Act To Amend Act Of 19 December 2006 On The Safety Of Railway Operations, To Establish Administrative Fines (1)

Original Language Title: Loi modifiant la loi du 19 décembre 2006 relative à la sécurité d'exploitation ferroviaire, en vue d'instaurer des amendes administratives (1)

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Posted the: 2012-02-01 Numac: 2012014018 SERVICE PUBLIC FEDERAL mobility and transport 28 December 2011. -Act to amend the law of 19 December 2006 concerning the safety of railway operations, to establish administrative fines (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
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2. this Act partially transposes Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the community's railways and amending Council Directive 95/18/EC on the licensing of between rail catches, and Directive 2001/14/EC of the Council on the allocation of railway infrastructure capacity pricing of railway infrastructure and safety certification, as amended by Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008, by Commission Directive 2008/110/EC of the European Parliament and of the Council of 16 December 2008 and 2009/149/EC of the Commission of 27 November 2009.
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3. article 12 of the law of 19 December 2006 on the safety of rail operations, last amended by the Act of January 26, 2010, is complemented by a 14 ° as follows: 'the imposition of administrative fines ° 14'
S. 4. in the same Act, it is inserted an article 13/1 as follows: «art.» 13/1. § 1. The safety authority may impose an administrative fine to a railway undertaking, the railway infrastructure manager and the holder, in the case of offences referred to in articles 59bis and 59ter.
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2. An officer referred to in article 58/1, § 1, shall prepare a report for offences referred to in articles 59/1 and 59/2.
The King determines the model of legitimation card that is presented when monitoring missions.
The report is dated and shall contain at least: 1 ° the name of the alleged offender;
2 ° the offence;
3 ° the place, the date and time of the finding of the infringement.
The report is immediately transmitted to the direction of the safety authority.
A copy of the report is sent to the alleged offender at the latest when the notification of the intention to impose an administrative fine.
§ 3. The Directorate shall inform the alleged offender within fifteen days of the date of the report of the intention to impose an administrative fine. The branch may extend this period if it considers it necessary for the exercise of missions and powers of the safety authority. In addition, the direction may extend this deadline if she grants a period the end alleged to offender for the offence.
The notification is done by registered post or in the manner determined by the King, and mentions under penalty of nullity the sum envisaged by the administrative fine, and the name of the alleged offender.
This notification may relate to facts which allegedly committed less than five years before the registered letter is sent.
§ 4. The alleged offender is invited to submit its defence in writing within a period of 30 days following the notification of that opinion. If the alleged offender has no registered in Belgium, this period is extended by 15 days.
The alleged offender shall also be informed: 1 ° may, on application, refer to the documents which are the basis of the intention to impose an administrative fine and obtain copies.
2 ° it can comment orally on his written defence. To this end, the alleged offender introduced a written request to the safety authority within thirty days of the receipt of the notification.
The alleged offender may be assisted or represented by a lawyer, and may call witnesses.
If the alleged offender feels that it lacks of enough time for its defence, it may address a reasoned request to the safety authority, which decides on the subject within fifteen days.
If the safety authority statue not matter within 45 days, the application is deemed accepted. The period referred to in § 6 shall be suspended for the duration of the extension of the time limit referred to in this paragraph.
The safety authority proves fair and impartial during the collection and communication of the evidence and evidence to discharge.
§ 5. When an administrative fine is imposed, the amount of the fine is adapted to the gravity of the offence and the extent to which it can be attributed to the offender. In addition, account shall be taken of the frequency of the offence and the circumstances in which the alleged offender has committed the offence.
If at the time of the decision to impose an administrative fine, the facts are no longer an offence within the meaning of articles 59/1 and 59/2, the administrative penalty will not be imposed.
§§ 3 and 4 shall apply in the case of the remedies referred to in article 14/5.
§ 6. The right of the safety authority to impose an administrative fine turns off two years after the sending of the notification authority of security referred to in § 3.
S. 5 article 14/6 of the same Act, inserted by the Act of January 26, 2010, is supplemented by a paragraph as follows: "By way of derogation from paragraph 3, the appeal against a decision as referred to in article 12, 14 ° has a suspensory effect."
S. 6. in title III, Chapter 1, of the Act, it is inserted an article 58/1 as follows: «art.» 58/1. § 1. The King means the safety authority officers responsible for the control of compliance with this Act and its implementing orders.
They may: 1 ° enter freely, at any time and without prior warning, any rolling stock or intended for use on infrastructure;
2 ° make all findings, gather information, take statements, present documents, papers, books and objects and enter those that are necessary for checking or necessary to put an end to the infringement.
They claim their rights of control if it is deemed reasonably useful for the performance of their tasks of control.
For the purposes of carrying out their tasks, they may require the public force.
§ 2. It shall have the right of access: 1 ° at the home of the heads of enterprise, administrators, managers, directors and other members of the staff of the undertaking concerned as well as housing and premises used for professional of natural and legal persons, internal or external, responsible for managing commercial, accounting, administrative, fiscal and financial company;
2 ° at the head office or operation of the undertaking concerned.
However, they have access to the premises referred to in paragraph 1 and to the following conditions: 1 ° have received the prior written permission of the occupant;
2 ° have received clearance prior and written by the investigating judge. In this case, they can access residential and living quarters that between 8 and 18 hours.
§ 3. Officers referred to the § 1 shall be bound by professional secrecy with regard to information obtained in the exercise of their monitoring missions. » Art. 7. article 59 of the Act is replaced by the following: «art.» 59. Notwithstanding article 43, paragraph 3, the offences under this Act and its implementing orders, failure to comply with a decision by the safety authority, any obstruction to the audits and investigations of the safety authority, as well as any interference with the action of the investigative body shall be punished to imprisonment of eight days to one year and a fine of twenty one thousand five hundred euros or one of those penalties only.
The provisions of book I of the penal Code are applicable to the offences referred to in paragraph 1.
1 paragraph is not applicable to the railway undertaking, infrastructure manager and holder who commits an offence which, under article 59/1, is punished by an administrative fine.
1 paragraph is not applicable to the railway undertaking, infrastructure manager and holder who commits an offence under a by-law for the implementation of this Act which, under article 59/2, is punished by an administrative fine. » Art.
8. in title III of the Act, it is inserted a chapter III, containing the articles 59/1, 59/2 and 59/3, as follows: 'chapter III. Administrative fines s. 59/1. The following offences under this Act are punished with an administrative fine: 1 ° the offence in article 6, § 3, is punished by an administrative fine of 2,000 to 4,000 euros;
2 ° the offence in article 6, § 4, is punished by an administrative fine of 2,000 to 4,000 euros;
3 ° the offence in article 8 is punished by an administrative fine of 1,000 to 2,000 euros;
4 ° the offence in article 9 is punished by an administrative fine of 2,000 to 4,000 euros;
5 ° breach, by the railway undertaking or the Manager of the railway infrastructure, of the measures referred to in article 13 is punished with an administrative fine of 4,000 to 8,000 euros;
6 ° the refusal to provide the technical assistance referred to in article 14, paragraph 3, is punished with an administrative fine of 1,000 to 2,000 euros.
7 ° the offence in article 16 is punished by an administrative fine of 4,000 to 8,000 euros.
8 ° the offence in article 17 is punished by an administrative fine of 4,000 to 8,000 euros.
9 ° the offence in article 18, first sentence, is punished by an administrative fine of 4,000 to 8,000 euros;
10 °

the offence in article 18, second sentence, is punished by an administrative fine of 4,000 to 8,000 euros.
11 ° the late submission of the report referred to in article 19 is punished with an administrative fine of 500 to 1,000 euros.
12 ° the non-filing of the report referred to in article 19 is punished with an administrative fine of 2,000 to 4,000 euros;
13 ° the incomplete filing of the report referred to in article 19 is punished with an administrative fine from 20 to 4,000 euros;
14 ° failure to fulfil the obligations referred to in article 20 is punished with an administrative fine of 1,000 to 2,000 euros;
15 ° non-immediate communication of the substantial modifications referred to in article 24 is punished by an administrative fine of 1,000 to 2,000 euros;
16 ° the offence in article 30, paragraph 2, is punished by an administrative fine of 1,000 to 2,000 euros.
17 ° failure to fulfil obligations regarding the validity of the licence for driver of train, referred to in article 37/15, is punished with an administrative fine of 2,000 to 4,000 euros;
18 ° the offence in article 37/4, paragraph 1, is assented to an administrative fine of 500 to 1,000 euros per train driver;
19 ° unless exceptions are provided by law, failure to fulfil the obligations concerning certificates of drivers of train infrastructure, material or language skills, referred to in article 37/15 is punished with an administrative fine of 2,000 to 4,000 euros;
20 ° the offence in article 37/9 is punished by an administrative fine of 500 to 1,000 euros.
21 ° the offence in article 37/10, paragraph 3, is punished by an administrative fine of 500 to 1,000 euros.
22 ° the offence in article 37/11 is punished by an administrative fine of 1,000 to 2,000 euros;
23 ° the offence in article 37/13 is punished by an administrative fine of 2,000 to 4,000 euros;
24 ° the offence in article 37/14 is punished by an administrative fine of 1,000 to 2,000 euros;
25 ° the offence in article 37/20, paragraph 3, is punished by an administrative fine of 4,000 to 8,000 euros.
26 ° the fact of the fact that the attendant holds a certificate referred to in article 37/23, § 1, paragraph 1, before it is allowed to carry out critical tasks defined in the same article, is punished by an administrative fine of 2,000 to 4,000 euros;
27 ° non-inclusion by the holder, in violation of article 38, a vehicle in the RNV, with the name of the entity in charge of maintenance, is punished by an administrative fine of 1,000 to 2,000 euros;
28 ° non-disclosure or late communication to the safety authority with the necessary modifications to the RNV referred to in section 38, is punished by an administrative fine of 1,000 to 2,000 euros;
29 ° breach, by the entity in charge of maintenance, rules stipulated in articles 39 to 42/1 concerning certification, is punished with a fine of 4,000 to 8,000 euros;
30 ° any obstruction to the exercise of the powers of the investigative body referred to in article 46, is punished by an administrative fine of 4,000 to 8,000 euros.
31 ° not responding within the time allowed for a report of audit, inspection or control the rules of security referred to in article 6, or on an approval or a certificate of security, is punished with an administrative fine of 500 to 1,000 euros;
32 ° not taking corrective measures within the time limit, according to a report of audit, inspection or control on the rules of security referred to in article 6, or on an approval or a certificate of security, is punished with an administrative fine of 2,000 to 4,000 euros;
33 ° does exceed the "immediate intervention" tolerances of track, according to the settings safety basic safety of its Infrastructure, or do not comply with the procedures of security of the TSI control-command signal, and EC, more than twice a year, is punished with an administrative fine of 2,000 to 4,000 euros;
34 ° non-payment or late payment of the fees referred to in articles 14/1, 14/2, 14/4, 33, 33/1 and 33/2 is punished with an administrative fine of 20 to 500 euros.
The offences mentioned in the preceding paragraph may also be committed by negligence or lack of foresight.
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59/2. § 1. By Decree deliberated in the Council of Ministers, the King defines the offences to an order made in pursuance of this Act which are punished by an administrative fine.
Crimes are divided into three degrees.
Crimes may also be committed by negligence or lack of foresight.
§ 2. First degree offences relate to facts and behaviours that have no impact on the safety of the people and which do not hinder seriously the functioning of the authority of security or investigative body.
The offences referred to in paragraph 1 are sanctioned to a fine of 50 to 1,000 euros.

§ 3. Second degree offences relate to facts and behaviours that have a direct or indirect impact on the safety of persons or which seriously impede the functioning of the authority of security or investigative body.
The offences referred to in paragraph 1 are sanctioned to a fine of 100 to 2,000 euros.
§ 4. Third degree offences relate to the facts and behaviours that are likely to be able to cause an accident or injury serious.
The offences referred to in paragraph 1 shall be punished an administrative fine of 400 to 8,000 euros.
§ 5. The King may determine, by deliberate order in Council of Ministers and in the minimum and maximum limits laid down in §§ 2 to 4, an amount, or minimum and maximum amounts in case of behaviour sanctioned by an administrative fine.
To set the level and the level of the penalty, the King takes into account the seriousness of the offences and their proportionality to administrative fines.
S. 59/3. § 1.
In extenuating circumstances, the administrative fine may be reduced, without that it can be less than 1 ° 50 euros for first-degree crimes;
2 ° 100 euros for offences of second degree;
3 ° 200 EUR for the third degree offences;
4 ° the half of the minimum amount of the amounts provided for in article 59/1.
§ 2. In the case of competition of several offences referred to in articles 59/1 and 59/2, all administrative fines shall be cumulative, unless they can however exceed the double of the of the highest administrative fine.
§ 3. The safety authority may provide in its decision to impose an administrative fine if the offender commits more offence for one year, the administrative fine is null and void.
§ 4. §§ 1 to 3 shall apply fully to the use referred to in article 14/5.
§ 5. If the offender is sanctioned with administrative fines provided for in article 59/1 and 59/2, one year after a decision by the safety authority to impose an administrative penalty became final, or one year after the judgment on the appeal against this decision is passed in force of res judicata, the minimum amounts defined in article 59/1, § 1 , and article 59/2, §§ 2 to 4, will be doubled.

§ 6. An administrative penalty may be imposed: 1 ° when the repressive judge has already imposed a penalty for the Act in question;
2 ° when the fact in question has already led to an acquittal, to a simple declaration of guilt without penalty to a suspension of the pronouncement of the sentence or a transaction referred to in article 216bis of the Code of criminal procedure.

§ 7. If the alleged offender is prosecuted criminally for facts which are inextricably linked to the fact for which the safety authority intends to impose an administrative fine, the deadlines referred to in this title shall be suspended until the moment where the Criminal Court will be held.

§ 8. Additional decimated referred to in article 1, paragraph 1, of the law of 5 March 1952 on additional decimated on criminal fines also apply to administrative fines referred to in articles 59/1 and 59/2.
In its decision, the safety authority reported the multiplication under the Act of March 5, 1952 and the amount resulting from this increase.
§ 9. The offender fulfils the administrative fine a month after the decision to impose an administrative fine has become final or the judgment on the appeal against this decision is passed in res judicata. The administrative fine is equivalent to the Treasury. The offender shall pay the amount to the Administration of the cadastre, registration and domains.
The attendant of the Administration of the cadastre, registration and domains shall inform the authority of security of the payment.
If the offender pays the delayed administrative fine it amount will be increased by full right to the legal interest rate, with a minimum of five percent of the amount of the administrative fine.
The right to collect the administrative fine is prescribed by two years from the date of the last day where the offender should have paid. This period shall be suspended in the case referred to in article 59/3, § 3. » Art. 9. this Act is referred to as "law on administrative fines SSICF".
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given at Chateauneuf-de-Grasse, December 28, 2011.
ALBERT by the King: Deputy Prime Minister and Minister of the Interior, Ms. J. MILQUET. the Secretary of State for the environment, energy

and mobility, M. WATHELET Scellé the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2011-2012.
House of representatives.
Documents. -Law proposal, 53-1758/001. -Report, 53-1758/002. -Text adopted by the commission, 53-1758/003. Text adopted in plenary meeting and transmitted to the Senate, 53-1758/004.
Compte rendu intégral. -17 November 2011.
Senate.
Documents. -Project not mentioned by the Senate, 5-1335/1.

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