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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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013014763&caller=list&article_lang=F&row_id=900&numero=928&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: 2013014763 FEDERAL PUBLIC SERVICE mobility and transport 15 July 2013. -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 occupation of road transport operator and repealing Council Directive 96/26/EC of the Council and implementation of Regulation (EC) no 1072/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules for access to the market of the international transport of goods by road (1) ALBERT II, King of the Belgians, to all, present and to come, 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: 1 ° paid transport of goods by road, carried out by means of a vehicle or a combination of vehicles;
2 ° displacement unladen vehicle or a combination of vehicles, carried out by road, in relation to a transport referred to in 1 °;
3 ° carriage of goods by road on own account, by means of a vehicle or a combination of vehicles, in the cases laid down in article 28, 1 °, b.
The scope defined in paragraph 1, applies to all vehicles or combination of vehicles, regardless of their permissible maximum mass or their maximum speed, without prejudice to the provisions of Community legislation or bilateral or multilateral agreements concluded by the European Union or by the King.
S. 3. without prejudice to the provisions of article 4, this Act shall not apply: a) to the carriage of goods out of the public way;
(b) for the carriage of baggage carried out by means of a motor vehicle constructed exclusively for the carriage of persons or by the means of a trailer coupled to the motor vehicle.
"Baggage" means the set of objects that a person carries with her trip, for its own needs;
(c) to carriage of damaged vehicles or down;
(d) for the carriage of vehicles moved at the request of agents qualified for that purpose;
(e) transport carried out for spreading on public roads of materials intended to protect traffic when it is made dangerous by weather or other;
(f) postal transport carried out as part of a regime of universal service;
(g) to the transport of values effected by vehicles specifically designed for this purpose;
(h) to funeral transport;
(i) to transport drugs, devices and equipment for medical and other items needed in case of emergency, including natural disasters.
The King may complete the list of transport listed in paragraph 1 provided whether it is transport by means of a motor vehicle or a combination of vehicles whose payload does not exceed 500 kg.
S. 4. by way of derogation from the provisions of article 3, paragraph 1, 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 its execution orders parties to this matter, when the vehicles crossed the Belgian border;
2 ° c), d), e), g) and i) are still subject to the provisions of article 29 and parts of its orders of execution affected by this matter, when the vehicles crossed the Belgian border;
3 ° to the c), d), e), g) and i) remain subject to the provisions of article 43, § 2, when the vehicles crossed the Belgian border;
(4 ° c) to i) remain subject to the provisions of article 43, § 3, 1 ° and 2 °;
5 ° d), e), g) and (h)) remain subject to the provisions of article 43, § 3, 3 °;
(6 ° c) to i) remain subject to the provisions of article 43, § 3, 4 °;
(7 ° c) to g) remain subject to the provisions of article 43, § 4;
(8 ° c) to i) remain subject to the provisions of article 51.
Section 2. -Definitions art. 5. for the purposes of this Act and its orders of execution, shall mean: 1 ° "Minister": the Minister who has the carriage of goods by road within its remit;
2 ° 'carriage of goods by road done for own account': the carriage of goods by road, to the extent where the following conditions are met: has) goods carried belong to the undertaking or have been sold, bought, or leased, produced, extracted, processed or repaired by the;
(b) transport is used to bring the goods to the company to ship them of this company, to move them inside the company, either, for its own needs outside of the company;
(c) motor vehicles used for such carriage are driven by staff employed by the company or made available pursuant to a contractual obligation;
(d) the vehicles carrying the goods belong to the undertaking or have been bought by it on credit or hired provided that in the latter case they meet the conditions laid down by Directive 2006/1/EC of the European Parliament and of the Council of 18 January 2006 on the use of vehicles hired without drivers for the carriage of goods by road;
(e) the transport is only an ancillary activity in all the activities of the company;
3 ° "made transport of goods by road for hire or reward": all transport of goods by road which is not referred to in the 2nd;
4 ° 'paid transport of goods by road': made the carriage of goods by road for hire or reward, for consideration in the form of direct or indirect advantages, in cash or in kind; the rental of a motor with driver vehicle is treated as a carriage of goods by road;
5 ° "motor vehicle": any ground vehicle fitted with an engine, intended for use by its own force, excluding vehicles on rails, mopeds, motorcycles, tricycles and quadricycles, as defined in the royal decree 1 December 1975 on general regulations the police road traffic and the use of the public highway;
6 ° "trailer": any vehicle designed to be drawn by a motor vehicle;
7 ° 'vehicle': any means of transport referred to in 5 ° and 6 °;
8 ° "combination of vehicles": any set of vehicles attached to the other to be driven by a single force;
9 ° "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 goods by road within the meaning of this Act;
10 ° "sending": one or more goods loaded in one or more locations for a single payer and intended to be transported in a single trip via a single motor vehicle or combination of vehicles, to one or more places of unloading, for a single consignee;
11 ° "freight forwarder": any natural or legal person who, for remuneration, undertakes to carry out transport of goods and enforces this transportation in its own name by third parties;
12 ° "forwarder": any natural or legal person who, for remuneration, undertakes to carry goods, in his own name but on behalf of his principal, and run or to enforce one or more related operations to these transportation such as reception, delivery to third party carriers, storage, insurance and customs clearance;
13 ° "public place": public roads, grounds open to the public and land 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 concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC;
15 ° "Regulation (EC) No. 1072/2009": Regulation (EC) no 1072/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules for access to the market for the international carriage of goods by road;
16 ° "Community rules": the Community legislation on the carriage of goods by road.
TITLE 2. -Access to the profession and practice of the profession Chapter 1. -Conditions art.
6. any company who wants access to the occupation of carrier of goods by road, or who exercises this profession, shall comply with the conditions of establishment, of good repute, professional competence and financial capacity provided for in article 3 of Regulation (EC) no 1071/2009 and the present title.
The King may adapt the conditions laid down in paragraph 1, in cases where the occupation of carrier of goods by road is carried by vehicles to engine or train of vehicles whose payload does not exceed 500 kg.
In the event that the King made use of the possibility provided in paragraph 2, it fixed also, by way of derogation from the provisions

articles 16 and 18, a licensing regime for carriers engaged in the activities referred to in article 2, paragraph 1, 1 ° and 2 °, with vehicles engine or train of vehicles including the payload does not exceed 500 kg.
CHAPTER 2. -Hotel Arts 7. Apart from article 5 provided documents,), of the Regulation (EC) no 1071/2009, consignment must also be permanently available at the Belgian establishment of the company.
CHAPTER 3. -Good repute article 8 § 1. The company satisfies the condition of good repute when the same company, 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 entries 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) offence related to the State of bankruptcy and fictitious traffic bills or offence to 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) infringement to the rules on annual accounts and 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 42, § 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 maximum authorized mass and maximum dimensions allowed commercial vehicles;
(c) the professional capacity, initial training and the training continues drivers;
(d) to the technical condition of the vehicles and the technical inspection of motor vehicles;
(e) access to the profession of road transport operator and road transport market;
(f) to the safety of the transport of dangerous goods by road;
(g) the installation and use of speed limitation devices;
(h) driving permits;
(i) to the transport of animals.
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 °: 1 ° offences listed in the list of the most serious offences in annex IV of Regulation (EC) no 1071/2009;
2 ° the national transport of goods without national or community transport licence.
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.

§ 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 undertaking, its transport Manager or one of the persons responsible for the day-to-day management of the company, incurred a criminal conviction or sanction for a serious offence referred to in paragraph 1, paragraph 1, 4 °, the Minister or his delegate looks good 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. 9. 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 8, § 8.
CHAPTER 4. -Capacity professional art. (10. 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 fifty 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 transportation by road and about which motor vehicle regulation (EC) no 1071/2009 is directly applicable or expanded the application of this regulation.
S. 11. 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. 12. 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

professional competence during their first participation, which did not follow the courses referred to in paragraph 2, are required to take these courses before enrolling again in the review.
S.
13. 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 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: a) to the transport Manager to report to the Minister or his 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 12.
CHAPTER 5. -Capacity financial arts.
14. an undertaking satisfies the condition of financial capacity when it justified the establishment of a joint and several guarantee as provided for in article 7 of Regulation (EC) no 1071/2009 on the basis of the number of vehicles motor for which certified copies of a national or community transport licence has been requested or issued.
S. 15. the King determines: 1 ° the nature of bonds authorized to form the bond;
2 ° the model related to the bond certificates;
3 ° the bond allocation;
4 ° the call to bail rules;
5 ° the obligations of the parties involved in the case on bail and if reduction or termination of the suretyship.
6 ° the rules relating to the release of the bond.
TITLE 3. -Transport licences and driver Chapter 1 attestation. -Undertakings established in Belgium art. 16. without prejudice to the provisions laid down by the King under section 6, paragraph 3, undertakings established in Belgium must be licensed national transport or a licence of Community transport to perform by means of a motor vehicle or a combination of vehicles the activities referred to in article 2, paragraph 1, 1 ° and 2 °.
S.
17 § 1. No national or community transport licence is required for a motor vehicle registered in a Member State of the European Union, the EEA European or in Switzerland and used by an undertaking established in Belgium, as part of a combined transport between the Member States of the Union European, of the European economic area or Switzerland whose initial or terminal road journey is performed wholly or partially on the Belgian territory provided that the company concerned fulfils the conditions laid down in these regulations for execution of paid road haulage transport and provided that the following provisions are met: 1 ° for the carriage by rail, the consignment must be made from the appropriate boarding station closest to the point of loading of the goods, to the nearest suitable landing point of unloading station. For transport by inland waterway or by sea, initial or Terminal routes which are carried out by the road, can exceed one hundred fifty km, measured as the crow flies from the river or sea port of embarkation or disembarkation;
the length of the route by sea must exceed 100 km as the crow flies;
2 ° the consignment note referred to in article 29, shall be supplemented by the registration of used vehicles, as well as by an indication of the stations boarding and disembarking the train run or by an indication of the river ports of embarkation or disembarkation relating to the course by the routes of navigable water or by an indication of the seaports of embarkation or landing on the maritime route. These references are placed before the performance of the carriage and confirmed by application of the stamp of the rail or port administration in the concerned station or in the river port or maritime concerned, completion of the portion of the movement by rail, by waterway or by sea.
When a trailer or a semi-trailer belonging to a company that engages in the carriage of goods for own account, towed on the initial or terminal course by a motor vehicle owned by a company engaged in paid goods transport, thus performed transport is exempt from the obligations referred to in the present point 2 °; There are however instead of providing another document certifying that the journey by rail, by waterway or by sea has been completed.
§ 2. At the request of qualified agents, the driver which avails itself of the waiver of a transport licence referred to in paragraph 1 must demonstrate that transport meets the specific conditions that are related to the claimed exemption.
S. 18. enterprises which have a Community transport licence referred to in article 4 of Regulation (EC) no 1072/2009, can carry out the activities referred to in article 2, paragraph 1, 1 ° and 2 °, both inside and outside the borders of the Belgium.
The incumbent of a national transport licence can carry out the activities referred to in article 2, paragraph 1, 1 ° and 2 °, exclusively on Belgian territory.
S. 19. the national or community transport licence, referred to in article 18 is granted by the Minister or his delegate, on request, to the undertaking which fulfils the conditions laid down in regulations (EC) nos 1071/2009 and 1072/2009 and the conditions of access to the profession and practice of the profession referred to in title 2 of this Act; These transport licences are refused or withdrawn by the Minister or his delegate if the company does not comply or no longer complies with these conditions.
S. 20 § 1. The licence of national transport presents itself as follows: 1 ° an original that must be retained permanently in the Belgian establishment of the company;
2 ° a number of certified compliant by the Minister or his delegate, corresponding to that of motor vehicles available to the company in respect of the limits of its financial capacity referred to in article 14; a copy shall be kept on each motor vehicle.
§ 2. The Community transport licence is issued in the form specified in article 4 of Regulation (EC) no 1072/2009.
§ 3. The King may decide to issue licences to transport national and community electronics from a date as it may determine.
S. 21. the company established in Belgium that employs a driver legally or legally uses the services of a driver who is neither a national of a Member State of the European Union, the EEA European or Switzerland, nor a long-term resident within the meaning of directive 2003/109/EC of the Council of 25 November 2003 concerning the status of third country nationals who are long-term residents , can exercise the activities referred to in article 2, paragraph 1, 1 ° and 2 °, only if it is a Community licence provided for in article 4 of Regulation (EC) no 1072/2009 and the driver attestation referred to in article 5 of that regulation.
The King may decide to issue electronic certificates of driver from a date as it may determine.
S.
22. the King may fix a period during which national transport licences and community transport licences which have been the subject of a withdrawal cannot be issued again.
S.
23. the holder of a national or community transport licence or, where appropriate, of a licence of transport issued pursuant to article 6, paragraph 3, is required to pay an annual fee for the benefit of the Institute Road Transport and logistics Belgium ASBL by certified copy of such license,.
This fee covers the following counterparties worked by this Institute: 1 ° the production of studies and surveys undertaken for the promotion of competitive position and the financial health of each enterprise taken separately, on the one hand, and for the development of their level of quality and the safeguarding of fair competition in the sector of the transport of goods by road, on the other hand;
2 ° the monthly calculation of the evolution of the cost of different transport categories (national transport of mail, national and international general transport), published in the Moniteur belge, allowing each company to adjust its way freight prices permanent;
3 ° a partial logistical assistance to the public authority in the context of the manufacture and the issuance of transport licences.
This fee may be recovered in part or in its entirety.
CHAPTER 2. -Undertakings established in another European Member of the European Union, the EEA or Switzerland.
S. 24 § 1.
No certified copy of Community transport or a licence deemed to be licensed

It is required for a motor vehicle registered in a Member State of the European Union, of the European economic area or Switzerland and which is used by an undertaking established in one of those States outside Belgium as part of a combined transport between the Member States of the Union European, of the European economic area or Switzerland whose initial or terminal road journey is performed wholly or partially on the Belgian territory provided that the undertaking concerned meets the conditions laid down by the regulations of the country of establishment, for the implementation of the paid carriage of goods by road and as far as the provisions mentioned in article 17, § 1, are complied with.
§ 2. At the request of qualified agents, the driver who avails himself of the transport licence exemption referred to in paragraph 1 shall demonstrate that: 1 ° transport meets the specific conditions that are related to the alleged waiver;
2 ° the undertaking meets the conditions laid down by the regulation of the country of establishment, for the execution of transportation paid goods by road.
CHAPTER 3. -Undertakings established outside the European Union, the European economic area or Switzerland s.
25. companies not having any establishment in a Member State of the European Union or of the European economic area or Switzerland, can cross the borders of the Belgium and activities referred to in article 2, paragraph 1, 1 ° and 2 °, without however perform the coasting trade, when they are holders of a licence for the international carriage or a document y assimilated.
The licences referred to in paragraph 1 are issued, upon request, under the following conditions: 1 ° in the presence of a regulation of the European Union or bilateral or multilateral agreements concluded by the European Union or by the King, international transport licences are issued in accordance with this regulation or those agreements;
2 ° in the absence of legislation or agreements referred to in 1 °, international transport licences are issued for both: a) reciprocity is granted by the country of establishment of the transport undertaking concerned;
(b) the King has not suspended the issuance of licences for the international carriage in question;
(c) their issuance shall be made within the limits and conditions laid down by the King, in implementation of legislative provisions and regulations relating to the import, export and transit of goods.
S. 26. companies not having any establishment in a Member State of the European Union or of the European economic area or Switzerland, can cross the borders of the Belgium to carry out of road cabotage when they are holders of a coasting trade licence or a document is assimilated.
Licences provided for in paragraph 1 are issued, on request, in accordance with Community legislation or bilateral or multilateral relating to the carriage of goods by road entered into by the European Union or by the King.
S.
27. companies referred to in this chapter may not run on Belgian territory, activities provided for in article 2, paragraph 1, 1 ° and 2 °, if the original one of the licenses provided for in articles 25 and 26 is not available in the vehicle engine used for this purpose.
CHAPTER 4. -Implementing art. (28 the King determines: 1 ° cases where, in the absence of reciprocity in favour of established businesses in Belgium, an international transport licence or a coasting trade 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, of the European economic area or Switzerland, used to cross the borders of Belgium, including conduct of road cabotage, on the occasion of the carriage of goods by road for own account;
2 ° the documents that can be equated to the licensing of carriage and the conditions of this assimilation;
3 ° any exemptions of licence for international carriage or coasting trade licence below a certain payload or maximum permissible mass of the motor vehicle or combination of vehicles;
4 ° the rules for the issuance, replacement, renewal and cancellation of the licences for transport and the driver attestation, taking into account the provisions of regulations nos 1071/2009 in 1072/2009;
5 ° the rules relating to refusal and withdrawal of licences for transport and the driver attestation, taking account of the provisions of regulations (EC) Nos. 2009-1071 and 1072/2009;
6 ° the conditions of validity of the licences for transport and driver attestation taking into account the provisions of Regulation (EC) no 1072/2009;
7 ° the amount and terms of payment of the royalties;
8 ° the model licences referred to in articles 25 and 26;
9 ° the possible statistical information to be supplied by the companies.
TITLE 4. -Car letters article 29 § 1. For any consignment, a consignment note must be established in accordance with the provisions of articles 5 and 6 of the Convention on the contract for international carriage of goods by road, abbreviated CMR Convention, signed at Geneva on 19 May 1956 and approved by the law of September 4, 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 made pursuant to article 79, paragraph 3, of the Treaty establishing the European Economic Community concerning the abolition of discrimination in price and conditions for transport.
§ 2. Without prejudice to the provisions of paragraph 1, the King may, in the context of the activities referred to in article 2, paragraph 1, 1 ° and 2 °, which are exercised by undertakings established in Belgium and for the transport of cabotage on Belgian territory: 1 ° provide additional particulars that must appear on bills of lading;
2 ° determine the minimum number of copies of bills of lading that must be established, as well as the destination of those copies;
3 ° provide mandatory models of consignment;
4 ° determining conditions for the issuance of bills of lading and the control of this issue, as well as submit the issuance of bills of lading to an authorization.
TITLE 5. -Bonds information article 30 § 1. Any business which requires a transport licence or a driver attestation or which holds, as well as its servants and agents, are required to provide to the Minister or his representative any information and any documents in accordance with Community legislation, this Act and its implementing orders.
The Minister or his delegate determines the period in which the information or document must be provided.
§
2. 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.
S. 31. any person, natural or legal, private or public, is required to 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 issuing or maintaining the licence of transport or of a driver attestation and in the period to be specified.
TITLE 6. -Control Chapter 1. -Qualified agents art. 32 § 1. The control of compliance with Community legislation, this Act and its implementing orders 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 federal public Service mobility and transport officers who belong to the competent Department for transport; by road or to the competent service for the transport of dangerous goods
3 ° to the agents of the Administration of the Customs and Excise Service federal public finance.
§ 2. The control of compliance with the provisions on the driver attestation and research and the finding of infringements of these provisions is entrusted, outside agents referred to in paragraph 1: 1 ° to social inspectors and social controllers of social Inspection Service public federal social security.
2 ° to social inspectors and social controllers of the Inspection of the social laws of the federal public Service employment, labour and social dialogue;
3 ° social inspectors and social controllers of the Inspection of the national Office for social security;
4 ° to social inspectors and social controllers of the Inspection of the national employment agency.
§ 3.
The officers referred to in paragraphs 1 and 2 which are responsible for the search and the finding of infringements to Community regulations, this Act and its orders of execution are coated with the quality of judicial police officer.
They are appointed by the King.


§ 4. The officers referred to in paragraph 3 are responsible for the implementation of articles 38 and 39, 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. 33 § 1. The officers referred to in article 32 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 Act and its implementation 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. For the control of compliance with the Act, its orders of execution and the Community legislation on the carriage of goods by road, referred to in article 32 officers have access to real property destined to the professional activities of carriers, their donors of any person who is involved in the execution of carriage of goods 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 32 may carry out searches if there are clues that this measure will help to acquire the evidence of the guilt of the person suspected of having committed such infringement as defined by Community legislation, this Act and its implementing 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 occur 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 resulted in the drafting of a report containing the specific conduct of the activities and their outcome.
§ 4. At the request of an officer referred to in article 32: 1 ° the original of the licence of national or community transport, a certified true copy of the driver attestation as well as consignment must be presented to him the establishment of any undertaking engaged in an activity referred to in article 2, paragraph 1, 1 ° and 2 °;
2 ° every driver of a vehicle used for the pursuit of the activities referred to in article 2, paragraph 1, 1 ° and 2 °, is required to submit immediately: a.1.
as appropriate, a certified copy of the licence for national transport, a certified copy of the licence for Community transport, or the original of a licence for the international carriage or a coasting trade licence;
a.2. where appropriate, the original copy of the driver attestation referred to in article 5, paragraph 6, of Regulation (EC) no 1072/2009;
(b) in the case of rental or leasing of the motor vehicle: b.1. the original or a copy of the contract hire or leasing of this motor vehicle;
b.2. If the driver is not itself that hiring:-for employees: either the original or a copy of the contract of employment by the driver, either a recent salary slip, an extract from the database "Dimona" relating to the immediate declaration of employment;
-for independent business leaders: either proof of affiliation with a social insurance fund, an extract from the Crossroads Bank for enterprises or an extract from the annexes to the Moniteur belge where their mandate appears an extract from L'eregistre road transport undertakings where their registration as a transport Manager appears.
-for independent caregivers: the evidence of their affiliation with a social insurance fund;
(c) if the vehicle is used for the exercise of the activity referred to in article 2, paragraph 1 (1): the consignment note referred to in article 29;
(d) if the vehicle is used to perform the coasting trade referred to in article 8 of Regulation (EC) no 1072/2009: letters of car or other concomitant documents: i) relating to the last cross-border transport with the last place of unloading was located on Belgian territory or on the territory of another Member State of the European Union or the European economic area;
(ii) relating to all cabotage transport potential, both on Belgian territory of other Member States of the European Union or the European economic area, which were made after this cross-border transport;
(iii) relating to cabotage transport which is, where appropriate, ongoing.
((The provisions of paragraph 1, 2 °, d)) i and ii) are not implementing where cabotage is carried out by a company established in the Netherlands or in Luxembourg.
The King may extend the list of the documents listed in paragraph 1 where it set a regime of licences as referred to in article 6, paragraph 3.

§ 5. The officers referred to in section 32 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 ° conduct the review of all information media that are located in places which are subject to their supervision and which contain data, that pursuant to an Act, shall 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 information media that are protected by a password is only possible with the consent of the investigating judge.

§ 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 32, 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. All the aforesaid services, are required to provide the information, extracts, copies, prints and listings free of charge.
§ 7. The officers referred to in article 32 cannot grasp that what is necessary to prove an infringement, to retain assets acquired as a result of the breach of the obligation to be licensed valid ticket or to find sponsors or accomplices of 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.
Things seized are lodged at the registry of the Court of police or, in case of offence referred to in articles 41, § 4, and 42, at the registry of the Court.
If the entry's claims, to

the exception of seizure of securities or bearer, the seizure is made 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 one-third before the same 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 32, paragraph 3, have access at all times, only in the context of 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 officers referred to in article 32, paragraph 3, access to other data banks as it may determine.
§ 10. The officers referred to in section 32 may request the assistance of the federal police and local police in the exercise of their functions.
§ 11.
Without prejudice to the confidentiality of criminal investigations, agents referred to in article 32 may communicate the information they have obtained in their investigation to all officers of the control of other legislation insofar as such information might concern them in the performance of their missions.
S. 34 § 1. Except in the case of application of article 38, the agents referred to in article 32 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 48, § 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 48, § 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.
CHAPTER 3. -Transport of goods by road done by means of a vehicle without a licence from transport valid art.
35 § 1. Anyone who performs a carriage of goods by road by means of a vehicle or combination of vehicles not covered by a licence valid ticket or a similar document is required, the intervention of an agent referred to in article 32, to demonstrate that it is: 1 ° be a transport of goods by road not subject to this Act and its implementing decrees;
2 ° be carriage paid goods by road, carried out by means of a vehicle or combination of vehicles not subject to licence of transport, in accordance with this Act and its enforcement orders.
§ 2. Any carriage of goods by road done by means of a vehicle or combination of vehicles whose total mass support or whose dimensions, with or without loading, are higher than allowable standards, is considered as being made without valid transport licence.
TITLE 7. -Sanctions Chapter 1. -Administrative measures of office art. 36 § 1. Where the proof referred to in article 35 cannot be made, the agent referred to in article 32, which notes that a transport of goods by road is made by means of a vehicle not covered by a transport licence or a certified copy of valid transport licence, by a document y assimilated or, where appropriate, by a valid driver attestation may without prejudice to the provisions of article 34: 1 ° require the driver either to return instead of loading to discharge the vehicle, or transhipped, on-site, the loading on a vehicle which has the purpose of the issuance of a transport licence;
in this case, the return instead of loading, unloading or transhipment and the transactions they require are made at the expense and risk of the offender, it remains responsible for the damage or loss things unloaded or transhipped and delay in their delivery;
2 ° carry out the costs and risks of the author of the offence, to the immobilisation of the vehicle that the unloading or transhipment under 1 ° could be made or, in the absence of proof of valid driver so that the driver has been replaced by a driver legally used or released.
§ 2. In the case of an offence duly established in article 8, paragraphs 1 to 3, of Regulation (EC) no 1072/2009, referred to in article 32 officer may, without prejudice to the provisions of article 34, take the measures defined in paragraph 1, 1 ° and 2 °.
S. 37 § 1.
Any transport licence, any certified copy of a licence of transport or any document y assimilated and any driver attestation were the subject of a decision to withdraw, found in the possession of its owner or agents, is, against acknowledgement of receipt, immediately seized by officers referred to in article 32 and forwarded to the Minister or his delegate.
§ 2. Any transport licence, any certified copy of a licence of transport or any document y assimilated and any driver attestation which is found in the possession of one person other than the holder or its employees, or which is not valid in accordance with the provisions of Community rules, this law or its implementing orders, as well as any transport licence or any driver attestation infringing is against acknowledgement of receipt, immediately seized by officers referred to in article 32 and, as the case may be, provided to the Minister or her 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.
The provisions of this paragraph are not application when the nullity of the licence is due to an overflow of the masses and dimensions permitted vehicles or vehicle trains.
CHAPTER 2. -Collection and deposit of a sum when certain offences art.
38 § 1. When the finding, in a public place of any of the offences referred to in article 41, it may, 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 amount shown 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. 39 § 1.
If the author of the offence, in a public place, has no domicile or residence fixed in Belgium and not pay immediately the proposed amount, it must log into the hands of the officers referred to in article 32 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 laid down 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 of 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. 40. the King shall determine the amount of the sum to be collected referred to in article 38, § 1 and the sum to record referred to in article 39, § 1 and the procedures for its collection.
CHAPTER 3. -Provisions criminal art. 41 § 1. Shall be punished by a fine of 50 euros to 250 euros, plus additional decimated, those who transgress the following provisions of this Act or its orders of execution: 1 ° the rules relating to the issuance, replacement, renewal, radiation and the validity of the licences of transport and of driver attestations, laid down by the King under section 28 4 ° and 6 °;
2 ° the obligations of guarantors in case on bail and if reduction or termination of the suretyship, determined by the King under section 15, 5 °;
3 ° the obligation to provide statistical information, possibly determined by the King under section 28, 9 °;
4 ° the obligation to establish a consignment note, fixed by article 29 and any additional rules y relating, laid down by the King.
§ 2. Without prejudice to articles 269-274 of the penal Code, are punished with imprisonment from eight days to six months and fined 1,250 euros to 50,000 euros, 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 euros 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 be licensed as a valid ticket and a valid under articles 3 driver attestation 4 and 5 of Regulation (EC) no 1072/2009 in articles 16, 18, 21 and 27 of this Act, and, in the cases laid down by the King, under article 6, paragraph 3 and article 28 (2) of this Act;
2 ° the transport Manager rules laid down in article 4; of Regulation (EC) no 1071/2009 and possibly by the King under article 6, paragraph 2 of this law
3 ° the obligation referred to in article 11 and the deadlines set by the King under section 13, 6 ° a) and b), relating to the transport Manager;
4 ° the obligation to be holder of a valid ticket and proof of valid driver license to perform the coasting trade in accordance with article 8, paragraph 1, of Regulation (EC) no 1072/2009;
5 ° the rules laid down in article 8, paragraphs 2 and 3, of Regulation (EC) no 1072/2009 concerning the conditions under which cabotage may be carried out;
6 ° the obligation to return the transport licences and driver certificates which have been the subject of a decision to withdraw, determined by the King under section 28, 5 °;
7 ° the obligation to provide information or documents in accordance with articles 30, § 1, or 31.
§ 4. Are 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 transport licence or a driver attestation or which make use of a licence or of a driver attestation forged.
S. 42 § 1. Without prejudice to the application of heavier penalties in the penal Code, shall be punished by a term of imprisonment of one month to two years and a fine of 1,000 euros of 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 maintain a transport licence or a driver for themselves or for a third party attestation.

§ 2. Communication by default of foresight or precautionary information or declarations referred to in paragraph 1 is punishable by a fine of 50 euros to 500 euros, plus additional decimated.
§ 3. The requirement of public action starts from the cessation of the use of the license for transportation or driver who has 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 euros to 10,000 euros, plus additional decimated.
S. 43 § 1.
Are punishable by the penalties laid down in article 41, § 3: 1 ° where appropriate, the payer, the freight forwarder or the forwarder if, at the time of the conclusion of the contract of carriage of goods subject to Community regulations, this Act and its orders of execution, they have omitted, even by default of foresight or caution ensure that the transport company has a valid transport licence;
2 ° the charger if, prior to executing a transport of goods subject to Community regulations, this Act and its orders of execution, he failed, even by default of foresight or precaution, ensure that a certified copy of the licence for transport or a licence under article 6, paragraph 3.
§ 2. The charger is subject to the penalties laid down in article 41, § 1, if, prior to executing a transport of goods subject to Community regulations, this Act and its orders of execution, he failed even by lack of foresight or precaution, ensure that the required waybill has been established.
§ 3.
The payer, charger, the freight forwarder or the forwarder of a carriage of goods subject to Community regulations, this Act or its orders of execution, are punished in the same way as the perpetrators of the offences listed below if they have given instructions or put acts leading to such offences: 1 ° the overrun of the maximum masses and dimensions allowed for vehicles or vehicle trains;
2 ° failure to comply with the requirements for the safety of the loading of vehicles;
3 ° failure to comply with the requirements at the time of driving and rest periods for drivers of vehicles;
(4) exceeded the maximum allowable speed of vehicles;
(5) failure to comply with the requirements on cabotage by road.
§ 4. The carrier, the principal, the freight forwarder or the forwarder are punishable by the penalties laid down in article 41, paragraph 3, if they offered, performed or executed a transport for a price predatory.
By "predatory prices" is meant an insufficient price to cover both:-the inevitable posts 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.
S. 44. the licensee of a national or community, or, where appropriate, transport licensing of transport issued under article 6, paragraph 3, which fails to pay the fees provided for in article 23, shall be punished by a fine equal to ten times the amount of unpaid royalties.
S. 45 § 1.
All the provisions of book I of the penal code, 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. Conviction for carriage paid goods by means of a vehicle not covered by a licence of transport or a driver attestation issued in accordance with the provisions of Community legislation, this Act and its orders of execution: 1 ° the judge may order the confiscation or the temporary vehicle immobilization; 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 penal Code, confiscation of the vehicle may not be pronounced 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 take knowledge of the crimes referred to in article 41, §§ 1, 2 and 3 and articles 43 and 44.
CHAPTER 4. -Fines administrative s. 46 § 1. Those who violate Community legislation, this Act and its implementing orders 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) the rules laid down by the King under section 28 , 4 ° and 6 °, and relating to the issuance, replacement, renewal, radiation and the validity of the licences and transport of driver attestations;
(b) obligations of the guarantors in case on bail and if reduction or termination of the suretyship, determined by the King under section 15, 5 °;
(c) from the requirement to provide statistical information, possibly determined by the King under section 28, 9 °;
(d) the obligation to establish a consignment note, fixed in article 29 and any additional rules y relating, laid down by the King.
(e) of the obligation of the shipper to ensure the required waybill was established as referred to in article 43, § 2;
2 ° of 2,500 euros to 250,000 euros, for failure to comply with: a) from the requirement to be licensed as a valid ticket and a valid driver attestation in accordance with articles 3, 4 in 5 of Regulation (EC) no 1072/2009 and in accordance with or by virtue of articles 6, paragraph 3, 16, 18 and 21 of this Act;
(b) the transport Manager rules laid down in article 4; of Regulation (EC) no 1071/2009 and possibly by the King under article 6, paragraph 2 of this law
c) of the obligation referred to in article 11 and the time limits fixed by the King under section 13, 6 ° a) and b), relating to the transport Manager;
(d) of the obligation, laid down by the King under section 28, 5 °, return transport licences or of driver attestations which were the subject of a decision to withdraw;
(e) the obligation to provide information or documents, in accordance with articles 30, § 1, or 31 of this Act;
(f) the prohibition to obstruct or prevent, in any way whatsoever, control compliance with Community legislation, this Act and its implementing decrees;
(g) obligations of the payer, from the charger, the Commissioner for transport or the forwarder, as appropriate, in accordance with article 43, §§ 1 and 3, 5 °;
(h) from the prohibition for the carrier, the payer, the freight forwarder and the forwarder offering, run, or run a transport subject to a predatory price, in accordance with article 43, § 4;
3 ° of five times the minimum to five times the maximum amount of the criminal fine amount, excluding the additional decimated, laid down in the regulations concerned for the offences referred to in article 43, § 3, 1 ° to 4 °: when as a payer, charger, agent transport or forwarder of the instructions have been given or acts have been laid which have led to the achievement of these offences;
4 ° of nine times the amount of the fees unpaid when it was omitted to pay the fees provided for in article 23 as a national or community transport licence holder or, where appropriate, licensing of transport issued under article 6, paragraph 3.
§ 2. The officers referred to in article 48, § 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 50, 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, while the total amount cannot exceed the maximum amount of the heaviest administrative 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 penalty cannot be lower than the double of the fine that was imposed previously due to of the same offence except if the employee believes that extenuating circumstances may be taken into account.
S.
47. an offence under Community regulations, the Act and its orders of execution such as defined in article 46, § 1 are liable to an administrative penalty 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.
48 § 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 transport licences which sit also representatives from the sector of the transport of goods, or agents having found the offences referred to in article 46, § 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 automated binding, the data stored in the central criminal records, 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 convictions to 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 goods by road and the counterfeiting of the coupons for the transport of goods 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 following persons are not considered as third parties for the purposes of paragraph 4: 1 ° the persons to which relate these data or their legal representatives;
2 ° who by or under the Act, are authorized to consult the file in which these data could be repeated;
3 ° persons,

authorities and services authorized by or under the law, to access 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 34, § 2, paragraph 2, 5 °, or if he made any statements as referred to in article 34, § 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 34 , § 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 the provisions of article 50. The letter also contains an invitation to pay the fine within the period set by the King. The fine is based on the seriousness of the facts which justify it and, if any, economic benefits derived from the offence.
The notification of the decision turned off public action.
The payment of the administrative action off fine.

§ 4. It cannot be imposed administrative penalty after a period of five years from the day where the offence referred to in article 46 § 1 was 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. 49 § 1. By the same decision as that by which they inflict the administrative fine, the officers referred to in article 48, § 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 48, § 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 50, against the decision of the officers referred to in article 48, § 1, the Court has the same jurisdiction.
§ 2.
If the person who is liable to pay the administrative penalty 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 its recovery in accordance with article 3 of the Federal 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 officers referred to in article 48, § 1.
S. 50. one who challenges the decision referred to in article 48, § 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 8. -Contract of carriage art. 51 § 1. The provisions of article 1, paragraphs 2 and 3, and articles 2 to 41 of the Convention on the contract for international carriage of goods by road, abbreviated CMR Convention, signed at Geneva on 19 May 1956 and approved by the Act of 4 September 1962, as well as the provisions of the Protocol to the above-mentioned convention, signed in Geneva on July 5, 1978 and approved by the Act of April 25, 1983 are also applicable for the national carriage of goods by road.
By way of derogation from the provisions of paragraph 1, the King may decide that article 6 of the abovementioned CMR Convention is not applicable to the national carriage of goods by road as it determines.
§
2. Articles 1 to 7 and 9 of the Act of August 25, 1891 on revision of the title of the Commercial Code concerning contracts of carriage are not applicable to the carriage of goods by road.
§ 3. The provisions of paragraphs 1 and 2 do not apply: 1 ° to postal transport carried out as part of a system of universal service;
2 ° to funeral transport;
3 ° to moves.
§ 4. Under penalty of forfeiture, the recourse actions deriving from the contract of carriage of goods by road must be submitted within a period of one month from the date of the assignment which gives rise to the appeal.
§ 5. For the purposes of this title, the freight forwarder is assimilated to a carrier with respect to its obligations and contractual responsibilities.
TITLE 9. -Committee on the transport of goods by road s. 52 § 1. A body for consultation and notice is hereby established within the competent authority for the carriage of goods by road, under the name of Committee on the transport of goods by road.
§ 2. The Conciliation Committee on the transport of goods by road consists of representatives of the competent authority for the carriage of goods by road and representatives of organisations of entrepreneurs to transport and workers employed in transport companies.
§ 3. The objectives of the consultation Committee on the transport of goods 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 questions likely to be of interest to the sector of the transport of goods 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 goods 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 8, § 8.
§ 4. In order to achieve the objectives in paragraph 3, the Conciliation Committee on the transport of goods by road may be of working groups to study specific issues.
§ 5. The King determines: 1 ° the composition of the Conciliation Committee on the transport of goods by road;
2 ° the functioning of the Conciliation Committee on the transport of goods by road;
3 ° the minimum number of meetings per year.
§ 6. The Minister appoints the Chairman of the Committee on the transport of goods by road.
TITLE 10. -Amending provisions and repealing article 53 § 1. Article 601ter of the Judicial Code, inserted by article 8 of the law of 13 May 1999 is supplemented by a 4 °, as follows: "4 ° the appeal against the decision to impose an administrative penalty under article 48, § 3, of the Act of 15 July 2013 on the carriage of goods by road and amending regulations (EC) no 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing of"

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 bearing performance of Regulation (EC) no 1072/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules for access to the market for the international carriage of goods by road; "."
§ 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 7 °, which reads as follows: "7 ° the offence referred to in article 41, § 4, of the Act of July 15, 2013 on the carriage of goods by road and amending regulations (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 implementation of Regulation (EC) no 1072/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules for access to the market for the international carriage of goods by road; "."
S. 54. the things by road transport Act of May 3, 1999, is repealed.
TITLE 11. -Transitional provisions and entry into force article 55. this law is not applicable to transport using vehicles or trains of vehicles whose payload does not exceed 500 kg, up to a date to be determined by the King.
By way of derogation from paragraph 1, this transport remains subject to the provisions of Title 4 when the vehicles crossed the Belgian border.
S.
56. the ASBL Institute Road Transport and logistics Belgium, Rue Archimède 1000 Brussels 5 remains, for one year after the entry into force of this Act, recognized for the Organization of the planned course of professional capacity for carriage of goods by road contractor in Annex I of Regulation (EC) no 1071/2009.
S. 57. agents who have invested a warrant of judicial police or the quality officer of judicial police under article 11, § 1, of the law of August 1, 1960 on the carriage of things by motor vehicles or under article 25 of the Act of 3 May 1999 relating to the carriage of things by road are responsible for the search and the finding of infringements to Community regulations, this Act and its orders of execution up to the point where they perform another function or cease their activities.
S. 58. 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.
Given to Brussels, July 15, 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. GARG. the Secretary of State for mobility, M. WATHELET Scellé of the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM Note parliamentary References: records of the House of representatives: 53-2612-2012/2013: No. 1: Bill.
No. 2: report.
No. 3: Text corrected by the commission.
No. 4: amendments.
No. 5: Supplementary report on behalf of the Committee.
No. 6: Text adopted by the commission.
No. 7: Text adopted in plenary meeting and transmitted to the Senate.
Full report: May 23, 2013.
The Senate documents: 5-2106-2012/2013: No. 1: project not referred by the Senate.