Posted the: 2012-09-05 Numac: 2012000567 SERVICE PUBLIC FEDERAL Interior 3 August 2012. -Act to amend the law of 10 April 1990 regulating private and particular security and repealing the royal decree of 4 April 2006 on the delimitation of sites, part of the infrastructure operated by public transit, to which apply the provisions of chapter III bis of the law of 10 April 1990 regulating private and particular security to strengthen the security in transport in common ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Amendments to the law of 10 April 1990 regulating private and particular security articles 2 article 13.1 of the law of 10 April 1990 regulating security private and particular, inserted by the law of 27 December 2004, is replaced by the following: «art.» 13.1 § 1. Notwithstanding any other provision of this Act, the provisions of this chapter are exclusively application: 1 ° to the security services referred to in article 1, § 11, and security officers who belong to a security service.
2 ° in all places that are part of the infrastructure operated by the public transport companies and transport vehicles.
§ 2. With regard to the security service as part of the public corporation transport belonging to the SNCB group companies, safety officers referred to the § 1, 1 °, may exercise their powers in accessible places or not to the public and in vehicles belonging to companies of the SNCB group, with the exception: has) infrastructure given in concession to third parties except in the case of agreement of cooperation with the dealer and the manner laid down by the abovementioned Agreement;
(b) paths that are a highway, with the exception of underpasses and bridges.
§ 3. With regard to regional public transit companies that organize metro, tram and bus services, the security officers referred to the § 1, 1 °, may exercise their powers: has) in accessible places or not to the public and belonging to these companies, including publicly accessible surface infrastructure, tram and bus stations which the company defines as being located on the surface the stations of underground premetro except infrastructure given in concession to third parties except in the case of cooperation agreement with the dealer and in the manner laid down by the abovementioned Agreement;
(b) in transport vehicles used by those companies of transport including vehicles used on order and for account of the transport company.
§ 4. In the case of agreement of cooperation between public transit companies, security officers can exercise their skills in places and other companies of transport vehicles according to the conditions laid down in the abovementioned Agreement.
5. Exceptionally, security officers may exercise their powers on the highway under the following cumulative conditions: 1 ° in case of accident of traffic or crime of common law or crime from being committed or in case of behaviour seriously endangering the safety of third parties or that of the person concerned;
2 ° within a radius of 15 meters located around the vehicle of the society of public transit;
3 ° in the absence of police services and pending the arrival of the latter. » Art. 3. section 13.7. the same Act, inserted by the law of 27 December 2004, is replaced by the following: 'Art.13.7. The decision to use the opportunities provided in sections 13.5 and 13.6 is taken by the Minister of the Interior on a proposal from the transit company. » Art. 4. article 13.11. the Act, inserted by the law of 27 December 2004, is replaced by the following: ' by way of derogation from article 8, § 11, security officers referred to in this chapter may ask people to submit or transmit identification documents, control them, copy them or withhold, in the following cases: 1 ° after the person concerned has committed a common crime or a crime or if it has or has had a behaviour involving seriously. endanger the safety of third parties or hers;
2 ° in order to verify compliance with the regulations in force concerning public transport or in the event of breach of the aforementioned regulation.
The security officer notifies the person that he may be the subject of retention provided for in article 13.12 if he refuses to identify or gives an identity that proves to be false.
The security officer can only monitor, copy or retain the identity document during the time required for verification of identity. It shall then immediately return this document to the person concerned. » Art. 5. article 13.12. the same Act, inserted by the law of 27 December 2004, is replaced by the following: «art.» 13.12. § 1. Security officers may hold persons if the following conditions are cumulatively met: 1 ° the person concerned has: has) committed a common crime or a crime or, if a minor, a fact described as a common crime or a crime;
(b) committed an offence under the regulations in force on public transit, thereby seriously endangering the safety of third parties or hers;
(c) is, after the warning referred to in article 13.11, paragraph 2, clearly refused to identify themselves by any means or gave an identity which, after contact with the competent services, has proved to be false;
2 ° the security officer of the retention or a member of the staff of the public society of transport in common or five persons whose identities are identified immediately by the security officer or a member of the staff of the transport company were eyewitnesses of that offence or this fact;
3 ° the retention occurs immediately after the matters referred to in 1 ° have been committed and recorded;
4 ° immediately after retention, a police service is informed. If retention takes place in a moving vehicle, the warning must be no later than at the time when the person is away from the vehicle;
5 ° the person concerned is subtracted as quickly as possible at the sight of the public.
§ 2. Until the arrival of police officers, the person remains under the direct supervision of the security service.
It is forbidden to confine the person concerned or attach it to a place by any means whatsoever.
§ 3. It is necessary to put an immediate end to the retention: 1 ° if the police service warned informed that he will not come on the spot;
2 ° If the police service warned indicates that he will not come on the spot later: has) within two hours of the warning in the case of common crime or crime or conduct gravely endangering the security of third parties or that of the person concerned;
(b) within thirty minutes of warning manifest to identify refusal or the communication of an identity that after contact with the competent Department, proved false;
3 ° if warned police service reports that he would arrive on the spot, but that called police officers are not on-site subsequently within the time established in the 2nd.
Retention may last longer as circumstances warrant. (In any case, the retention can not last more than two hours in the case referred to in § 3, 2 °, a) and 30 minutes in the case referred to in § 3, 2 °, b), without prejudice to article 34, § 4 of the Act of 5 August 1992 on the police function. » Art. 6a article 13.15 of the Act, inserted by the Act of 27 December 2004, the words "in articles 13.5. and 13.12 to 13.14' shall each time be replaced by the words "in articles 13.1, § 5, 13.5 and 13.11 and 13.14.
7 ÷ article 13.16, paragraph 2 of the same Act inserted by the Act of 27 December 2004 'sections 13.5 and 13.12 to 13.14' shall be replaced by the words "in articles 13.1, § 5, 13.5 and 13.11 and 13.14.
CHAPTER 3. -Provision repealing art. 8. the royal decree of 4 April 2006 on the delimitation of sites, part of the infrastructure operated by the public transport companies, to which apply the provisions of chapter III bis of the law of 10 April 1990 regulating in particular, private security is repealed.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given at Chateauneuf-de-Grasse, August 3, 2012.
ALBERT by the King: the Minister of the Interior, Ms. J. MILQUET seal of the State seal: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2011-2012 House of representatives Documents. -2323 Senate Document. No. 5-1762