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

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013014761&caller=list&article_lang=F&row_id=900&numero=926&pub_date=2014-02-18&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-02-18 Numac: 2013014761 FEDERAL PUBLIC SERVICE mobility and transport 15 July 2013. -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 occupation of road transport operator and repealing Council Directive 96/26/EC of the Council, and execution of Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules for access to the market international carriage by coach and bus services, and amending Regulation (EC) No 561/2006 (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: title 1. -General Chapter 1. -Provisions introductory Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
Section 1st.
-Scope art. 2. this Act applies to the carriage of passengers below: 1 ° the occasional services, carried out as major or not.
2 ° Service regular and regular specialized international, carried out as a main or not, except the transport referred to in article 6, § 1, X, paragraph 1, 8º, of the Special Act of 8 August 1980 institutional reforms;
3 ° transport for own account, except the transport referred to in article 6, § 1, X, paragraph 1, 8º, of the Special Act of 8 August 1980 institutional reforms.
Section 2. -Definitions art. 3 § 1. For the purposes of this Act and its orders of execution, shall mean: 1 ° "Minister": the Minister who has the carriage of passengers by road in his or her attributions;
2 ° "undertaking": any natural person, any legal person with or without profit, an association or a group of persons without legal personality, with or without profit, as well as any body within the public authority, whether having its own legal personality or that dependent upon an authority having such personality, which engages in the carriage of passengers by road within the meaning of this Act;
3 ° 'vehicle': any bus or coach;
4 ° "payer": any person physical, any legal person, with or without profit, any person acting on behalf of an association of persons without legal personality, and with or without profit, as well as any body within the public authority, it is equipped with an own legal personality or being dependent upon an authority with a legal personality, which concludes a contract of carriage with a business of carriage of passengers by road and with a travel intermediary;
5 ° "Professional client": a) the payer who enters into a contract of carriage with a passenger by road transport company and whose activity is to organize, to order or to enforce, for consideration or usual way of travel, especially by road; or (b) the carriage of passengers by road company that enters into a subcontract;
6 ° "Professional client": the payer who enters into a contract of carriage with a company for the carriage of passengers by road or with a travel intermediary and whose activity is not to organize, to order or to enforce, for consideration or usual way of travel, especially by road;
7 ° "public place": public roads, grounds open to the public and land 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 concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council directive 96/26/EC;
9 ° "Regulation (EC) No. 1073/2009": Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006;
10 ° "Community rules": the Community legislation on the carriage of passengers by road.
§ 2. Terms not defined in this Act shall be understood in accordance with the definitions given in the Community legislation.
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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 s.
4. undertakings which are established in Belgium can perform passenger transport referred to in article 2, 1 ° and 2 °, than if they have of the Community licence referred to in article 4 of Regulation (EC) No 1073/2009.
S. 5. any national transport on own account is allowed only when it is primarily for the carriage of persons with a real and continuous link with the company.
S. 6 passenger transport services referred to in article 2 may be carried out on the national territory if control and authorization documents as determined by the King are on board vehicles used for this purpose.
CHAPTER 3. -License community s.
7 § 1. The Community licence referred to in article 4 of Regulation (EC) No 1073/2009 is granted by the Minister or his delegate, on request, to the undertaking which fulfils the conditions of access to the profession and practice of the profession referred to in title 2; This licence is refused or withdrawn by the Minister or his delegate if the company does not comply or no longer complies with these conditions.

§ 2. The King may decide to issue electronic community licences from a date as it may determine.
§ 3. The King fixed: 1 ° the rules relating to the issue, replacement, renewal and cancellation of community licences, taking account of the provisions of regulations (EC) nos 1071/2009 and 1073/2009;
2 ° the conditions of validity of the Community licence, taking into account the provisions of Regulation (EC) No 1073/2009;
3 ° rules on refusal and withdrawal of community licences, taking account of the provisions of regulations (EC) nos 1071/2009 and 1073/2009;
4 ° the prospective period during which community licences which have been the subject of a withdrawal can no longer be issued again;
5 ° the statistical information to be provided by the companies.
S. 8 § 1. Any company seeking licensed community or is licensee, as well as its servants and agents, are required to provide to the Minister or his delegate any information and any documents in accordance with Community legislation, this Act and its implementation orders.
The Minister or his delegate determines the period in which the information or document must be provided.
The Minister or his delegate may not ask the company, its servants and agents, who are already in possession of a Belgian authority and information it can obtain directly and free of charge electronically with this authority. He can no longer, if this information is not provided directly, blamed the person concerned.
§ 2. Any person physical or legal, private or public, shall provide to the Minister or his representative any information and any documents in the conditions defined by this law and its orders of execution, as well as any other information and any other document that the Minister or her delegate considers it necessary for the issue or the maintenance of the Community licence within the time limit that it determines.
TITLE 2. -Access to the profession and practice of the profession Chapter 1. -Conditions art.
9. any company who wants access to the occupation of road passenger transport operator or which exercises this profession, must satisfy the conditions of establishment, repute, professional competence and financial capacity laid down in article 3 of Regulation (EC) no 1071/2009 and the present title.
CHAPTER 2. -Hotel Arts 10. Apart from article 5 provided documents,), of the Regulation (EC) no 1071/2009, the roadmaps should, where appropriate, also be permanently available at the Belgian establishment of the undertaking.
CHAPTER 3. -Good repute article
11 § 1. The company satisfies the condition of good repute when the company itself, the designated transport Manager or the persons responsible for the day-to-day management of the company, have incurred in Belgium or abroad: 1 ° a serious criminal conviction, cast in force of res judicata in the last ten years, subject to rehabilitation, for: a) import, export, or transit of weapons ammunition and material especially intended for military use and technology y;
(b) counterfeiting or falsification of seals and stamps;
(c) false writing and use of forgeries;
(d) corruption of public officials;
(e) theft, extortion, embezzlement, breach of trust, scam, concealment or any other transaction relating to learned things of an offence;
(f) breach the State of bankruptcy and fictitious traffic bills or violation of the provisions on the supply of cheques or other securities in payment in cash or views of available funds;
(g) breach of legislation on tax on added value, to customs and Excise;
h)

regulatory offence on the annual accounts and the accounting firms;
(i) belonging to a criminal organization;
j) trafficking in persons;
(k) breach of the regulations to poisonous, soporific, narcotic, psychotropic, disinfecting, antiseptic substances and substances for hormonal, antihormonal, anabolic, beta-adrenergic action or stimulatory effect of production, anti-infectious, antiparasitic and anti-inflammatory;
(l) breach of legislation on road traffic police;
(m) regulatory offence relating to conditions of work, failure to report work, social documents, collective labour relations and social security;
(n) illegal work;
2 ° two or more serious criminal convictions, cast into force of res judicata, for offences under the regulations for road traffic police, during the last ten years, subject to rehabilitation;
3 ° a still ongoing professional ban for one of the offences referred to in 1 °, b), c), (d)), e), f), g) and i) or article 31 § 4.
4 ° a leaked criminal sentence in force of res judicata or a sanction, during the last ten years, subject to rehabilitation including the planned rehabilitation in paragraph 7, for an offence serious regulations: has) at time of driving and drivers rest, work and time; for the installation and use of recording equipment
(b) the professional capacity, initial training and the training continues drivers;
(c) to the technical condition of vehicles, including the compulsory roadworthiness test;
(d) the access to the road transport market.
(e) the installation and use of speed limitation devices;
(f) driving permits;
(g) the access to the profession of road transport operator.
When a legal person is responsible for the day-to-day management of the company, the condition in paragraph 1 also applies to such person and to the permanent representative of the legal person.
§ 2. For the purposes of the provisions of subsection 1, paragraph 1, 1 °, is considered criminal serious conviction, any criminal conviction which gave rise to a main prison sentence exceeding six months or a fine of more than 4,000 euros.
§ 3. For the purposes of the provisions of subsection 1, paragraph 1, 2 °, are considered to be two or more criminal convictions serious, all of the convictions which, overall, have resulted in imprisonment total main more than four months or to a total greater than 2,000 euro fine.

§ 4. For the purposes of the provisions of subsection 1, paragraph 1, 1 ° and 2 °, it is not taken into account of the additional decimated in the event of criminal fines.
For the purposes of the provisions of subsection 1, paragraph 1, 2 °, it is not taken into account: 1 ° of convictions to a fine not exceeding 75 euros or main imprisonment which is not more than 15 days;
2 ° of sentences or parts of sentences with a reprieve if the fine is less than 1,000 euros or if the main sentence is less than three months.
With respect to the convictions for offences to which the legislation on the additional decimated on criminal fines is not applicable, the amount to be taken into consideration is the quotient resulting from dividing the amount of the fine imposed by a divisor to be determined by the King.
§ 5. Are considered as offences for the purposes of the provisions of subsection 1, paragraph 1, 4 °, those which are set out in the list of the most serious offences in annex IV of Regulation (EC) no 1071/2009.
The King complete the list of offences referred to in paragraph 1 by the list of serious infringements to Community rules to be established by the European Commission as provided for in article 6, paragraph 1, subparagraph 3, b), of Regulation (EC) no 1071/2009.

§ 6. For the purposes of the provisions of subsection 1, paragraph 1, 4 °, is meant by 'penalty': any payment of a sum which extinguished public action, any administrative fine, as well as any equivalent sanction imposed abroad.
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7. Any person who has incurred a criminal conviction or sanction for an offence under the regulations referred to in paragraph 1, paragraph 1, 4 °, is for the purposes of this article, be considered as rehabilitated for the offence after a period of two years or, in case of recidivism, after a period of four years.
The person or the company in question must have paid the fine. When the penalty is prescribed, that person cannot be considered to be rehabilitated for the offence unless the failure to execute is not attributable to him. The Minister or his delegate may ask the person concerned a proof of payment.
§ 8. When the company, its manager of transport or one of the persons entrusted with the daily business operation incurred a criminal conviction or sanction for a serious offence referred to in paragraph 1, paragraph 1, 4 °, the Minister or his delegate examines repute and determines if the refusal or withdrawal of the status of good repute is disproportionate in this case.
Any finding in this sense must be motivated.
§ 9. When the transport Manager does not meet the condition of good repute, the Minister or his delegate declares that it is unfit for the direction of operations of a business to which regulation (EC) no 1071/2009 is directly applicable or to which the application of this regulation has been extended.
S. 12. the King determines: 1 ° the modes of proof of the condition of good repute;
2 ° the deadline for the company to produce the evidence referred to in 1 °;
3 ° the periodicity of control of the status of good repute;
4 ° the rules relating to the review of good repute referred to in article 11, § 8.
CHAPTER 4. -Capacity professional art. 13. the certificate of professional competence shall be issued by the Minister or his delegate to any person who has passed the examination. This review is organized by a Board of review established by the Minister.
In preparation for the examination of professional competence, courses are organized by the Minister or his delegate or one or more institutions training recognized for this purpose by the Minister. Notwithstanding the provisions of paragraph (3), it has no obligation to follow these courses.
Candidates who fail the examination of professional competence during their first participation and have not followed the courses referred to in paragraph 2, are required to take these courses before enrolling again in the review.
S. (14. a company that does not meet the requirements of article 3, paragraph 1, d), of Regulation (EC) no 1071/2009, may designate a transport Manager to conditions laid down by article 4, paragraph 2, of the same regulation.
In this case, the transport manager can be designated in more than four companies totaling a fleet of 50 vehicles to the maximum.
The number of companies in which he is Manager of transport in the circumstances referred to in article 4, paragraph 1, of Regulation (EC) no 1071/2009 and the number of vehicles that relate to these companies must be deducted from the maximum provided for in paragraph 2.
For the purposes of paragraphs 2 and 3, means "enterprises" and "vehicles" all undertakings in road transport and motor vehicle to which regulation (EC) no 1071/2009 is directly applicable or expanded the application of this regulation.
S. 15. any appointment of a manager of transportation, as well as any amendment or cessation of the status of the designated transport Manager, must be communicated to the Minister or his delegate.
S. 16. the King determines: 1 ° the modes of proof of professional competence, the delay that is eventually granted to the company to present evidence and periodicity of control of the status of professional competence;
2 ° the selection criteria and the criteria weighted accreditation on the basis of which training organizations are approved by the Minister;
3 ° the terms of the request for approval to introduce by the agencies candidates as well as the period of validity of the approval;
4 ° the possible additional material which, apart from those listed in annex I of Regulation (EC) no 1071/2009, subject courses and examination;
5 ° the detailed rules for the organisation of courses and examination;
6 ° the deadline: has) to the Manager of transportation to report to the Minister or to one delegate that his status in the company is amended or has ended.
(b) to the company to report to the Minister or his delegate as its transport Manager is died or become physically unable;
((c) for the company to regularize his situation after that occurred one of the events referred to in the a) and (b));
7 ° any exemptions to the obligations laid down in article 13.
CHAPTER 5. -Capacity financial arts. 17 § 1. The company which is held in the filing of annual accounts with the National Bank of Belgium satisfies 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 undertaking is a natural person or a legal person who is not required to publish annual accounts with the National Bank of Belgium, it satisfies

the condition of capacity financial when it justified the establishment of a joint and several guarantee as provided for in article 7 of Regulation (EC) no 1071/2009.
S. 18. the King determines: 1 ° the mode of proof of capital and reserves;
2 ° the obligations of companies in case of reduction of the amount of their capital and reserves;
3 ° the nature of bonds authorized to form the bond;
4 ° the bond allocation;
5 ° the call to bail rules;
6 ° the obligations of the parties involved in the case on bail and if reduction or termination of the suretyship.
7 ° the rules relating to the release of the bond.
TITLE 3. -Co-responsibility Chapter 1. -Obligations art.
19. at the time of the conclusion of the contract of carriage on one of the transports of passengers referred to in article 2, 1 ° and 2 °, the Professional client is required to ensure that the carrier has the original of the Community licence.
S. 20. it is forbidden to the Professional client, to the originator's professional as well as their agents empowered to give instructions to the driver of the vehicle during the trip, to give instructions or ask leading acts: 1 ° the overrun of the maximum allowed people to carry, as this number is contained in the certificate of roadworthiness of the vehicle;
2 ° failure to comply with the requirements at the time of driving and rest periods for drivers of vehicles;
3 ° exceeded the maximum allowable speed of the vehicles.
S. 21. it is forbidden the carrier to run a transport for a price predatory.
It is forbidden for the originator's professional to encourage the carrier to execute a transport for a price predatory.
By "predatory price" means a price inadequate to cover, both:-inescapable positions of the cost of the vehicle, including depreciation or rent, tires, fuel and maintenance.
-costs arising from legal or regulatory obligations, including in matters fiscal, social, insurance and security;
-costs arising from the administration and the management of the company.
TITLE 4. -Control Chapter 1.
-Qualified agents art. 22 § 1. Control compliance with the Community legislation, this Act to its orders of execution, as well as research and the finding of infringements to Community regulations, this Act and its execution orders are entrusted: 1 ° to the police officers of the federal police and local police;
2 ° to the agents of the service which is competent for the transport by road of the federal public Service mobility and transport;
3 ° to the agents of the Administration of the Customs and Excise Service federal public finance.
§ 2. Agents referred to in paragraph 1 which are responsible for the search and the finding of infringements to Community regulations, this Act and its execution orders shall bear the quality of judicial police officer.
They are appointed by the King.
§ 3. The officers referred to in paragraph 2 are responsible for the application of articles 27 and 28, provided that they have been individually authorized by the Prosecutor the Court of appeal within the jurisdiction of the administrative home of these agents.
CHAPTER 2. -Monitoring, research and recognition of offences art. 23 § 1.
The officers referred to in article 22 may be introduced in any vehicle, both in traffic than parking on the public highway or in places accessible to the public if, on basis of behaviour of the driver or the passenger, on basis of physical indications or circumstances of time and place, they have reasonable thinking bases that the vehicle is used to commit violations of the provisions of Community legislation This Act and its implementing orders.
In the circumstances referred to in paragraph 1, they may also conduct a search of the vehicle provided that the search lasts more than the time required by the circumstances which justify it.
The search of a vehicle which is landscaped in a permanent manner as a dwelling and which, at the time of the search, is actually used as a dwelling, is considered a search.

§ 2. With a view to checking compliance with Community regulations, this Act and its implementation orders, the officers referred to in article 22 have access to real property destined to the professional activities of carriers, their donors of any person who is involved in the execution of passenger traffic and order.
This right of access can only be exercised between eight and eighteen hours, except in the case where the properties are assigned exclusively to professional activities or in the case where it is found that professional activities are underway. The right of access can only be exercised in the presence of at least a person who has the real enjoyment of the immovable property or a person designated by it.
§ 3. The officers referred to in article 22 may carry out searches if there are clues that this measure will acquire the evidence of the guilt of the person suspected of having committed such infringement as defined by Community legislation, this Act and its enforcement orders, and this subject, on pain of nullity, the prior approval of the investigating judge. Authorization refers to the nature of the offence and objects to search. The search must take place between five and twenty-one hours.
The provisions of the Judicial Code relating to unilateral application shall not apply to the search authorization request.
The authorisation referred to in paragraph 1 is not required if the person who has the full enjoyment of the place gives his prior agreement in writing.
The search can take place at home or at the residence of the accused or the person suspected of an offence such as defined by the Act, for any useful to the manifestation of the truth or to carry out a seizure.
If necessary, it can be appealed to the assistance of the federal police and local police in the absence of long term or refusal of the inhabitant.
It asked the suspect to attend the search. If the person is absent or is not representative, the search will take place in the presence of two witnesses.
The search always gives rise to the drafting of a report containing the specific conduct of the activities and their outcome.
§ 4. The King determines a list of documents to be presented at the request of an officer referred to in article 22.

§ 5. The officers referred to in article 22 may, in the exercise of their mission: 1 ° take the identity of any person, question him and convene the hearing.
The identity check and examination are limited to persons whose agents can reasonably be assumed to carry out the activities referred to in paragraph 2, paragraph 1, or that they believe necessary audition for the exercise of their mission. the interrogation must bear on facts whose knowledge is useful in the exercise of their mission;
2 ° to review of all information media which occur in places subject to their supervision and that contain data which, pursuant to a statute, must be established, maintained and preserved, although these agents are not responsible for the control of this law, as well as take copies, in any form whatsoever These media information or information they contain or be providing these free of charge by the company, its servants or agents. By "media", it means all media such as books, records, documents, materials, digital information, disks and tapes. Searching or copying of digital media that are protected by a password is only possible with the consent of the investigating judge.
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6. All State services, including parquet and transplants courses and all courts, services of the provinces, communes, associations of municipalities and all the services of public institutions that depend on it, as well as any person deprived, must, at the request of the officers referred to in article 22, provide all information and produce them all acts books, records, documents, disks, tapes or other media, with the exception of the information and documents protected by a legal professional secrecy, as well as other than information and documents relating to judicial procedures that haven't been completed, which may be given only with the authorization of the Attorney general. Services referred to in paragraph 1 are required to provide the information, extracts, copies, prints and listings free of charge.
§ 7. The officers referred to in article 22 cannot grasp that what is necessary to prove an infringement, to retain assets acquired as a result of a breach of articles 4 and 6, or search for sponsors and accomplices of the offenders.
The seizure can take place on the premises where they perform their function or the scene where they perform a search such as determined in paragraph 3.
They are obliged, under pain of nullity, to inventory the things that were seized or which were surrendered voluntarily by the persons who are in possession. These operations give rise to a record.
The

things seized are lodged at the registry of the court police or, in case of offence referred to in articles 30, § 4, and 31, at the registry of the Court.
If the entry of debts, with the exception of seizure of securities or bearer, seizure is effected by written notification to the debtor. It is shipped to the debtor by registered letter to the post as well as by mail. This letter contains, further references to the case, the text of paragraph 7 of this subsection of Section 1452 of the Judicial Code and article 28sexies or 61quater of the Code of criminal procedure.
The minutes is presented for signature to the seized who can receive a copy free of charge. In case of garnishment, both the third seized that the seized are entitled to a copy free of charge in those minutes. A document containing the particulars specified in paragraph 5 is transmitted to the garnishee.
From the date of receipt of the notification, the garnishee can no longer dispose of money or things subject to seizure. Within a period of fifteen days after the seizure, the garnishee shall declare, by registered letter to the post office, money or things subject to the seizure pursuant to Section 1452 of the Judicial Code. The garnishee has the right to the reimbursement of expenses of declaration; These costs are considered as legal costs.
§ 8. Research actions provided for in this article, which are raised in a judicial investigation are subject to the provisions of articles 61 to 61quinquies of the Code of criminal procedure.

§ 9. The agents referred to in article 22, paragraph 2, have access at all times and only their missions through an automated link, the information registered in the criminal record, such as determined in article 593 of the Code of criminal procedure.
The King lays down the conditions of the agents referred to in article 22, paragraph 2, access to other data banks as it may determine.
§ 10. The officers referred to in article 22 can request assistance from the federal police and local police in the exercise of their functions.
§ 11.
Without prejudice to the confidentiality of criminal investigations, the officers referred to in article 22 can communicate information they have obtained in their investigation to all officers of the control of other legislation insofar as such information might affect them in the performance of their missions.
S. 24 § 1. Except in the case of application of article 27, the officers referred to in article 22 are looking for offences to Community regulations, this Act and its orders of execution; they find these offences in the minutes authentic until evidence to the contrary.
§ 2. These minutes are forwarded to the Prosecutor of the King and, when the findings have not been made in a public place, to the agents referred to in article 36, § 1.
In the latter case, the Prosecutor has a period of three months, as of the date of receipt of the minutes, to notify the officers referred to in article 36, § 1: 1 ° that information or a judicial investigation has been opened, or 2 ° proceedings commenced, or 3 ° that it has applied section 216bis or 216ter of the Code of criminal procedure , or (4) that the file has been classified without continued on grounds relating to the constituent elements of the offence, or 5 ° that the folder has been classified without suite for reasons that are not related to the constituent elements of the offence.
A copy of the minutes is addressed to offenders within fifteen days from the date of the finding of the offences.
§ 3. Paragraph 2 shall not apply to the minutes drawn up in the context of a judicial investigation.
TITLE 5. -Sanctions Chapter 1. -Administrative measures of office art.
25 when one of the officers referred to in article 22 found that a passenger transport by road is carried out using a vehicle not covered by a Community licence valid in accordance with article 4 or without control or valid in accordance with article 6 authorization document, he may, without prejudice to the provisions of article 24, proceed with the immobilization of vehicle and transfer of passengers in another vehicle at the expense of the offender.
S. 26 § 1.
Any Community licence referred to in article 4 subject to a decision to withdraw, which is found in the possession of its owner or agents, is against acknowledgement of receipt, immediately seized by the officers referred to in article 22 and forwarded to the Minister or his delegate.
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2. Any document referred to in articles 4 and 6, which is found in the possession of one person other than the holder or its employees, or which is not valid under Community legislation, this Act and its orders of execution, as well as any forged document is, against acknowledgement of receipt, immediately seized by officers referred to in article 22 and as appropriate, forwarded to the Minister or his delegate or lodged at the registry of the Court.
In relation to companies with an establishment in Belgium, the documents referred to in paragraph 1 can be returned until sixty days after the seizure, and at the request of the holder, except if it appears that no fault can be attributed to him. In the latter case, the documents are returned as soon as the Minister or his delegate came to the conclusion that he has committed no fault.
CHAPTER 2. -Collection and deposit of a sum when certain offences art. 27 § 1. When in a public place of any of the offences referred to in article 30, it can, if the fact has not caused injury to others and subject to the agreement of the author of the offence, be perceived either immediately or within a period determined by the King, a sum whose amount cannot be greater than the fine for this offence plus additional decimated.

§ 2. The payment of the sum referred to in paragraph 1 off public action, unless the public prosecutor shall notify the person concerned, within two months from the day of payment, which it intends to bring a public action.
The notification takes place via registered mail;
It is deemed to be made the third working day following the day of the filing to the position, except where the addressee provides evidence to the contrary.
§ 3. The provisions of this article shall not apply where the offence is committed by one of the persons covered by articles 479 and 483 of the Code of criminal procedure.
S. 28 § 1. If the author of the infringement found in a public place, has no domicile or residence fixed in Belgium and do not pay immediately the proposed amount, it shall record into the hands of the officers referred to in article 22 a sum to cover the fine and any legal costs.
§ 2. The vehicle driven by the perpetrator of the offence is retained at the cost and risk of the latter until the sum referred to in paragraph 1 and the rationale for the payment of any costs of conservation of the vehicle.
§ 3. If the amount owing is not paid within six hours, from the finding of the infringement, the seizure of the vehicle may be ordered by the public prosecutor.
A notice of seizure is sent to the owner of the vehicle within two working days.
The author of the offence supports the costs and risks related to the vehicle for the duration of the seizure.
The seizure is lifted after proof of payment of the amount to be recorded and any costs of conservation of the vehicle.
§ 4. If the exercise of public action results in the conviction of the person concerned, the following provisions shall apply: 1 ° when legal costs owed to the State and the pronounced fine are lower than the amount collected or recorded, the excess is returned to the person concerned;
2 ° when the vehicle was seized, the competent authority for the management of the areas is the sale of the vehicle default of payment of the fine and court costs within forty days of the pronouncement of the judgment; This decision is enforceable notwithstanding any appeal.
When due legal costs to the State, the fine imposed as well as the costs of conservation of the vehicle are lower than the proceeds of the sale, surplus is returned to the person concerned.
§ 5. In case of acquittal of the person concerned, the amount collected or recorded, or the vehicle seized is returned; legal costs and any costs of conservation of the vehicle are borne by the State.
§ 6. In the case of conditional condemnation of the person concerned, the amount collected or recorded is rendered after deduction of the costs of justice; the seized vehicle is rendered after payment of legal fees and proof of payment of the costs of conservation of the vehicle.
§ 7. When the public prosecutor decides not to prosecute or when public action is extinguished or prescribed, the recorded amount or the seized vehicle is returned to the person concerned.

§ 8. When in application of article 216bis of the Code of criminal procedure, the sum fixed by the Crown is less than the amount collected, the surplus is returned to the person concerned.
S.
29. the King shall determine the amount of the sum to be collected referred to in article 27, § 1, and the sum to record referred to in article 28 § 1 and the procedures for its collection.
CHAPTER 3. -Provisions criminal art. 30 § 1.
Shall be punished by a fine of 50 to 250 euros, plus additional decimated, those who transgress the following provisions of this Act and its orders of execution: 1 ° rules

issuance, replacement, renewal, cancellation and the validity of community licences, laid down by the King by virtue of article 7, § 3, 1 ° and 2 °.
2 ° the obligations to provide statistical information, set by the King under article 7, § 3, 5 °;
3 ° the obligations of guarantors in case on bail and if reduction or termination of the suretyship, determined by the King under section 18, 6 °.
§
2. Without prejudice to articles 269-274 of the penal Code, are punishable of imprisonment from eight days to six months and a fine of EUR 1,250 to 50,000, plus additional decimated, or one of those penalties only, those who, by any means whatsoever, hinder or prevent the control of compliance with Community legislation, this Act and its implementing orders.

§ 3. Shall be punished to imprisonment of eight days to one year and a fine of 500 to 50,000 euros, plus additional decimated, or one of those penalties only, those who transgress the following provisions of Community rules, this Act and its orders of execution: 1 ° the obligation to hold a valid Community licence, in accordance with articles 4 and 14 of Regulation (EC) No 1073/2009 and section 4 of this Act;
2 ° the obligation to hold documents and control of valid authorization, in accordance with article 6;
3 ° the obligation, determined by the King under article 7, § 3, 3 °, render the community licences which have been the subject of a decision to withdraw;
4 ° the obligation to provide information or documents, in accordance with article 8;
5 ° the transport Manager rules laid down in article 4 of Regulation (EC) no 1071/2009;
6 ° the obligation referred to in article 15 as well as the obligation to respect the time limits set by the King under section 16, 6 ° a) and b), relating to the transport Manager.
§ 4. The punishment of imprisonment of three months to three years and sentenced to the prohibition of the exercise of their rights, in accordance with article 33 of the Criminal Code, those who infringe a Community licence or which make use of a counterfeit Community licence.
S. 31 § 1. Without prejudice to the application of heavier penalties in the penal Code, shall be punished by imprisonment of one month to two years and a fine of 1,000 to 20,000 euros, plus additional decimated, those who have provided or made knowingly provide inaccurate or incomplete information or made knowingly inaccurate or incomplete to acquire or retain for themselves or for a third party a Community licence or authorization documents respectively referred to in articles 4 and 6.

§ 2. Communication by default of foresight or precautionary information or declarations referred to in paragraph 1 is punishable by a fine of 50 to 500 euros, plus additional decimated.
§ 3. The requirement of public action starts from the cessation of the use of the document that has been acquired or retained by the fact of having supplied information or declarations referred to in paragraph 1.
§ 4. The judge who condemns a person even conditionally, as perpetrator or accomplice of the offence referred to in paragraph 1, can match its condemnation of prohibition, personally or through an intermediary person, the profession of road transport operator referred to in article 11, § 9, or, where appropriate, the prohibition to argue his certificate or the certificate of professional competence in a business of transportation referred to in article 11 , § 9, during a period of one year at least and at most three years.

§ 5. Each breach 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 decimated.
S.
32 § 1. The professional payer is subject to the penalties laid down in article 30, paragraph 3, if it violates, even by default of foresight or caution, the obligation referred to in article 19.
§ 2. The originator's professional, the professional contractor and/or their agents empowered to give instructions to the driver of the vehicle during the trip, shall be punished in the same way as the authors of contraventions and offences committed by the company, if they transgress the prohibitions laid down in article 20.
§ 3. The carrier is subject to the penalties laid down in article 30, paragraph 3, if he transgresses the prohibition referred to in article 21, paragraph 1.
The professional payer is subject to the penalties laid down in article 30, paragraph 3, if he transgresses the prohibition referred to in article 21, paragraph 2.
S. 33 § 1. All the provisions of book I of the Code penal, including Chapter VII and article 85, shall apply to all offences defined in this chapter.

§ 2. In the event of a subsequent offence within two years from the conviction, sentencing, without prejudice to article 56 of the penal Code, may be less than double the sentence previously the head of the same offence, unless the judge determines that extenuating circumstances may be taken into account.
§ 3. In the event of conviction for carriage of passengers carried out by means of a vehicle not covered by valid permission and control documents, pursuant to article 6: 1 ° the judge may order the confiscation or the temporary immobilisation of the vehicle; in the event of temporary immobilization, the judge determines the duration and indicates where the vehicle will be set to the string, at the cost and risk of the owner;
2 ° the damages allocated to the civil party are privileged on the vehicle that was used to commit the offence. This privilege will rank immediately after that which is provided for in article 20, 5 °, of the mortgage law of December 16, 1851.
§ 4. By way of derogation from article 43, paragraph 1, of the Criminal Code, confiscation of the vehicle cannot be imposed for offences to Community regulations, this Act and its orders of execution in the cases determined in paragraph 3.
§
5. The police courts are competent to hear offences in article 30, §§ 1, 2 and 3 and article 32.
CHAPTER 4. -Fines administrative s.
34 § 1. Those who violate Community legislation, this Act or its orders of execution, may be sanctioned with administrative fines, under the conditions determined by this article, as far as the finding of the infringement is not made in a public place,: 1 ° of EUR 250 to 1,250 euros, for failure to comply with: a) of the rules relating to the issuance, replacement renewal, the radiation and the validity of the Community licence, determined by the King by virtue of article 7, § 3, 1 ° and 2 °;
(b) obligations to provide statistical information, set by the King under article 7, § 3, 5 °;
(c) obligations of the guarantors in case on bail and if reduction or termination of the suretyship, determined by the King under section 18, 6 °.
2 ° of 2 500 euros to 250 000 euros for non-compliance: a) from the requirement to hold a valid Community licence in accordance with articles 4 and 14 of Regulation (EC) No 1073/2009 and section 4 of this Act;
(b) of the obligation to hold documents and control of valid authorization, in accordance with article 6;
(c) of the obligation, laid down by the King under article 7, § 3, 3 °, render the community licences which were the subject of a decision to withdraw;
(d) the obligation to provide information or documents, in accordance with article 8;
(e) the transport Manager rules laid down in article 4 of Regulation (EC) no 1071/2009;
(f) the obligation referred to in article 15 as well as the obligation to respect the time limits set by the King under section 16, 6 °, a) and b) relating to the transport Manager;
(g) of the obligation of the professional contractor, in accordance with article 19, § 1, paragraph 1;
(h) from the prohibition for the carrier, as referred to in article 21, paragraph 1;
(i) from the prohibition for the professional contractor, as referred to in article 21, paragraph 2;
(j) to the prohibition to obstruct or prevent, in any way whatsoever, control of respect for Community legislation, this Act and its implementing decrees;
3 ° of five times the minimum amount to five times the maximum amount of the criminal fine, excluding the additional decimated, laid down in the regulations concerned for the offences referred to in article 20, 1 ° to 3 °: for failure to comply with the prohibitions referred to in article 20 for the professional contractor, the non-professional client and/or their agents empowered to give instructions to the driver of vehicle during the trip.
§ 2. The officers referred to in article 36, § 1, may, if there are extenuating circumstances, impose an administrative fine of less than the minimum amounts referred to in paragraph 1.
In the event of recourse in accordance with article 38, the Court has the same jurisdiction.
§ 3. In the case of competition of several offences set forth in paragraph 1, the amounts of the fines are cumulative, without that the total amount does not exceed the maximum amount of the heaviest fine double.

§ 4. In case of recidivism within two years following a decision imposing an administrative fine

or a criminal conviction based on this Act, the new administrative fine may be lower than double the fine imposed previously due to the same offence unless the employee believes that extenuating circumstances may be taken into account.
S.
35. an offence to Community regulations, this Act and its orders of execution such as defined in article 34, § 1, shall be liable to an administrative fine unless the Crown believes that, given the seriousness of the offence and, where appropriate, taking into account the economic benefits derived from the offence, criminal proceedings must be instituted.
Criminal proceedings exclude the imposition of an administrative penalty, even though an acquittal the fence.
The administrative fine may be imposed simultaneously with other administrative sanctions.
S.
36 § 1. The administrative fine is imposed by officials who are appointed for this purpose by the Minister. The King shall determine the conditions which these agents must satisfy.
Neither officers sitting in an organ advisory or decision-making for refusal / withdrawal of community licences referred to in article 4, which sit also representatives of the passenger transport sector, nor the agents had found the offences referred to in article 34, § 1st, may impose an administrative fine.
§ 2. The officers referred to in paragraph 1 have, exclusively for the imposition of administrative fines, free access, by means of a computerized link, the data stored in the central criminal, with the exception: 1 ° of convictions and decisions listed in article 593, 1 ° to 4 ° of the Code of criminal procedure;
2 ° rehabilitation cases and convictions under this rehabilitation;
3 ° of the decisions ordering the suspension of the imposition of sentencing and probationary suspension;
4 ° of judgments ordering a penalty work pursuant to the penal Code 37ter.
The agents referred to in paragraph 1 no longer have access to data concerning sentencing to imprisonment not exceeding six months, by simple declaration of guilt, sentencing to sentences of fine not exceeding 500 euros and sentences of fine sentences under laws relating to road traffic police coordinated by the royal decree of March 16, 1968, whatever their amount, after a period of three years from the day of the final judicial decision that pronounces them.
The officers referred to in paragraph 1 have access to data of convictions concerning the carriage of passengers by road and the counterfeiting of the coupons for the carriage of passengers and the use of counterfeit coupons, as referred in the offences nomenclature used by the central criminal records.
The data obtained pursuant to this section may be used only for the fulfilment of the tasks defined by or under this Act. They may not be communicated to third parties.
The persons to which relate these data or their legal representatives are not considered as third parties for the purposes of paragraph 4: 1 °;
2 ° who by or under the Act, are authorized to consult the file in which these data could be repeated;
3 ° the persons, authorities and services authorized, by or under the Act, accessing the central criminal data, insofar as it's data that can be communicated to them under their designation and the relationships they have between them during the exercise of their legal and regulatory powers.
The officers referred to paragraph 1 undertake in writing to ensure the security and confidentiality of the data to which they have access.
Article 458 of the penal Code shall apply.
The list of officers, along with their rank and their function, which have access to the central criminal records, is compiled annually and transmitted along the same periodicity to the central criminal records Service.
The data that is collected or obtained pursuant to this section are destroyed immediately after the decision to impose an administrative penalty became final or, in the event of recourse to the tribunal immediately after the judgment.
§ 3. After the Prosecutor has made the notification referred to in article 24, § 2, paragraph 2, 5 °, or if he made any statements as referred to in article 24, § 2, paragraph 2, within the period prescribed therefor, the agents referred to in paragraph 1 shall inform by registered letter to the post, accompanied by a copy of the minutes referred to in article 24 , § 1, the person concerned of the facts on which an administrative penalty may be imposed, the right to consult his file and have the assistance of counsel, as well as the opportunity to present its means of defence writing and, under penalty of inadmissibility, within a period of thirty days taking courses from the third working day following the day of deposit of the letter in the mail.
The officers referred to in paragraph 1 shall communicate their decision to the person concerned by registered letter to the post.
The decision fixes the amount of the fine and contains the provisions of article 38. The letter also contains an invitation to pay the fine within the period set by the King. The fine is a function of the seriousness of the facts which justify it and, where appropriate, economic benefits derived from the offence.
The notification of the decision turned off public action.
The payment of the administrative action off fine.
§ 4. Cannot be imposed administrative penalty after a period of five years from the day where the offence referred to in article 34, § 1, has been committed.
Investigative or prosecution acts carried out within the deadline set in paragraph 1, including the notification of the public prosecutor of his decision to prosecute or not criminal proceedings and the notification of the possibility of presenting defences as referred to in paragraph 3, subparagraph 1, interrupt the course of the limitation period referred to in paragraph 1. These acts are a new period of the same duration, even against those who were not involved.
S. 37 § 1.
By the same decision as that by which they inflict the administrative fine, the officers referred to in article 36, § 1, may, in whole or in part, to allow the stay of execution of the payment of the fine.
The relief is possible only if agents referred to in article 36, § 1, have not inflicted another administrative fine the offender, or as if there has not been a criminal conviction based on this Act during the period of one year preceding the date of the offence.
The stay applies during a timeout event in a year which starts to run from the date of notification of the decision imposing the administrative fine.
The suspension is revoked right when a new offence of the same level or a higher level is committed during the test period and that this new offence results in a decision imposing a new administrative fine or a criminal conviction.
The relief may also be revoked when a new lower level offence is committed during the test period and that this new offence results in a decision imposing a new administrative fine or a criminal conviction.
To determine whether an offence is of a lower level, the same level or a higher level, the maximum amounts of administrative fines for these offences should be compared.
The suspension is revoked by the same decision as that by which the administrative fine for the new offence within the test period is imposed.
The administrative fine which payment becomes enforceable as a result of the revocation of the stay is combined with that imposed by the head of the new offence.
In the event of recourse, in accordance with article 38, against the decision of the officers referred to in article 36, § 1, the Court has the same jurisdiction.
§ 2. If the person who is liable to pay the administrative penalty remains in default of payment of a fine after the deadline set by the King, the decision shall be notified to the Administration of the cadastre, registration and domains for its recovery, in accordance with article 3 of the national law of December 22, 1949.
§ 3. The King sets the time limit and the rules relating to the payment of the administrative fines imposed by the agents referred to in article 36, § 1.
S. 38. one who challenges the decision referred to in article 36 § 3, may appeal by way of petition the tribunal de police, within a period of one month from the notification, under penalty of forfeiture. This appeal suspends the execution of the decision.
The decision of the police court is not appealable.
TITLE 6. -Comité de concertation of the carriage of passengers by road s. 39 § 1. A body for consultation and notice is hereby established with the competent authority for the carriage of passengers by road, under the name of Committee on the transport of passengers by road.

§ 2. The Conciliation Committee on the transport of passengers by road consists of representatives of the competent authority for the carriage of passengers by road and representatives of organisations of entrepreneurs to transport and workers employed in transport companies.


§ 3. The objectives of the consultation Committee of the carriage of passengers by road are the following: 1 ° allow the Minister or his delegate to inform professional and trade union organizations referred to in paragraph 2 of any issue that may of interest to the sector of the transport of passengers by road and to consult each other on this subject;
2 ° enable professional and trade union organizations referred to in paragraph 2, to submit to the Minister or his delegate or the ministerial departments concerned, the problems of the sector they represent and to consult each other on this subject;
3 ° on its own initiative or at the request of the Minister or his delegate, give it a reasoned opinion on any question relating to the carriage of passengers by road;
4 ° at the request of the Minister or his delegate, give a reasoned opinion for the appreciation of good repute as referred to in article 11, § 8.
§ 4. In order to achieve the objectives in paragraph 3, the Comité de concertation of the carriage of passengers by road can be of working groups to study specific issues.
§ 5. The King determines: 1 ° the composition of the Conciliation Committee of the carriage of passengers by road;
2 ° the functioning of the Conciliation Committee of the carriage of passengers by road;
3 ° the minimum number of meetings per year.
§ 6. The Minister appoints the Chair of the Coordination Committee of the carriage of passengers by road.
TITLE 7. -Provisions amending, repealing and transitional art.
40 § 1. Article 601ter of the Judicial Code, introduced by article 8 of the law of 13 May 1999, is complemented by the provision under 5 °, which reads as follows: "5 ° the appeal against the decision to impose an administrative penalty under article 36, paragraph 3, of the Act of 15 July 2013 relating to the carriage of passengers by road and on implementation of 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 complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC and on the implementation of Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561 / 2006 "."

§ 2. Article 10 of the Act of 17 April 1878 containing the preliminary of the Code of criminal procedure, as amended by the law of February 6, 2012, is complemented by the provision under 8 °, which reads 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 on implementation of the 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 occupation of road transport operator and repealing Council Directive 96/26/EC, and execution of Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules for access to the international market for coach and bus services , and amending Regulation (EC) No 561 / 2006 "."
S. 41. the regulatory arrangements in pursuance of the Decree-Law of 30 December 1946 relating to transport paying passengers by road, not contrary to this act carried out by buses and coaches, remain in force until repealed or replaced by orders made pursuant to this Act.
S. 42 are repealed in the Decree-Law of 30 December 1946 on paid passenger road transport by buses and coaches, in relation to the federal authority: 1 ° in article 1 as regards transport activities referred to in article 2 of this Act;
2 ° article 2, paragraph 1, C;
3 ° the articles 14, 15, 30, 30A, 31, 31bis, 32 and 33;
4 ° in articles 2bis, 16, 18, 19 and 22, the words "occasional services".
S. 43. officers who have invested a warrant of judicial police or the quality of criminal investigation officer under article 31 of the Decree of 30 December 1946 relating to transport paying passengers by road carried out by buses and coaches, are competent for searching and the determination of offences to Community regulations, this Act and its orders of execution up to the time they perform another function or cease their activities.
S. 44. the ASBL Institute Road Transport and logistics Belgium, Rue Archimède 1000 Brussels 5 is, for one year after the entry into force of this Act, recognized for the Organization of the courses of professional capacity for passenger transport contractor by road provided for in Annex I of Regulation (EC) no 1071/2009.
TITLE 8. -Entry into force art. 45. the King sets the date of entry into force of this Act.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Brussels, 15 July 2013.
ALBERT by the King: the Minister of the Interior, Ms. J. MILQUET. the Minister of Justice, Ms. A. TURTELBOOM. the Minister of finance, K. Smith Secretary of State to the mobility M. WATHELET sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ parliamentary References Note: records of the House of representatives: 53-2613-2012/2013: No. 1: Bill.
No. 2: report.
No. 3: Text corrected by the commission.
No. 4: Text adopted in plenary meeting and transmitted to the Senate.
Full report: May 23, 2013.
The Senate documents: 5-2107-2012/2013: No. 1: project not referred by the Senate.