Act On The Establishment And Funding Of Road Safety Action Plans

Original Language Title: Loi relative à l'établissement et au financement de plans d'action en matière de sécurité routière

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Posted the: 2005-12-21 Numac: 2005014216 SERVICE PUBLIC FEDERAL mobility and transport 6 December 2005. -Law on the establishment and funding of plans of action on road safety ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: chapter I:. -Disposition introductory Article 1. This Act regulates a matter referred to in section 78 of the Constitution.
CHAPTER II. -The establishment and funding of s. road safety action plans 2. revenues of the criminal fines for traffic, the public action off possibly payment amounts, as provided in Act coordinated March 16, 1968 on road traffic police and funds such as described in article 216bis of the Code of criminal procedure are in accordance with the provisions of this Act, attributed in part to areas of local police and the federal police.
S. 3 § 1. To be eligible for distributions areas of local police and the federal police must write a road safety action plan which is approved by the Minister of the Interior and the Minister of mobility.
§ 2. The action plan must meet the following conditions: 1 ° it refers to at least one of the road safety themes laid down by the King.
2 ° it provides an analysis of the problems of road safety on roads which are spring or the zone concerned police, the Federal Police as well as an inventory of existing activities on criminal policy of road safety on the routes in question;
3 ° it determines priorities for actions of information, awareness-raising, prevention and control on road safety;
4 ° the plan of action of local police areas must register in the objectives of the zonal security plan and the plan of action of the federal police must register in the objectives of the national security plan.
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3. Areas of local police and the federal police shall designate a coordinator who will ensure the monitoring and the effective realization of the objectives of the action plan.
§ 4. Areas of local police and the federal police prepare an evaluation report with the distribution of the workforce and the resources allocated to the various actions, implemented the plan of action.
The evaluation report highlighted the efforts carried out on road safety and includes the results of the actions implemented under the action plan.
The evaluation report is annexed to the draft plan of action filed the following year.
§ 5. Only police zones who actually undertook the control, information and prevention activities included in the action plan which is the subject of the evaluation, are eligible for the approval of a new plan. The same rule applies to the federal police.
S. 4. the procedure of preparation and approval of plans for the areas of local police road safety action is similar to the procedure for the preparation and approval of the zonal security plans referred to in article 37 of the Act of 7 December 1998 organizing an integrated police service, structured on two levels, with the exception of the reference to the Minister of Justice, which must in this case, be replaced by the Minister of mobility.
Areas of local police and the federal police transmit their road safety action plans to the Ministers of the Interior and the mobility for approval at the same time as the report of the assessment and at the same time that the zonal plan security, or in what concerns federal police the national security plan, no later than 1 April , under penalty of inadmissibility.
When national or zonal security plan is identical to the previous year's plan, this national or zonal security plan should not be again passed.
The Ministers of the Interior and mobility are pronounced on the road safety action plan within a period of two months from the receipt of the plan of action. After this time, their approval is deemed to be earned.
If the Ministers of the Interior and mobility do not approve the plan, a new version is subject to them. In this case, the approval time is reduced to one month.
Ministers of the Interior and the mobility decide approval or refusal of the road safety action plans. This decision is forwarded to the Ministers of finance and the Budget, to carry out the liquidation of the sums for the benefit of areas of local police and the federal police.
S.
5 § 1. The allocation to the federal police and local police areas is calculated as follows: 1 ° the total revenue referred to in article 2 is reduced by the amount of these receipts in 2002, on the understanding that the King may determine, by Decree deliberated in the Council of Ministers, a maximum or minimum amount for this difference.
The amount of these receipts in 2002 is linked to the consumer price index, which reached on December 31, 2002 and is suitable on 1 January of each year for the greatness of the consumer price index reached on 31 December of the previous year.
2 ° of the amount referred to in 1 ° is then removed:-the amount fixed by the King by Decree deliberated in the Council of Ministers, which is awarded to the federal public Service mobility and transport for the administrative follow-up and control of the action plans;
-the amount fixed by the King by Decree deliberated in the Council of Ministers, which is awarded to the federal public Service Interior for the administrative follow-up and control of the action plans;
-the amount fixed by the King by Decree deliberated in the Council of Ministers, which is reserved for the control on road safety services that depend on the federal public service finance and mobility and transport. This amount can be assigned and used for the purchase of equipment purchases common organized by federal police and in support of road safety policy;
-the amount allocated to the federal public Service Justice and which is equal to a percentage determined the amount referred to in 1 °. The percentage that is applied to this amount is equal to the percentage of the allocated share that is assigned to the federal police.
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2. The amount allocated to the federal public Service Justice is poured into the Security Fund in addition to the envelope reserved for judicial alternatives to fund the execution of measures or alternative penalties aimed particularly at improving road safety.
The Minister of Justice establishes annually a report to the Minister of mobility on the enforcement of road safety projects funded by this amount.
§ 3. The Ministers of the Interior and the mobility shall lay down by Decree deliberated in the Council of Ministers, the amount that is reserved for common purchases in support of road safety policy.
Previously, they ask the opinion of the federal police and the Standing Committee of the local Police referred to in article 91 of the Act of 7 December 1998 organizing an integrated police service, structured on two levels, on the need for common purchases.
Common purchases must be intended to increase road safety and are assigned to the federal police and the local police zones who have registered for these common purchases.
The King may, by Decree deliberated in the Council of Ministers, limit the amount reserved for common to a certain maximum amount purchases.
S. 6. the Minister of finance and the Minister for the Budget shall notify each year, no later than February 1, Ministers of the Interior and mobility the total amount of revenues referred to in article 2, reduced by the amount of these receipts in 2002.
In the eight days following this communication, the Minister of the Interior and the Minister of mobility published in the Moniteur belge, the following: 1 ° the share allocated to areas of local police and the federal police, in accordance with article 5, § 1;
2 ° the maximum amounts which can claim each area of local police and the federal police;
3 ° the amount that is spent for common purchases in support of road safety policy.
The Minister of the Interior and the Minister of mobility shall communicate each year to the Minister of Justice, more than Bacon the day of publication in the Moniteur belge of the amounts determined in the preceding paragraph, the amount is granted for execution of measures or alternative penalties aimed particularly at improving road safety.
S. 7 § 1. The maximum amount which can be claimed areas of local police and the federal police are determined by application of a sharing key on the amount of the allocated share referred to in article 5, § 1.
The fixed King key, by order deliberated in Council of Ministers, on the basis of the following three criteria: 1 ° the categorization of areas of local police and federal police into five groups on the basis of the organic police framework;
2 ° the decrease in the number of victims of traffic on the roads of traffic accidents in which there were injuries or deaths respectively falling under the jurisdiction of the area by local police or federal police;
3 ° the number of kilometres of roads for which the area of local police or federal police is competent.
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2. the amount allocated to the federal police is poured into the 'benefits for third parties' funds, and may not extend more than 5% of the amount referred to in article 5, § 1.
S.
8 § 1. The liquidation of the sums is done in twice a first instalment of the amount awarded shall be paid no later than July 1. A second tranche of the amount awarded shall be paid during the month of January of the year following.
§ § 2 2. Unallocated amounts are added to the balance referred to in article 5, § 1 of the following year.
CHAPTER III. -Amending provisions and repealing article 9A entry 17 of the table annexed to the Act of 27 December 1990 creating budgetary funds, such as amended by the Act of 27 December 2004, the following changes are made: 1 ° the 'Nature of the assigned revenue' section is replaced by the following provisions: Nature of assigned revenue with the exception of those referred to in items 17-2 and 17-3 in the above table. (, a) benefits, contributions, revenues, payments or positive balance referred to in article 115 of the Act of 7 December 1998 organizing service integrated police structured on two levels;
(b) payments made in pursuance of the law of 6 December 2005 concerning the establishment and funding of road safety action plans";
2 ° has the topic "Nature of expenditures", the words "including, subject to a specific follow-up, expenditures related to the implementation of the plans of action on road safety referred to the law of 6 December 2005 concerning the establishment and funding of plans of action on road safety but" are inserted between the months "and investment," and "with the exception of the.
S. 10. article 41, paragraph 3, of the Act of 7 December 1998 organizing an integrated police service structured at two levels is repealed.
S. 11. Chapter VI of title V of the law of March 16, 1968 on road traffic police, inserted in the Act of 7 February 2003 concerning various provisions regarding road safety, is repealed.
CHAPTER IV. -Provisions transitional art. 12. by way of derogation from article 6, the communication referred to in article 6, 2nd paragraph is performed for the year 2005 at the latest within ten days following the publication of this Act in the Moniteur belge.
By derogation from article 4, 2nd paragraph, areas of local police and the federal police must transmit their action plan for the year 2005 at the latest within ten days following the publication of this Act in the Moniteur belge.
By way of derogation from article 4, 4th paragraph, the Ministers of the Interior and the mobility pronounce for the year 2005 within a period of four months from the receipt of the plan of action after this time, their approval is deemed to be earned.
By derogation from article 8, a first instalment for the year 2005 shall be paid of the approval of the road safety action plans.
Chapter V. - Entry into force art.
13. this Act is effective January 1, 2005.
Promulgate this Act, order it to be coated with the seal of State and published by le Moniteur.
Given in Brussels, December 6, 2005.
ALBERT by the King: the Minister of Justice, Ms. L. ONKELINX. the Minister of finance, D. REYNDERS the Minister for Budget, Ms. F. VAN DEN BOSSCHE the Minister of the Interior, P. DEWAEL the Minister of mobility, R. LANDUYT sealed with the seal of the State: the Minister of Justice, Mrs L. ONKELINX