216bis of the Code of Criminal Investigation, the amount determined by the Public Prosecutor's Office is less than the amount collected, the surplus shall be returned to the person concerned.
Art. 29. The King determines the amount of the amount to be collected under Article 27, § 1erand the amount to be recorded under Article 28, § 1eras well as the modalities of his perception.
CHAPTER 3. - Criminal provisions
Art. 30. § 1er. A fine of 50 to 250 euros shall be punished, plus additional decimals, those who violate the following provisions of this Act and its enforcement orders:
1° the rules relating to the issue, replacement, renewal, delisting and validity of the community licences, established by the King under Article 7, § 3, 1° and 2°;
2° the obligations to provide statistical information, fixed by the King under Article 7, § 3, 5°;
3° the bonds of bonds in the event of bail and in the event of a reduction or termination of the bond, determined by the King under Article 18, 6°.
§ 2. Without prejudice to articles 269 to 274 of the Criminal Code, are punishable by imprisonment from eight days to six months and a fine of 1.250 to 50,000 euros, plus additional decimals, or only one of these penalties, those who, by any means, hinder or prevent the control of respect for community regulations, this Act and its enforcement orders.
§ 3. The penalty shall be imposed by imprisonment from eight days to one year and a fine of 500 to 50,000 euros, plus additional decimals, or only one of these penalties, those who violate the following provisions of Community regulation, this Act and its enforcement orders:
1° the obligation to hold a valid community licence in accordance with sections 4 and 14 of Regulation (EC) No 1073/2009 and section 4 of this Act;
2° the obligation to hold valid control and authorization documents in accordance with Article 6;
3° the King's obligation under Article 7, § 3, 3° to return the community licences that have been the subject of a withdrawal decision;
4° the obligation to provide information or documents in accordance with Article 8;
5° the rules relating to the transport manager provided for in section 4 of Regulation (EC) No 1071/2009;
6° the obligation of communication referred to in Article 15 and the obligation to respect the deadlines determined by the King under Article 16, 6°, (a) and (b), relating to the transport manager.
§ 4. They are punished by imprisonment from three months to three years and sentenced to the prohibition of the exercise of their rights, in accordance with section 33 of the Criminal Code, those who contravene a community licence or use a community licence infringed.
Art. 31. § 1er. Without prejudice to the application of heavier penalties set out in the Criminal Code, are punishable by imprisonment from one month to two years and a fine of 1,000 to 20,000 euros, plus additional decimals, those who knowingly provided or knowingly provided inaccurate or incomplete information or knowingly made inaccurate or incomplete declarations, in order to acquire or store for themselves a third party licence.
§ 2. Lack of foresight or precautionary communication of information or declarations referred to in paragraph 1er is punished by a fine of 50 to 500 euros, plus additional decimals.
§ 3. The limitation of public action begins on the basis of the termination of the use of the document that has been acquired or retained by providing information or declarations referred to in paragraph 1er.
§ 4. The judge who sentences a person even conditionally, as an author or accomplice of the offence referred to in paragraph 1er, may indemnify its conviction of the prohibition to exercise, personally or by interposition of person, the occupation of a road carrier referred to in Article 11, § 9, or, if any, of the prohibition to assert its certificate or certificate of professional capacity in a transport undertaking referred to in Article 11, § 9, for a period of not less than one year and not more than three years.
§ 5. Each offence under the professional prohibition referred to in paragraph 4 is punishable by imprisonment from three months to one year and a fine of 1,000 to 10,000 euros, plus additional decimals.
Art. 32. § 1er. The professional donor shall be punished by the penalties set out in Article 30, § 3, if he or she transgresss, even by default of foresight or precaution, the obligation referred to in Article 19.
§ 2. The professional donor, the non-professional donor and/or their agents authorized to give instructions to the driver of the vehicle during the trip, shall be punished in the same way as the perpetrators of the contraventions and offences committed by the company, if they violate the prohibitions referred to in Article 20.
§ 3. The carrier shall be punished by the penalties set out in Article 30, § 3, if it transgresses the prohibition referred to in Article 21, paragraph 1er.
The professional donor shall be punished by the penalties set out in Article 30, § 3, if he transgresses the prohibition referred to in Article 21, paragraph 2.
Art. 33. § 1er. All provisions of Book Ier the Criminal Code, including Chapter VII and Article 85, shall apply to all offences defined in this chapter.
§ 2. In the event of a recidivism within two years of the conviction, the penalty shall not, without prejudice to section 56 of the Criminal Code, be less than double the sentence imposed previously by the head of the same offence, unless the judge considers that mitigating circumstances may be taken into consideration.
§ 3. In the event of a conviction for the carriage of passengers by means of a vehicle not covered by valid control and authorization documents, in accordance with Article 6:
1° the judge may order the confiscation or temporary immobilization of the vehicle; in the event of a temporary immobilization, the judge determines the duration of the temporary immobilization and indicates where the vehicle will be placed on the chain at the owner's expense and risk;
2° damages to the civil party are privileged on the vehicle that was used to commit the offence. This privilege takes place immediately after that provided for in section 20, 5°, of the mortgage law of 16 December 1851.
§ 4. By derogation from section 43, paragraph 1erin the Criminal Code, forfeiture of the vehicle may not be imposed for infringement of community regulations, this Act and its enforcement orders except in the case specified in paragraph 3.
§ 5. The police courts are competent to hear the offences under Article 30, §§ 1er, 2 and 3 and 32.
CHAPTER 4. - Administrative amendments
Art. 34. § 1er. Those who transgress community regulation, this Act or its enforcement orders may be subject, under the conditions set out in this section, provided that the finding of the offence has not been made in a public place, to an administrative fine:
1° 250 euros to 1.250 euros for non-compliance:
(a) rules relating to the issue, replacement, renewal, delisting and validity of the community licences, established by the King under Article 7, § 3, 1 and 2;
(b) the obligation to provide statistical information, established by the King under Article 7, § 3, 5°;
(c) bonds of bonds in the event of bail and in the event of a reduction or termination of the bond, determined by the King under section 18, 6°.
2° 2 500 euros to 250,000 euros, for non-compliance:
(a) the obligation to hold a valid community licence in accordance with sections 4 and 14 of Regulation (EC) No 1073/2009 and section 4 of this Act;
(b) the requirement to hold valid control and authorization documents in accordance with section 6;
(c) the King's obligation under Article 7, § 3, 3, to return the community licences that have been the subject of a withdrawal decision;
(d) the obligation to provide information or documents in accordance with Article 8;
(e) the rules relating to the transport manager provided for in section 4 of Regulation (EC) No 1071/2009;
(f) the communication obligation referred to in section 15 and the obligation to comply with the deadlines determined by the King under section 16, 6, (a) and (b) relating to the transport manager;
(g) the obligation of the professional donor in accordance with Article 19, § 1erParagraph 1er;
(h) the carrier's prohibition, as referred to in section 21, paragraph 1er;
(i) the prohibition for the professional donor, as referred to in section 21, paragraph 2;
(j) prohibiting obstruction or preventing, in any way, control of compliance with community regulations, this Act and its enforcement orders;
3° of five times the minimum amount to five times the maximum amount of the criminal fine, not including the additional decimals, as set out in the regulations concerned for the offences referred to in Article 20, 1° to 3°: for non-compliance with the prohibitions referred to in Article 20 for the professional donor, the non-professional donor and/or their authorized agents to give instructions to the driver.
§ 2. The agents referred to in Article 36, § 1er, if there are mitigating circumstances, may impose an administrative fine less than the minimum amounts referred to in subsection 1er.
In the event of an appeal under section 38, the court has the same jurisdiction.
§ 3. In the event of examination of several of the offences referred to in paragraph 1er, the amounts of the fines are accumulated, without the total amount exceeding double the maximum amount of the heaviest fine.
§ 4. In the event of a recidivism within two years of a decision imposing an administrative fine or a criminal conviction on the basis of this Act, the new administrative fine may not be lower than the double of the fine that was previously inflicted by the same offence unless the grievor considers that mitigating circumstances may be taken into consideration.
Art. 35. An offence of community regulation, this Act and its enforcement orders as defined in Article 34, § 1er, is liable to an administrative fine unless the Public Prosecutor's Office considers that, in the light of the seriousness of the offence and, where applicable, given the property benefits derived from the offence, criminal proceedings must be instituted.
Criminal proceedings exclude the imposition of an administrative fine, even if an acquittal closes them.
The administrative fine can be imposed simultaneously with other administrative sanctions.
Art. 36. § 1er. The administrative fine shall be imposed by the officers appointed to that effect by the Minister. The King determines the conditions to which these agents must satisfy.
Neither agents serving in an advisory or decision-making body in respect of the refusal or withdrawal of the community licences referred to in Article 4, where also representatives of the passenger transport sector, nor officials who have found the offences referred to in Article 34, § 1er, cannot impose an administrative fine.
§ 2. The agents referred to in paragraph 1er have, exclusively for the purpose of imposing administrative fines, free access by means of a computerized link to the data recorded in the Central Judicial Officer, except:
1° of the convictions and decisions listed in Article 593, 1° to 4°, of the Code of Criminal Investigation;
2° of the remedial and sentencing orders covered by this rehabilitation;
3° of decisions ordering the suspension of the pronouncement of the conviction and the probationary suspension;
4° of decisions condemning a working sentence in accordance with Article 37ter of the Criminal Code.
The officers provided for in paragraph 1er no longer have access to data on convictions of imprisonment for a term not exceeding six months, convictions by simple conviction, fine sentences not exceeding 500 euros, and convictions for fine penalties imposed under the law relating to the traffic police, coordinated by the Royal Decree of 16 March 1968, regardless of their legal amount, after a final decision of three years.
The agents referred to in paragraph 1er only have access to the data of convictions concerning the paid transport of passengers by road and the counterfeiting of coupons for the transport of passengers and the use of counterfeit coupons, as referred to in the nomenclature of the offences used by the Central Judicial Officer.
The data obtained pursuant to this section may only be used for the purpose of carrying out the tasks defined by or under this Act. They cannot be communicated to third parties.
Not considered third parties for the purposes of paragraph 4:
(1) persons to whom such data or their legal representatives relate;
(2) persons who, by or under the law, are entitled to consult the record in which such data may be collected;
3° the persons, authorities and services authorized, by or under the law, to access the data of the Central Judicial Officer, provided that it is data that may be communicated to them under their designation and within the framework of the relations between them during the exercise of their legal and regulatory powers.
The agents referred to in paragraph 1er undertake in writing to ensure the security and confidentiality of the data they have access to.
Article 458 of the Criminal Code is applicable.
The list of officers, with reference to their rank and function, who have access to the Central Judicial Officer, is prepared annually and transmitted according to the same periodicity to the Central Judicial Officer Service.
The data collected or obtained under this section shall be destroyed immediately after the decision to impose an administrative fine has become final or, in the event of a court appeal, immediately after the judgment.
§ 3. After the King's prosecutor made the notification referred to in Article 24, § 2, paragraph 2, 5, or if he did not make any of the declarations as referred to in Article 24, § 2, paragraph 2, within the time limit provided for in that regard, the agents referred to in paragraph 1er inform, by registered letter to the position, accompanied by a copy of the minutes referred to in Article 24, § 1erthe person concerned of the facts for which an administrative fine may be imposed, the right to consult his file and to be assisted by counsel, as well as the opportunity to present his defence in writing, under penalty of inadmissibility, within a period of thirty days that takes place from the third business day that follows the day the letter was filed at the post.
The agents referred to in paragraph 1er communicate their decision to the individual by registered letter to the position.
The decision sets the amount of the fine and contains the provisions of Article 38. The letter also contains an invitation to pay the fine within the time limit set by the King. The fine is based on the seriousness of the facts that justify it and, where applicable, the property benefits derived from the offence.
Notification of the decision extinguishes public action.
Payment of the fine extinguishes administrative action.
§ 4. An administrative fine may not be imposed after a period of five years from the day the offence referred to in article 34, § 1er, was committed.
Proceedings of investigation or prosecution within the time limit set out in paragraph 1erincluding the notification of the Public Prosecutor ' s decision to initiate or not criminal proceedings and the notification of the possibility of submitting defences as referred to in paragraph 3, paragraph 1erinterrupt the course of the limitation referred to in paragraph 1er. These acts result in a new period of equal duration, even in respect of persons who were not involved in it.
Art. 37. § 1er. By the same decision as that by which they inflict administrative fine, the agents referred to in Article 36, § 1er, may grant, in whole or in part, the stay of the execution of the payment of that fine.
The stay is only possible if the agents referred to in Article 36, § 1er, did not make any other administrative fine to the offender or if there was no criminal conviction on the basis of this Act for the one-year period preceding the date of the offence.
The stay is valid for a one-year trial period beginning to run from the date of notification of the administrative fine decision.
The stay is revoked in full right when a new offence of the same level or higher level is committed during the trial period and this new offence results in a decision imposing a new administrative fine or a criminal conviction.
The stay may also be revoked when a new offence of a lower level is committed during the trial period and that this new offence entails a decision imposing a new administrative fine or a criminal conviction.
In order to determine whether an offence is at a lower level, at the same level or at a higher level, the maximum amounts of administrative fines for these offences must be compared.
The stay is revoked by the same decision as that by which the administrative fine is imposed for the new offence committed within the trial period.
The administrative fine whose payment becomes enforceable as a result of the revocation of the stay is cumulative with that imposed by the head of the new offence.
In case of appeal, pursuant to Article 38, against the decision of the agents referred to in Article 36, § 1erthe court has the same jurisdiction.
§ 2. If the person who is liable for the administrative fine remains in default of payment of the fine after the period fixed by the King, the decision shall be notified to the Administration of the cadastre, registration and domains for recovery, in accordance with Article 3 of the State Law of 22 December 1949.
§ 3. The King sets the time and rules for payment of administrative fines imposed by the agents referred to in section 36, § 1er.
Art. 38. A person who contests the decision referred to in section 36, § 3, may lodge an appeal with the police court, within one month of the notification, as soon as the notice is due. This appeal suspends the enforcement of the decision.
The decision of the police court is not subject to appeal.
PART 6. - Steering Committee on Road Transport
Art. 39. § 1er. A consultation and advisory body shall be established with the competent authority for the carriage of passengers by road, under the name of the Committee for Consultation on the Transport of Passengers by Road.
§ 2. The Steering Committee on Road Passenger Transport is composed of representatives of the competent administration for the transport of road travellers and representatives of representative organizations of transport contractors and workers employed in transport companies.
§ 3. The objectives of the Steering Committee on Road Transport are:
1° allow the Minister or his delegate to inform the professional and trade union organizations referred to in paragraph 2 of any matter that may be of interest to the area of passenger transport by road and to consult on this matter;
2. allow the professional and trade union organizations referred to in paragraph 2 to submit to the Minister or his or her delegate or to the relevant ministerial departments the problems of the sector they represent and to consult on this matter;
3° of its own initiative or at the request of the Minister or his delegate, give the Minister a reasoned opinion on any matter relating to the carriage of passengers by road;
4° at the request of the Minister or his delegate, give a reasoned opinion for the assessment of the reasonableness as referred to in Article 11, § 8.
§ 4. In order to achieve the objectives set out in paragraph 3, the Steering Committee on the Transport of Passengers by Road may establish working groups to consider specific issues.
§ 5. The King determines:
1° the composition of the Steering Committee on Road Transport;
2° the operation of the Steering Committee on Passenger Transport by Road;
3° the minimum number of meetings per year.
§ 6. The Minister appoints the Chair of the Passenger Transport Committee by road.
PART 7. - Amending, abrogatory and transitional provisions
Art. 40. § 1er. Article 601ter of the Judicial Code, inserted by Article 8 of the Act of 13 May 1999, is supplemented by the provision in 5°, which reads as follows:
"5° the appeal against the decision to impose an administrative fine under Article 36, § 3, of the Act of 15 July 2013 relating to the carriage of passengers by road and carrying out Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules on the conditions to be followed in the occupation of carrier by road, and repealing Directive 96/26/EC of the Council, and enforcing ".
§ 2. Article 10 of the Act of 17 April 1878 containing the Preliminary Title of the Code of Criminal Procedure, last amended by the Act of 6 February 2012, is supplemented by the provision under 8°, as follows:
"8° the offence referred to in Article 30, § 4, of the Act of 15 July 2013 relating to the carriage of passengers by road and carrying out the Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules on the conditions to be followed for the occupation of carrier by road, and repealing the Directive 96/26/EC of the Council, and carrying out the Regulation (EC) No 1073/2009 of the European Parliament ".
Art. 41. The regulations made pursuant to the Decree-Law of 30 December 1946 relating to the paid carriage of passengers by road by buses and coaches, not contrary to this Act, shall remain in force until they are repealed or replaced by orders made under this Act.
Art. 42. Abrogated in the Decree-Law of 30 December 1946 on the paid carriage of passengers by bus and coaches in respect of the federal authority:
1° Article 1erin respect of the transportation activities referred to in section 2 of this Act;
2° Article 2, paragraph 1erC;
3° articles 14, 15, 30, 30bis, 31, 31bis, 32 and 33;
4° in articles 2bis, 16, 18, 19 and 22, the words " Occasional services".
Art. 43. Agents who have been invested with a judicial police mandate or the quality of a judicial police officer pursuant to section 31 of the Decree-Law of 30 December 1946 relating to paid travel by bus and coaches are competent for the search and recognition of violations of community regulations, this Act and its enforcement orders, until such time as they exercise another function.
Art. 44. The ABL Institute of Road Transport and Logistics Belgium, Rue Archimède 5 to 1000 Brussels is, for one year after the coming into force of this Act, recognized for the organization of professional capacity courses for passenger transport contractors by road scheduled for Appendix Ire Regulation (EC) No 1071/2009.
PART 8. - Entry into force
Art. 45. The King shall determine the effective date of this Act.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Brussels, 15 July 2013.
ALBERT
By the King:
The Minister of the Interior,
Ms. J. MILQUET
The Minister of Justice,
Ms. A. TURTELBOOM
Minister of Finance,
K. GEENS
Secretary of State for Mobility
Mr. WATHELET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
Parliamentary references:
Documents of the House of Representatives:
53-2613 -2012/2013:
Number 1: Bill.
Number two: Report.
Number 3: Text corrected by commission.
No. 4: Text adopted in plenary and transmitted to the Senate.
Full report: 23 May 2013.
Documents of the Senate:
5-2107 -2012/2013:
No. 1: Project not referred to by the Senate.