Machine Translation of "Law On The Carriage Of Goods By Road And Bearing Performance Of Regulation (Ec) No 1071/2009 Of The European Parliament ..." (Belgium)

Law On The Carriage Of Goods 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 Occupati...

Original Language Title: Loi relative au transport de marchandises 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 tr

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belgiquelex.be - Carrefour Bank of Legislation

15 JULY 2013. - Law on the Carriage of Goods 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 met for the occupation of carrier by road, and repealing Council Directive 96/26/EC and enforcing Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules for access to the International Carriage Road (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART 1^er. - General
CHAPTER 1^er. - Introductory provisions
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Section 1^re. - Scope of application
Art. 2. This Act applies to:
1° paid transport of goods by road, by means of a vehicle or vehicle train;
2° empty movement of a vehicle or train of vehicles, carried out by road, in relation to a transport referred to in 1°;
3° transport of goods by road carried on for own account, by means of a vehicle or train of vehicles, in cases determined in article 28, 1°, b.
The scope defined in paragraph 1^er, applies to all vehicles or vehicle trains, regardless of their maximum permissible mass or maximum authorized speed, without prejudice to the provisions of community regulations or bilateral or multilateral agreements, concluded by the European Union or the King.
Art. 3. Without prejudice to the provisions of section 4, this Act is not applicable:
(a) Transport of goods carried out outside the public highway;
(b) the carriage of baggage by means of an engine vehicle built exclusively for the carriage of persons or by means of a trailer coupled to that motor vehicle.
"baggage" means all the objects that a person takes with her on a journey, for her own needs;
(c) Transport of damaged or broken vehicles;
(d) Transport of IDP vehicles upon requisition of qualified personnel;
(e) transport carried out for the purpose of spreading materials on the public road to protect traffic when it is made dangerous by weather or other phenomena;
(f) Postal transport under a universal service regime;
(g) the carriage of values by specially designed vehicles;
(h) at funeral transport;
(i) transportation of medicines, medical equipment and other necessary items in the event of emergency relief, particularly in the case of natural disasters.
The King may complete the list of transports listed in paragraph 1^er as long as it is transport by means of a motor vehicle or a train of vehicles whose payload does not exceed five hundred kg.
Art. 4. By derogation from the provisions of Article 3, paragraph 1^erthe transport listed in this paragraph:
1° to (a), (d), (e), (g) and (h) remain subject to the provisions of articles 16, 18, 19 in 21 and to the parts of its enforcement orders concerned with this matter, when the vehicles concerned cross the Belgian border;
2° to (c), (d), (e), (g) and (i) remain subject to the provisions of Article 29 and to the parts of its enforcement orders concerned by this matter, when the vehicles concerned cross the Belgian border;
3° to (c), (d), (e), (g) and (i) remain subject to the provisions of Article 43, § 2, when the vehicles concerned cross the Belgian border;
4° to (c) to (i) remain subject to the provisions of Article 43, § 3, 1 and 2°;
5° to (d), (e), (g) and (h) remain subject to the provisions of Article 43, § 3, 3°;
6° to (c) to (i) remain subject to the provisions of Article 43, § 3, 4°;
7° to (c) to (g) remain subject to the provisions of Article 43, § 4;
8° to (c) to (i) remain subject to the provisions of Article 51.
Section 2. - Definitions
Art. 5. For the purposes of this Act and its enforcement orders, it shall be understood by:
1° "Minister": the Minister who has the carriage of goods by road in his duties;
2° "transport of goods by road carried on own account": the transport of goods by road, to the extent that the following conditions are met:
(a) the goods transported belong to the enterprise or have been sold, purchased, data or taken for rent, produced, extracted, processed or repaired by it;
(b) transportation is used to bring the goods to the company, to ship them from that company, to move them either inside the company or, for its own needs outside the company;
(c) motor vehicles used for such carriage shall be driven by the personnel employed by or made available to the company in accordance with a contractual obligation;
(d) vehicles carrying the goods are owned or purchased by the company on credit or have been leased provided that, in the latter case, they meet the conditions set out in Directive 2006/1/EC of the European Parliament and the Council of 18 January 2006 on the use of rented vehicles without drivers in the carriage of goods by road;
(e) this transport is only an incidental activity within the overall business of the company;
3° "transport of goods by road carried on behalf of others": any transport of goods by road which is not referred to in 2°;
4° "paid carriage of goods by road": the carriage of goods by road carried on behalf of others, by way of counter-prestation in the form of any direct or indirect benefits, in cash or in kind; the rental of a motor vehicle with driver is assimilated to a paid transport of goods by road;
5° "motor vehicle": any ground vehicle equipped with an engine, intended to circulate by its own force, excluding vehicles on rails, mopeds, motorcycles, tricycles and engine quadricycles, as defined by the Royal Decree of 1^er December 1975, establishing general regulations on the road traffic police and the use of the highway;
6° "trailer": any vehicle intended to be fired by a motor vehicle;
7° "vehicle": any means of transport referred to in 5° and 6°;
8° "Vehicle train": any set of vehicles attached to each other for the purpose of being driven by a single force;
9° "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 proper legal personality or is dependent on an authority with that personality, that carries goods by road within the meaning of this Act;
10° "Shipping": one or more goods loaded in one or more places for a single order donor and intended to be transported on a single journey by means of a single motor vehicle or vehicle train, to one or more unloading places, for a single consignee;
11° "transport commissioner": any natural or legal person who, on compensation, undertakes to carry out a carriage of goods and enforces this transport on his own behalf by third parties;
12° "commissioned-shipping agent": any natural or legal person who, for compensation, undertakes to carry goods, in his or her own name but on behalf of his or her constituent, and to perform or enforce one or more related operations to such carriages such as reception, delivery to third parties carriers, storage, insurance and clearance;
13° "public place": the public road, the open land to the public and non-public but open to a number of people;
14° "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;
15° "Regulation (EC) No 1072/2009": Regulation (EC) No 1072/2009 of the European Parliament and the Council of 21 October 2009 establishing common rules for access to the international road transport market;
16° "Community regulation": Community regulations relating to the transport of goods by road.
PART 2. - Access to the profession and exercise of the profession
CHAPTER 1^er. - Conditions
Art. 6. Any company that wishes to gain access to the profession of a carrier of goods by road, or who exercises that profession, must meet the conditions of establishment, honesty, professional capacity and financial capacity set out in section 3 of Regulation (EC) No 1071/2009 and this title.
The King may adapt the conditions set out in paragraph 1^erin cases where the carriage of goods by road is carried out by means of motor vehicles or vehicles whose payload does not exceed five hundred kg.
In the event that the King makes use of the opportunity provided in paragraph 2, He also sets, by derogation from the provisions of Articles 16 and 18, a licensing regime for carriers who carry on the activities referred to in Article 2, 1^er paragraph, 1° and 2°, with motor vehicles or vehicles whose payload does not exceed five hundred kg.
CHAPTER 2. - Establishment
Art. 7. Apart from the documents provided for in section 5, (a), of Regulation (EC) No 1071/2009, the letters of car must also be available permanently at the Belgian establishment of the company.
CHAPTER 3. - Honorability
Art. 8. § 1^er. The company is satisfied with the condition of honesty 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) counterfeiting 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 the bankruptcy and the fictitious circulation of commercial effects or breaches 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 42, § 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) maximum permissible masses and maximum permissible dimensions of commercial vehicles;
(c) professional capacity, initial training and continuous training of drivers;
(d) the technical status of commercial vehicles and the technical control of motor vehicles;
(e) access to the road transport profession and the road transport market;
(f) safe transport of dangerous goods by road;
(g) the installation and use of speed limiters;
(h) the driver ' s licence;
(i) the transport of animals.
When a corporation is responsible for the day-to-day management of the business, the condition set out in paragraph 1^er also applies to that corporation and to the permanent representative of that corporation.
§ 2. For the purposes of paragraph 1^erParagraph 1^er, 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 1^erParagraph 1^er, 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 1^erParagraph 1^er, 1° and 2°, it is not taken into account the additional decimals in the event of criminal fines.
For the purposes of paragraph 1^erParagraph 1^er, 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 1^erParagraph 1^er4°:
1° the offences on the list of the most serious offences in Schedule IV of Regulation (EC) No 1071/2009;
2° the national transport of goods without a national or community transport licence.
The King completes the list of offences referred to in paragraph 1^er by the list of serious breaches of community rules to be established by the European Commission as provided for in Article 6, paragraph 1^er(b) Regulation (EC) No. 1071/2009.
§ 6. For the purposes of paragraph 1^erParagraph 1^er, 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 1^erParagraph 1^er, 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 1^erParagraph 1^er, 4°, the Minister or his or her delegate examines the feasibility and determines whether the refusal or withdrawal of the status of honour is a disproportionate measure in the case of a species. 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. 9. 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 8, § 8.
CHAPTER 4. - Professional capacity
Art. 10. A business that does not meet the requirements of section 3, paragraph 1^er, 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 fleet of up to fifty vehicles.
The number of companies in which it is a transportation manager in the circumstances referred to in section 4, paragraph 1^er, 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. 11. 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. 12. 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. 13. 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 weighted accreditation criteria on the basis of which the training bodies 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 his 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 12.
CHAPTER 5. - Financial capacity
Art. 14. A company is satisfied with the condition of financial capacity when it justifies the establishment of a solidarity bond as provided for in section 7 of Regulation (EC) No 1071/2009 based on the number of motor vehicles for which certified copies of a national or community transport licence have been requested or issued.
Art. 15. The King determines:
1° the nature of the bonds authorized to form the bond;
2° the model of bond certificates;
3° the assignment of bail;
4° the rules relating to the appeal to bail;
5° the obligations of the parties concerned in the event of bail and in the event of a reduction or termination of the bond;
6° the rules concerning the release of bail.
PART 3. - Transport licences and driver certification
CHAPTER 1^er. - Companies established in Belgium
Art. 16. Without prejudice to any provisions established by the King pursuant to Article 6, paragraph 3, the undertakings established in Belgium must be licensed to carry out the activities referred to in Article 2, paragraph 1 of the Act, or a licence to carry out the activities referred to in Article 2, paragraph 1^er1° and 2°.
Art. 17. § 1^er. No national or community transport license is required for a motor vehicle registered in a Member State of the European Union, the European Economic Area or in Switzerland and used by a company established in Belgium, as part of a combined transport between the Member States of the European Union, the European Economic Area or Switzerland whose initial or terminal road journey is carried out entirely or partially in the Belgian territory, provided that the company concerned meets the conditions
1° for rail transport, the shipment must be carried out from the appropriate boarding station nearest to the cargo point, to the appropriate landing station nearest to the point of their unloading. For inland waterway or sea transport, the initial or terminal routes that are carried out by the road may not exceed one hundred and fifty km, measured at the bird's flight of the river or marine port of boarding or landing; the length of the course by sea must exceed one hundred km by bird flight;
2° the consignment note referred to in section 29 shall be supplemented by the registration of the vehicles used, as well as by the indication of the boarding and landing stations relating to the railway route or by the indication of the river ports of boarding or landing related to the course by the inland waterways or by the indication of the marine ports of boarding or landing related to the route. These mentions are affixed before the execution of the transport and confirmed by the affixing of the stamp of the railway or port administration in the relevant station or in the relevant river or marine port, when the part of the transport carried by rail, by inland water or by sea is completed.
Where a trailer or semi-trailer owned by a company carrying out combined transport of goods on its own account, is towed on the initial or terminal course by a motor vehicle owned by a company carrying paid transport of goods, the transport thus carried shall be exempted from the obligations referred to in this point 2°; However, there is a need to provide another document certifying that the route by rail, by inland water or by sea has been carried out.
§ 2. At the request of the qualified officers, the driver presumes the exemption from a transport licence referred to in paragraph 1^er must demonstrate that transportation meets the specific conditions related to the exemption invoked.
Art. 18. Companies that have a community transport licence referred to in section 4 of the Regulation (EC) No 1072/2009 may carry out the activities referred to in section 2, paragraph 1^er, 1° and 2°, both inside and outside the borders of Belgium.
Companies licensed to carry out the activities referred to in section 2, paragraph 1^er, 1° and 2°, exclusively on Belgian territory.
Art. 19. The national or community transportation licence referred to in section 18 shall be granted by the Minister or his delegate, upon request, to the undertaking that meets the conditions set out in the Regulations (EC) n^bones 1071/2009 and 1072/2009 and conditions of access to the profession and exercise of the profession referred to under 2 of this Act; these transportation licences are denied or withdrawn by the Minister or his or her delegate if the undertaking is not satisfied or no longer satisfied with these conditions.
Art. 20. § 1^er. The national transport licence is as follows:
1° an original that must be kept permanently at the Belgian establishment of the company;
2° a number of certified copies by the Minister or his delegate, corresponding to that of the motor vehicles available to the company in accordance with the limits of its financial capacity referred to in section 14; a copy must be on board each motor vehicle.
§ 2. The Community Transportation Licence is issued in the form determined in section 4 of the Regulation (EC) No 1072/2009.
§ 3. The King may decide to issue electronic national and community transport licences from a date it determines.
Art. 21. The company established in Belgium that legally employs a driver or legally uses the services of a driver who is neither a national of a Member State of the European Union, the European Economic Area or Switzerland, nor a long-term resident within the meaning of Council Directive 2003/109/EC of 25 November 2003 on the status of nationals of long-term resident third countries, may carry out the activities referred to in Article 2, paragraph 1^er, 1° and 2°, only if it holds a community licence under section 4 of Regulation (EC) No 1072/2009 and the driver certificate provided for in section 5 of the Regulations.
The King may decide to issue electronic driver certificates from a date it determines.
Art. 22. The King may set a time limit in which national transport licences and community transport licences that have been withdrawn may no longer be issued.
Art. 23. The holder of a national or community transport licence or, where applicable, a transport licence issued under section 6, paragraph 3, is required to pay, by certified copy of such a licence, an annual fee for the benefit of the ABL Institute Road Transport and Logistics Belgium.
This fee covers the following considerations by this Institute:
1° the realization of studies and investigations undertaken for the promotion of competitive position and financial health of each enterprise taken in isolation, on the one hand, and for the development of their quality level and the safeguarding of fair competition in the transport of goods by road, on the other hand;
2° the monthly calculation of the evolution of the prices of the different transport categories (national courier transport, national and international general transport), published in the Belgian Monitor, allowing each company to adjust its freight prices permanently;
3° partial logistical assistance to the public authority in the preparation and issuance of transport licences.
This royalty cannot be recovered in part or in its entirety.
CHAPTER 2. - Companies established in another Member State of the European Union, the European Economic Area or Switzerland.
Art. 24. § 1^er. No certified copy of a community transport license or a license assimilated to it is required for a motor vehicle registered in a Member State of the European Union, the European Economic Area or in Switzerland and which is used by a company established in one of these States outside Belgium in the framework of a combined transport between the Member States of the European Union, the European Economic Area^erbe respected.
§ 2. At the request of qualified officers, the driver who takes precedence over the carriage licence exemption referred to in paragraph 1^er must prove that:
1° transport meets the specific conditions related to the exemption invoked;
2° the company meets the conditions set by the regulation of the country of establishment, for the execution of paid transport of goods by road.
CHAPTER 3. - Companies established outside the European Union, the European Economic Area or Switzerland
Art. 25. Companies that have no establishment in a Member State of the European Union or the European Economic Area, or in Switzerland, may cross the borders of Belgium and carry out activities referred to in Article 2, paragraph 1^er, 1° and 2°, but not cabotage, when they hold an international transport license or a document similar to it.
Licences under paragraph 1^er are issued on request under the following conditions:
1° in the presence of regulations of the European Union or bilateral or multilateral agreements concluded by the European Union or the King, international transport licences are issued in accordance with such regulations or agreements;
2° in the absence of any regulations or agreements referred to in 1°, international transport licences are issued as long as:
(a) reciprocity is granted by the country of establishment of the transport company concerned;
(b) the King did not suspend the issuance of the international transport licences in question;
(c) their delivery shall be carried out within the limits and conditions established by the King in accordance with the legislative and regulatory provisions relating to the import, export and transit of the goods.
Art. 26. Companies that do not have an establishment in a Member State of the European Union or the European Economic Area, or in Switzerland, may cross the borders of Belgium in order to carry out road cabotage when they hold a cabotage licence or document assimilated there.
Licences under paragraph 1^er are issued, upon request, in accordance with Community regulations or bilateral or multilateral agreements relating to the carriage of goods by road concluded by the European Union or by the King.
Art. 27. Companies covered in this chapter may not carry out activities under Article 2, paragraph 1 on Belgian territory^er, 1° and 2°, if the original of one of the licences provided for in sections 25 and 26 is not available in the motor vehicle used for this purpose.
CHAPTER 4. - Enforcement measures
Art. 28. The King determines:
1° the cases for which, in the absence of reciprocity in favour of companies established in Belgium, an international transport licence or a cabotage licence is also required:
(a) for trailers registered outside the European Union, the European Economic Area or Switzerland, used to cross the borders of Belgium, including to carry out road cabotage;
(b) for vehicles registered outside the European Union, the European Economic Area or Switzerland, used to cross the borders of Belgium, including road cabotage, on the occasion of carriage of goods by road carried on their own account;
2° documents that may be considered for transport licences and the conditions of such assimilation;
3° the possible exemptions from international transport licences or cabotage licences below a certain permissible payload or maximum permissible mass of the motor vehicle or vehicle train;
4° the rules relating to the issuance, replacement, renewal and cancellation of transport licences and driver certificates, taking into account the provisions of Regulations n^bones 1071/2009 in 1072/2009;
5° the rules relating to the refusal and withdrawal of transport licences and driver certification, taking into account the provisions of Regulations (EC) No. s 1071/2009 and 1072/2009;
6° the conditions of validity of the transport licences and the driver certificate taking into account the provisions of Regulation (EC) No 1072/2009;
7° the amount and method of collection of royalties;
8° the model of the licences referred to in articles 25 and 26;
9° any statistical information to be provided by companies.
PART 4. - Car letters
Art. 29. § 1^er. For any consignment, a consignment note shall be established in accordance with the provisions of Articles 5 and 6 of the Convention relating to the Contract for the International Carriage of Goods by Road, in shortened Convention C.M.R., signed in Geneva on 19 May 1956 and approved by the Law of 4 September 1962, in accordance with the agreements concluded by Belgium with the country of registration of the vehicle concerned, as well as in accordance with the provisions of Regulation No. 11 of 27 June 1960 of the Council of the European Economic Community
§ 2. Without prejudice to the provisions of paragraph 1^er, the King may, as part of the activities referred to in Article 2, paragraph 1^er, 1° and 2°, which are exercised by companies established in Belgium and for the transport of cabotage in Belgian territory:
1° provide for additional mentions that must appear on the car letters;
2° determine the minimum number of copies of the consignment note that must be established, as well as the destination of such copies;
3° provide mandatory models of car letters;
4° to determine conditions for the issuance of the consignment note and the control of that issue, as well as to submit the issuance of the consignment note to an authorization.
PART 5. - Information requirements
Art. 30. § 1^er. Any undertaking that requires a transportation licence or a driver's certificate, as well as its attendants and agents, is required to provide the Minister or his or her delegate with any information and documents 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.
§ 2. 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.
Art. 31. 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 transportation licence or the driver's certificate, within the time limit that he or she determines.
PART 6. - Control
CHAPTER 1^er. - Qualified officers
Art. 32. § 1^er. The monitoring of compliance with community regulations, this Act and its enforcement orders, as well as the search for and recognition of violations 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 employees of the Federal Public Service Mobility and Transport who are members of the competent service for road transport or the competent service for the transport of dangerous goods;
3° to officers of the Customs and Accises Administration of the Federal Public Service Finance.
§ 2. Monitoring of compliance with driver certification provisions and the search for and recognition of breaches of these provisions are entrusted, apart from the agents referred to in paragraph 1^er :
1° to social inspectors and social controllers of the Federal Public Service Social Security Social Inspectorate;
2° to social inspectors and social controllers of the Federal Public Service Social Law Inspection Employment, Labour and Social Concertation;
3° to social inspectors and social controllers of the Inspectorate of the National Social Security Office;
4° to social inspectors and social controllers of the Inspectorate of the National Employment Office.
§ 3. The officers referred to in paragraphs 1^er and 2 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.
§ 4. The officers referred to in paragraph 3 shall be responsible for the application of sections 38 and 39, provided that they have been individually authorized by the Attorney General to the Court of Appeal of the jurisdiction of the administrative residence of those officers.
CHAPTER 2. - Control, research and recognition of offences
Art. 33. § 1^er. The agents referred to in section 32 may enter in 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 regulations, the law and its enforcement.
In the circumstances referred to in paragraph 1^er, 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. For the purpose of monitoring compliance with this Act, its enforcement orders and community regulations relating to the carriage of goods by road, the agents referred to in section 32 shall have access to the real property that is intended for the professional activities of the carriers, their security providers and any person who intervenes in the execution of a carriage of goods.
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 32 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 1^er 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 results in the drafting of a report reminiscent of the precise conduct of the activities and their outcome.
§ 4. At the request of an officer referred to in section 32:
1° the original of the national or community transport licence, a certified true copy of the driver's certificate and the letters of car must be submitted to the establishment of any enterprise carrying on an activity referred to in section 2, paragraph 1^er1° and 2°;
2° any driver of a vehicle used in the exercise of the activities referred to in Article 2, paragraph 1^er, 1° and 2°, is required to present it immediately:
a.1. a certified true copy of the national transport licence, a certified true copy of the community transport licence, or the original of an international transport licence or a cabotage licence;
a.2. where applicable, the original of the driver certificate referred to in section 5, paragraph 6, of Regulation (EC) No 1072/2009;
(b) in the case of rental or financing of the motor vehicle:
b.1. the original or a copy of the lease or financial lease contract for this motor vehicle;
b.2. if the driver is not himself the one who hires:
- for employees: either the original or a copy of the driver's work contract, or a recent salary card, or an extract from the data bank "Dimona" relating to the immediate declaration to employment;
- for independent business leaders: proof of their affiliation with a social insurance fund, either an extract from the Banque-Carrefour des Entreprises or an extract from the annexes of the Belgian Monitor where their mandate appears, or an extract from the eRegistre des entreprises de transport par route where their registration as transport manager appears;
- for independent caregivers: proof of their affiliation with a social insurance fund;
(c) if the vehicle is used for the exercise of the activity referred to in section 2, paragraph 1^er1°: the consignment note referred to in section 29;
(d) if the vehicle is used to carry out the cabotage referred to in section 8 of Regulation (EC) No. 1072/2009: the letters of car or other concurrent documents:
(i) relating to the last cross-border transport where the last unloading place was located in the Belgian territory or in the territory of another Member State of the European Union or the European Economic Area;
(ii) relating to all possible cabotage transport, both on Belgian territory and on that of other Member States of the European Union or the European Economic Area, which were carried out after this cross-border transport;
(iii) related to the carriage of cabotage that is, where applicable, under way.
The provisions of paragraph 1^er, 2°, (d), (i) and (ii) are not applied when cabotage is carried out by a company established in the Netherlands or Luxembourg.
The King may extend the list of documents listed in paragraph 1^er in the case of a licence regime as referred to in Article 6, paragraph 3.
§ 5. The officers referred to in section 32 may, in the course of their duties:
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 1^eror 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 in the places that are subject to their monitoring and which contain data, which in accordance with a law, must be established, maintained and maintained, even if these officers are not responsible for the control of this law, as well as take copies, in any form, of such information materials or information that they contain or are provided by the company without charge. "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 courts of all jurisdictions, the services of the provinces, communes, associations of communes and all 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 32, provide all information and produce all acts, books, registers, documents, records, tapes or other forms of information, with the exception of confidentiality All of the above-mentioned services are required to provide information, extracts, copies, prints and listings without charge.
§ 7. Agents referred to in section 32 may only seize what is necessary to prove an offence, to retain the property acquired as a result of the offence under the obligation to hold a valid transport licence or to search for co-authors or accomplices of 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 41, § 4, and 42, 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 that are laid in the context 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 32, § 3, have access to information registered in the criminal record, as determined in article 593 of the Code of Criminal Investigation, on an ongoing basis, only in the course of their missions.
The King sets the conditions for access of the agents referred to in Article 32, § 3, to the other data banks that He determines.
§ 10. The officers referred to in section 32 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 section 32 may disclose the information they obtained during their investigation to all officers responsible for the control of other legislation, provided that such information may be relevant to them in the course of carrying out their duties.
Art. 34. § 1^er. Except in the case of application of section 38, the agents referred to in section 32 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 Crown Prosecutor and, where the findings were not made in a public place, to the agents referred to in Article 48, § 1^er.
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 Article 48, § 1^er :
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.
CHAPTER 3. - Carriage of goods by road by means of a vehicle without a valid transport license
Art. 35. § 1^er. Any person carrying goods by road by means of a vehicle or train of vehicles not covered by a valid transport licence or by an assimilated document shall, at the intervention of an agent referred to in section 32, demonstrate that:
1° a carriage of goods by road not subject to this Act and its enforcement orders;
2° is a paid carriage of goods by road, carried out by means of a vehicle or train of vehicles not subject to the transport licence, in accordance with this Act and its enforcement orders.
§ 2. Any paid carriage of goods by road carried out by means of a vehicle or train of vehicles whose total mass in charge or whose dimensions, with or without load, are greater than the authorized standards, is considered to be carried out without a valid transport licence.
PART 7. - Sanctions
CHAPTER 1^er. - Official administrative measures
Art. 36. § 1^er. Where the evidence referred to in section 35 is not available, the officer referred to in section 32 who finds that a carriage of goods by road is carried out by means of a vehicle not covered by a transport licence or a certified true copy of a valid transport licence, by a document assimilated therein or, where applicable, by a valid driver's certificate may, without prejudice to the provisions of section 34:
1° obligate the driver to return to the place of loading to discharge the vehicle, or to transship on the premises the load on a vehicle that has been issued a transport license; in this case, the return to the place of loading, unloading or trans-shipment and the operations that they require are carried out at the expense and risk of the perpetrator of the offence, the perpetrator remains responsible for the agrarian or loss of unloaded or trans-shipped things and the delay in their delivery;
2° shall, at the cost and risk of the perpetrator of the offence, proceed to the immobilization of the vehicle until the unloading or trans-shipment referred to in the 1st may have been operated or, in the event of a valid driver's certificate, until the driver has been replaced by a driver legally employed or made available.
§ 2. In the case of an offence duly found in section 8, paragraphs 1^er to 3, Regulation (EC) No 1072/2009, the officer referred to in section 32 may, without prejudice to the provisions of section 34, take the measures defined in paragraph 1^er1° and 2°.
Art. 37. § 1^er. Any transport licence, certified true copy of a transport licence or any document assimilated thereto, and any certificate of conduct that has been the subject of a withdrawal decision, found in the possession of its licensee or its attendants, is, against receipt, immediately seized by the agents referred to in section 32 and transmitted to the Minister or his delegate.
§ 2. Any transportation licence, certified true copy of a transport licence or any document assimilated to it, and any driver's certificate found in the possession of a person other than the licensee or its attendants, or that is not valid in accordance with the provisions of the Community Regulation, of that Act or its enforcement orders, as well as any transport license or any counterfeit driver's certificate, against acknowledgement of receipt, immediately seized by
For companies with establishments in Belgium, the documents referred to in paragraph 1^er 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.
The provisions of this paragraph shall not apply where the invalidity of the licence is due to the overtaking of the masses and the permissible dimensions of vehicles or trains of vehicles.
CHAPTER 2. - Perception and consignation of an amount when finding certain offences
Art. 38. § 1^er. In the event of a finding in a public place of any of the offences referred to in section 41, it may, if the act has not caused injury to another person and, under the agreement of the perpetrator of the offence, be collected either immediately or within a time specified by the King, an amount whose amount cannot be greater than the maximum of the fine provided for that offence, plus additional decimals.
§ 2. Payment of the amount indicated in paragraph 1^er 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. 39. § 1^er. 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 shall in the hands of the agents referred to in section 32 shall record an amount to cover the fine and any legal costs.
§ 2. The vehicle driven by the perpetrator of the offence shall be held at the cost and risk of the offence, until the sum provided for in paragraph 1 is paid.^er and justification for the payment of any vehicle retention costs.
§ 3. If the amount due is not paid in the non-six-hours from the date 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. 40. The King shall determine the amount of the amount to be collected under section 38, § 1^er and the amount to be recorded under section 39, § 1^eras well as the modalities of his perception.
CHAPTER 3. - Criminal provisions
Art. 41. § 1^er. A fine of 50 euros to 250 euros shall be punished, plus additional decimals, those who violate the following provisions of this Act or its enforcement orders:
1° the rules relating to the issue, replacement, renewal, delisting and validity of the transport licences and driver certificates, fixed by the King under Article 28, 4° and 6°;
2° 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 15, 5°;
3° the obligation to provide statistical information, possibly fixed by the King under Article 28, 9°;
4° the obligation to establish a consignment note, as set out in Article 29, and any additional rules thereof, as set by the King.
§ 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 euros to 50,000 euros, plus additional decimals, or one of these penalties only, those who, by any means, hinder or prevent the control of respect for community regulations, this Act and its enforcement orders.
§ 3. shall be punished by imprisonment from eight days to one year and a fine of 500 euros to 50,000 euros, plus additional decimals, or one of these penalties only, those who transgress the following provisions of Community regulation, this Act and its enforcement orders:
1° the obligation to hold a valid transport licence and a valid driver's certificate in accordance with sections 3, 4 and 5 of Regulation (EC) No 1072/2009, sections 16, 18, 21 and 27 of that Act, as well as, in the cases fixed by the King, pursuant to section 6, paragraph 3 and 28(2) of that Act;
2° the rules relating to the transport manager provided for in section 4 of Regulation (EC) No 1071/2009 and possibly by the King under section 6, paragraph 2 of that Act;
3° the requirement of communication referred to in Article 11 and the time limits set by the King under Article 13, 6°, (a) and (b), relating to the transport manager;
4° the obligation to hold a valid transport licence and a valid driver's certificate to carry out the coasting in accordance with Article 8, paragraph 1^erRegulation (EC) No 1072/2009;
5° the rules established by Article 8, paragraphs 2 and 3, of Regulation (EC) No 1072/2009 concerning the conditions under which the cabotage may be executed;
6° the obligation to return the transport licences and the driver's certificates which have been the subject of a withdrawal decision, fixed by the King under Article 28, 5°;
7° the obligation to provide information or documents in accordance with Articles 30, § 1^er, or 31.
§ 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 transport licence or a driver's certificate or use a counterfeit driver's license or certificate.
Art. 42. § 1^er. Without prejudice to the application of heavier penalties set out in the Penal Code, are punishable by imprisonment from one month to two years and a fine of 1,000 euros 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 to acquire or maintain a licence
§ 2. Lack of foresight or precautionary communication of information or declarations referred to in paragraph 1^er is punished by a fine of 50 euros to 500 euros, plus additional decimals.
§ 3. The limitation of public action shall commence from the termination of the use of the transport licence or driver certificate that has been acquired or retained by the provision of information or declarations referred to in paragraph 1^er.
§ 4. The judge who sentences a person even conditionally, as an author or accomplice of the offence referred to in paragraph 1^er, 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 euros to 10,000 euros, plus additional decimals.
Art. 43. § 1^er. The penalties laid down in article 41, § 3:
1° as the case may be, the principal, the transport commissioner or the commissioner- shipper if, at the time of the conclusion of the contract for the carriage of goods subject to Community regulations, this Act and its enforcement orders, they failed, even by default of foresight or precaution, to ensure that the transport company has a valid transport licence;
2° the shipper if, prior to the execution of a carriage of goods subject to community regulation, this Act and its enforcement orders, he has failed, even by default of foresight or precaution, to ensure that a certified true copy of the transport licence or a licence under section 6, paragraph 3 has been issued.
§ 2. The shipper shall be punished by the penalties laid down in article 41, § 1^erif, prior to the execution of a carriage of goods subject to community regulation, this Act and its enforcement orders, it failed, even by default of foresight or precaution, to ensure that the required consignment note was established.
§ 3. The principal, the shipper, the transport commissioner or the commissioner- shipper of a carriage of goods subject to community regulation, this Act or its enforcement orders, shall be punished in the same way as the perpetrators of the offences mentioned below if they have given instructions or made acts that have resulted in these offences:
1° the overtaking of the maximum permissible masses and dimensions of vehicles or trains of vehicles;
2° the non-compliance with vehicle loading safety requirements;
3° failure to comply with the requirements for driving and rest periods of vehicle drivers;
4° the maximum permissible speed of vehicles;
5° non-compliance with road cabotage requirements.
§ 4. The carrier, the principal, the transport commissioner or the commissioner- shipper shall be punished by the penalties set out in article 41, § 3, if they have offered, executed or carried out a transport at an unduly low price.
By "unreasonably low price", one must hear 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.
Art. 44. The holder of a national or community transport licence, or, where applicable, of a transportation licence issued under section 6, paragraph 3, which fails to pay the royalties provided for in section 23, shall be liable to a fine of ten times the amount of the royalties not paid.
Art. 45. § 1^er. All provisions of Book I^er 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 paid carriage of goods by means of a vehicle not covered by a transport licence or by a driver's certificate issued in accordance with the provisions of Community regulations, this Act and its enforcement orders:
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 1^erin the Criminal Code, forfeiture of the vehicle may only be imposed for violation of community regulations, this Act and its enforcement orders in the case specified in paragraph 3.
§ 5. The police courts are competent to hear the offences referred to in Article 41, §§ 1^er, 2 and 3 and 43 and 44.
CHAPTER 4. - Administrative amendments
Art. 46. § 1^er. Those who transgress community regulation, this Act and its enforcement orders may be imposed, under the conditions set out in this section, provided that the finding of the offence has not been made in a public place, an administrative fine:
1° 250 euros to 1.250 euros for non-compliance:
(a) the rules laid down by the King under article 28, 4 and 6, and relating to the issuance, replacement, renewal, deletion and validity of transport licences and driver certificates;
(b) 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 15, 5°;
(c) the obligation to provide statistical information, possibly set by the King under Article 28, 9°;
(d) the obligation to establish a consignment note, as set out in article 29 and any additional rules thereof, as determined by the King;
(e) the shipper's obligation to ensure that the required consignment note has been established, as referred to in section 43, § 2;
2° of 2.500 euros to 250,000 euros, for non-compliance:
(a) the requirement to hold a valid transport licence and a valid driver's certificate in accordance with sections 3, 4 in 5 of Regulation (EC) No 1072/2009 and in accordance with or under sections 6, paragraph 3, 16, 18 and 21 of this Act;
(b) the rules relating to the transport manager provided for in section 4 of Regulation (EC) No 1071/2009 and possibly by the King under section 6, paragraph 2 of that Act;
(c) the communication obligation referred to in Article 11 and the time limits set by the King under Article 13, 6, (a) and (b), relating to the transport manager;
(d) the King's obligation under section 28, 5° to return the transport licences or the driver's certificates that have been the subject of a withdrawal decision;
(e) the obligation to provide information or documents in accordance with Articles 30, § 1^er or 31 of that Act;
(f) the prohibition to obstruct or prevent, in any way, control of compliance with community regulations, this Act and its enforcement orders;
(g) the obligations of the principal, the shipper, the transport commissioner or the shipper commissioner, as the case may be, in accordance with article 43, §§ 1^er and 3, 5°;
(h) the prohibition for the carrier, the principal, the transport commissioner and the commissioner- shipper to offer, execute or enforce a carriage at an unduly low price in accordance with section 43, § 4;
3° of five times the minimum amount to five times the maximum amount of the criminal fine, not including the additional decimals, fixed in the regulations concerned for the offences referred to in Article 43, § 3, 1° to 4°: when as a law enforcement officer, shipper, commissioner or commissioner- shipper, instructions were given or acts were laid that resulted in the enforcement of these offences;
4° of nine times the amount of unpaid royalties, where it has been omitted to pay the royalties set out in section 23 as holder of a national or community transport licence or, if any, of a transport licence issued under section 6, paragraph 3.
§ 2. The agents referred to in Article 48, § 1^er, if there are mitigating circumstances, may impose an administrative fine less than the minimum amounts referred to in subsection 1^er.
In the event of an appeal under section 50, the court has the same jurisdiction.
§ 3. In the event of examination of several of the offences referred to in paragraph 1^er, the amounts of the fines are accumulated, without the total amount exceeding double the maximum amount of the heaviest administrative 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. 47. An offence of community regulation, this Act and its enforcement orders as defined in Article 46, § 1^er 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, taking into account 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. 48. § 1^er. 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 refusal or withdrawal of transport licences where representatives of the goods transport sector also sit, nor officials who have found the offences referred to in Article 46, § 1^er, cannot impose an administrative fine.
§ 2. The agents referred to in paragraph 1^er have, exclusively for the purpose of imposing administrative fines, free access by means of an automated 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 1^er no longer have access to data on convictions of imprisonment for up to six months, convictions by simple conviction, fine sentences of not more than 500 euros and fine sentences imposed under the law relating to the traffic police, coordinated by the Royal Decree of 16 March 1968, regardless of their amount, after a three-year period of final notice of the court order.
The agents referred to in paragraph 1^er only have access to the data of convictions relating to the paid carriage of goods by road and the counterfeiting of coupons for the carriage of goods 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.
The following persons are not considered to be 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 1^er 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 has made the notification referred to in article 34, § 2, paragraph 2, 5, or if he has not made any of the declarations as referred to in article 34, § 2, paragraph 2, within the time limit provided for in that regard, the agents referred to in paragraph 1^er inform, by registered letter to the position, accompanied by a copy of the minutes referred to in article 34, § 1^erthe 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 1^er 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 50. 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 appropriate, 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 46, § 1^er was committed.
Proceedings of investigation or prosecution within the time limit set out in paragraph 1^erincluding 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 1^erinterrupt the course of the limitation referred to in paragraph 1^er. These acts result in a new period of equal duration, even in respect of persons who were not involved in it.
Art. 49. § 1^er. By the same decision as that by which they inflict administrative fine, the agents referred to in Article 48, § 1^er, 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 48, § 1^er, 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 50, against the decision of the agents referred to in Article 48, § 1^erthe court has the same jurisdiction.
§ 2. If the person who is liable for the administrative fine remains in default of payment after the deadline set 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 Article 48, § 1^er.
Art. 50. A person who contests the decision referred to in Article 48, § 3, may make an appeal by way of application to 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 8. - Transport contract
Art. 51. § 1^er. The provisions of Article 1^er, points 2 and 3, as well as articles 2 to 41 of the Convention relating to the Contract for the International Carriage of Goods by Road, abbreviated CMR Convention, signed in Geneva on 19 May 1956 and approved by the Law of 4 September 1962, as well as the provisions of the Protocol to the above-mentioned Convention, signed in Geneva on 5 July 1978 and approved by the Law of 25 April 1983, are also applicable to the national carriage of goods by road.
Derogation from the provisions of paragraph 1^er, the King may decide that Article 6 of the above-mentioned CMR Convention is not applicable to the national carriage of goods by road that He determines.
§ 2. Articles 1^er 7 and 9 of the Act of 25 August 1891 revising the title of the Commercial Code relating to contracts of carriage are not applicable to the carriage of goods by road.
§ 3. The provisions of paragraphs 1^er and 2 do not apply:
1° to postal transport carried out under a universal service regime;
2° to funeral transport;
3° to moves.
§ 4. Recursory actions deriving from the contract for the carriage of goods by road must, under penalty of loss, be filed within one month of the date of the summons which gives rise to the appeal.
§ 5. For the purposes of this title, the transport commissioner is considered to be a carrier with respect to its contractual obligations and responsibilities.
PART 9. - Transport Coordination Committee
of goods by road
Art. 52. § 1^er. A body for consultation and advice shall be established with the competent authority for the carriage of goods by road under the name of the Committee for Consultation on the Transport of Goods by Road.
§ 2. The Steering Committee on the Transport of Goods by Road consists of representatives of the competent administration for the transport of goods by road and representatives of the representative organizations of the transport contractors and workers employed in the transport companies.
§ 3. The objectives of the CTC 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 transport of goods 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 goods 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 8, § 8.
§ 4. In order to achieve the objectives set out in paragraph 3, the Working Party on the Transport of Goods by Road may establish working groups to consider specific issues.
§ 5. The King determines:
1° the composition of the Commodity Coordination Committee by road;
2° the operation of the Commodity Transport Committee by road;
3° the minimum number of meetings per year.
§ 6. The Minister appoints the Chair of the Commodity Transport Coordination Committee by road.
PART 10. - Amendments and abrogations
Art. 53. § 1^er. Article 601ter of the Judicial Code, inserted by Article 8 of the Act of 13 May 1999, is supplemented by a 4°, as follows:
"4° recourse against the decision to impose an administrative fine under Article 48, § 3, of the Act of 15 July 2013 relating to the carriage of goods 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 met for the occupation of carrier by road, and repealing Directive 96/26/EC of the Council and enforcing Regulation No.
§ 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 7°, as follows:
"7° the offence referred to in Article 41, § 4, of the Act of 15 July 2013 relating to the carriage of goods 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 Directive 96/26/EC of the Council and carrying out the Regulation (EC) No 1072/2009 of the European Parliament
Art. 54. The Act of 3 May 1999 on the transport of things by road is repealed.
PART 11. - Transitional provisions and entry into force
Art. 55. This law is not applicable to carriage by means of vehicles or trains of vehicles whose payload does not exceed five hundred kg, up to a date to be determined by the King.
Derogation from paragraph 1^erthis transport remains subject to the provisions of title 4 when the vehicles concerned cross the Belgian border.
Art. 56. The ABL Institute of Road Transport and Logistics Belgium, Rue Archimède 5 to 1000 Brussels remains, for one year after the coming into force of this Act, recognized for the organization of the courses of professional capacity for carrier of transport of goods by road envisaged in Appendix I^re Regulation (EC) No 1071/2009.
Art. 57. Agents who have been invested with a judicial police warrant or the status of a judicial police officer under Article 11, § 1^erof the law of 1^er August 1960 relating to the paid transport of things by motor vehicles or pursuant to section 25 of the Act of 3 May 1999 on the carriage of things by road, are competent for the search and recognition of offences under community regulations, this Act and its enforcement orders until they exercise another function or cease their activities.
Art. 58. 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.
Given in Brussels on 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
The 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:
53-2612 -2012/2013:
Number 1: Bill.
Number two: Report.
Number 3: Text corrected by commission.
No. 4: Amendments.
No. 5: Supplementary report made on behalf of the commission.
No. 6: Text adopted by the commission.
No. 7: Text adopted in plenary and transmitted to the Senate.
Full report: 23 May 2013.
Documents of the Senate:
5-2106 -2012/2013:
No. 1: Project not referred to by the Senate.

Law On The Carriage Of Goods 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 Occupati...

Original Language Title: Loi relative au transport de marchandises 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 tr

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