Executive Order On Companies Making Omsyn Of Vehicles (Omsyns)

Original Language Title: Bekendtgørelse om virksomheder, der foretager omsyn af køretøjer (Omsynsvirksomheder)

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=114943

Overview (table of contents) Chapter 1 Authorisation to companies making omsyn of vehicles

Chapter 2 Conditions for authorisation

Chapter 3 Control and supervision

Chapter 4 cancellation and revocation of permission to carry out omsyn

Chapter 5 Temporary permission

Chapter 6 Penalty-and entry-into-force provisions

Annex 1

Annex 2 the full text Announcement about companies making omsyn of vehicles (Omsyns)

Under section 5, § 8, §§ 10-11, section 13, paragraph 3-4 and section 15 of Act No. 473 of 9. June 2004 on the approval and inspection of vehicles shall be determined:

Chapter 1

Permission to companies making omsyn of vehicles

Authorization scale

§ 1. Omsyn of vehicles shall only be carried out by companies who have permission from the traffic Agency to carry out omsyn of vehicles (omsyns companies) or have permission from the traffic Agency to carry out the vision (vision).

(2). By omsyn means a technical control of whether you know vision deficiencies by a vehicle is repaired.

(3). By company, for the purposes of this Ordinance sole proprietorships, limited liability companies, limited liability companies, foundations and other self-governing institutions, partnerships, limited partnerships, partnerships, cooperatives (cooperatives) as well as other societies and associations with limited liability.

(4). A permission to perform omsyn include one or more of the following categories of vehicles:





1) Category 1: Vehicles for not more than 9 persons, including the driver, and with a maximum authorized mass not exceeding 3500 kg and trailers for cars, where the trailer has a maximum authorized mass not exceeding 3500 kg.

2) Category 2: Tractors, motor gears and their trailers.

3) Category 3: motorcycles, mopeds and trailers for motorcycles.





(5). There may not be authorized to make omsyn of the following vehicles: cars for more than 9 persons, including the driver, or with a maximum authorised weight of more than 3500 kg as well as trailers for cars, where the trailer has a maximum authorised weight of more than 3500 kg, and block wagons.

(6). A permission to perform omsyn is supplied with an authorisation number and issued with validity until further notice.

Conditions for the grant of authorisation

§ 2. Authorised to carry out the omsyn of vehicles can be issued to companies that meet the requirements of nr. 1-12, said conditions.





1) the company shall have a technical person in charge, who is the company's owner or are employed in the company, and who is trained (vehicle) mechanic, or have passed the other relevant technical training in a similar or higher level, approved by the Traffic Agency, be in possession of a valid driving licence for the vehicle categories, the omsyne and must have passed a road agency approved course, see. section 13, paragraph 1, and have the necessary managerial powers to lead the company's permission demanding work, see. § 12. The technically responsible person shall not be deprived, under guardianship after the Guardianship Act section 5 or under samværgemål after the Guardianship Act section 7.

2) the company must have a fixed place of business in this country.

3) the company shall not be less than bankruptcy or winding-up.

4) the company shall have full access to it in section 16, paragraph 1, of the basic regulation. Annex 2 referred to equipment relating to the category or categories of vehicles the company wants permission to omsyne.

5) company must be enrolled in one of the traffic Agency approved maintenance control system.

6) the company must have a valid liability insurance, which includes omsyns work.

7) to use for the transmission of omsyns information, the company must have electronic communications equipment that can communicate with the traffic Agency's communications equipment.

8) company's employees carrying out the omsyn, must be trained (vehicle) mechanics and be in possession of a valid driving licence for the vehicle categories, they need to be omsyne.

9) the company must agree to it in Chapter 3 shall control and supervision.

10) the company, including the company's owner, as well as the technically responsible person shall not within the last 3 years to be convicted of conditions covered by the Criminal Code section 78, paragraph 2.

11) company, including the company's owner (personally operated business), may not have exhibited such behavior, that there is reason to believe that the company will not be driven safely.

12) Neither the company, including the company's owner (personally operated business), or the technically responsible person must have overdue debts to the public on 50,000 USD or more.





Application for authorisation

§ 3. Application for authorization to carry out omsyn of vehicles shall be submitted to the traffic agency via a special table on www.virk.dk or on a special form, which is available on request from the traffic Agency.

(2). The application may be rejected if it is filled out incorrectly, or incomplete, illegible.

(3). The application shall contain an indication of the company's name, address and telephone number, and company registration number and information concerning any legal form. There must also be provided the name, address, telephone number and social security number of the owner of the establishment (personally operated business) as well as the company's technical responsible person.

(4). The application shall contain an indication of the category of vehicles the company wants permission to make omsyn of the basic regulation. section 1, paragraph 4, as well as information about all omsyns places.

(5). The application must also contain the following:





1) Statement from the company's technical responsible person that he or she is trained (vehicle) mechanic or have passed the other relevant technical training in a similar or higher level, be in possession of a valid driving licence for the vehicle categories, the omsyne and must have completed and passed it in section 13, paragraph 1, referred to the course, as well as information about which approved training activities, the technically responsible person has completed the course.

2) Statement from the company about that company's technically responsible person is employed in the company and have management powers to ensure compliance with the obligations incumbent upon the technically responsible person in accordance with § 12.

3) Declaration by the company's technical responsible person that he or she is not legally incompetent, under guardianship after the Guardianship Act section 5, or under the Guardianship Act § 7 after samværgemål.

4) Statement from the company about that company's employees carrying out the omsyn, are trained (vehicle) mechanics.

5) Statement from the company, including the company's owner (personally operated business), and the company's technical responsible person that those within the last 3 years are not sentenced for violation of the rules of the law on the approval and inspection of vehicles, or regulations issued thereunder, nor convicted of conditions covered by criminal law, in particular the Criminal Code section 78, paragraph 2.

6) Statement from the company's technical person in charge of that company at the starting time has full availability of it in section 16 of the basic regulation. Annex 2 referred to equipment that corresponds to the category or categories of vehicles the company wants permission to omsyne.

7) Statement from the company's technical person in charge of that company is enrolled in one of the traffic Agency approved maintenance control system referred to in article 6. § 17, as well as information on control body name.

8) Statement from the company that the company does not have significant overdue debts to the public, meaning the amount of 50,000 USD or more.

9) Statement from the technically responsible person that this has not significantly overdue debts to the public, meaning the amount of 50,000 USD or more.

10) Declaration by the owner of the establishment (personally operated business) that he or she will not have significant overdue debts to the public, meaning the amount of 50,000 USD or more.

11) Statement from the company that the company is not under bankruptcy or liquidation.

12) Statement from the company that the company has a valid liability insurance, which includes omsyns work, and that waivers vehicle cooler for loss may be a result of a defective or incorrectly performed omsyn.

13) Declaration by the company or the company's technical person in charge of that company has electronic communications equipment that can communicate with the traffic Agency's electronic communication equipment.





§ 4. For use of the company's assessment of the facts which are important for the authorization, the Danish Medicines Agency's Road after obtained consent can obtain information about the company, the company's owner (personally operated business) and the technically responsible person with public authorities, including on economic and possible offences.

Refusal of authorisation


§ 5. Authorised to carry out the omsyn of vehicles shall be refused if the company, the company's owner (personally operated business) or the technically responsible person is convicted of an offence, justifying a nearby danger for abuse of access to exercise activities, see omsyns. Penal Code section 78, paragraph 2, and article 5, paragraph 4, of the law on the approval and inspection of vehicles.

(2). Authorised to carry out the omsyn of vehicles can be denied if the company/company owner (personally operated business), have exhibited such behavior, that there is reason to believe that the company will not be driven safely, see. § 5, paragraph 3, of the law on the approval and inspection of vehicles.

(3). Authorised to carry out the omsyn may be refused if the company, including the company's owner (personally operated business), and/or the company's technical responsible person does not know the application shall notify the Traffic Agency in section 4 shall consent.

(4). Permission to carry out omsyn can be refused if it is likely that the company will not be able to exercise omsyns plant safely.

(5). By refusal in accordance with paragraph 1, Penal Code section 78, paragraph 3, shall apply by analogy.

Chapter 2

Conditions for authorisation

§ 6. A company of Road Agency has been given permission to carry out omsyn of vehicles must comply to in § 6, paragraph 3, and § § 7-16, §§ 21-23 and article 26, paragraph 2, stated terms and shall at all times comply with the continued in section 2, no. 1-12 conditions laid down.

(2). Road agency can obtain information from public authorities, as well as ask the company about information for the purposes of assessing whether the requirements referred to in paragraph 1 are fulfilled.

(3). If the traffic agency conditions laid down for the granting of an authorisation or the terms thereof is changed after a company authorised to carry out omsyn of vehicles, Road agency gives the company a reasonable period of time to demonstrate that the company complies with the amended requirements.

§ 7. For the approval of a vehicle by omsyn followed the terms of this notice as well as the rules laid down in the Ordinance on the approval and inspection of vehicles, Ordinance on retail prescriptions for vehicles, furnishings and equipment, guidance on the inspection of vehicles and road traffic Agency's notices of vehicle interiors and equipment, etc.

§ 8. When a vehicle has been approved by the omsyns company, the approval shall be reported electronically to road traffic Agency immediately after approval.

(2). The vehicle must remain on the company's area for at least 5 minutes after the vehicle approval have been reported to the Traffic Agency, see. However, paragraph 3.

(3). If the Traffic Agency within the time referred to in paragraph 2 shall be 5 minutes notice that the vehicle is selected for inspection in accordance with the maintenance control system or to the Traffic Agency's random testing, the vehicle shall remain on the company's area until verification is made, however, a maximum of 1 hour of approval have been reported to the Traffic Agency.

§ 9. The authorization, or a copy thereof, shall be located in a visible place of the establishment of omsyns customers in the immediate vicinity of the entrance to the omsyns site, or another equivalent place in the company, where the permission is equally visible to customers.

(2). If the authorisation is damaged or lost from the omsyns company, the licence holder must immediately ask the Agency for a new Road.

(3). Permission cannot be transferred.

§ 10. Changes in the corporate structure of the establishment omsyns and other business conditions, conditions of employment for the company's technical person in charge, or changes in other factors, in respect of which the Declaration is a prerequisite for licence issuance, see. § 3, must be immediately submitted to the Traffic Agency for approval, with a view to the continued validity of the permit.

Technically responsible person

§ 11. The person who is employed in a omsyns company as the company's technical responsible person must not without special permission from the traffic Agency at the same time drive other self-employment, which is covered by the permit requirement foreseen in the law on the approval and inspection of vehicles, or be employed in other activities, carrying out such work.

§ 12. Omsyns undertaking technical responsible person must:





1) give employees instructions on work performance and conduct appropriate supervision with this,

2) ensure that the necessary and properly functioning equipment, see. § 16,

3) make sure that the omsyns undertaking shall at any time have access to an up-to-date collection of relevant rules and regulations, including in particular the Ordinance on the approval and inspection of vehicles, Ordinance on retail prescriptions for vehicles, furnishings and equipment, guidance on the inspection of vehicles and road traffic Agency's notices of vehicle interiors and equipment, etc.,

4) ensure that the work is carried out in strict accordance with the applicable rules,

5) make sure that the omsyns company is registered for a maintenance control system referred to in article 6. § 2, nr. 5 that this works in practice, and to take appropriate measures on the basis of reports by the inspection body.





Approved training for technical responsible person

§ 13. The company's responsible person must be technically trained (vehicle) mechanic or have passed the other relevant technical training in a similar or higher level. The technically responsible person must also have undergone a course with a duration of at least 3 days and culminating with a passed test in the subjects listed in annex 1. In addition, the technically responsible person implement continuing education to the extent that is necessary in order to be able to make omsynene satisfactory.

(2). The training referred to in paragraph 1 shall be carried out in an establishment approved by the traffic Agency to conduct training courses for technical responsible persons.

(3). Road agency publishes regularly on the Road Administration website, www.fstyr.dk, a list of which companies which, in accordance with paragraph 2, is authorised to conduct training courses for technical responsible persons.

(4). Road agency sets out procedures for the recognition of foreign professional qualifications

On administration and Danish, etc.

§ 14. Management Act Chapter 2, 4, 5, 6, 7 and public Act Chapter 2, 3 and 4 shall apply in the context of omsyn.

(2). An omsyns company should not omsyne vehicles as the company owner or user or otherwise dispose of or have substantial economic interest in.

Fee

§ 15. For each made omsyn omsyns company of road agency pays a fee of $ 22.

(2). Road agency lays down detailed provisions for the charging of fees.

(3). If the fees are not paid in a timely manner, be attributed to interest rates in accordance with the Finance Act for the interest of monetary claims on property law, see. section 15, paragraph 1, of the law on the approval and inspection of vehicles.

(4). Happens the payment of fees is not filed in due time, printed Commemorative letter. For printing of 30254 charged a fee, which shall be recovered in the same manner as interest surcharge referred to in paragraph 3.

(5). The charges will be in accordance with paragraph 1 with the addition of possibly reminder fee in accordance with paragraph 4 still not paid, the claim shall be forwarded to a collection agency, and Traffic fee agency may revoke the authorisation to carry out omsyn of the basic regulation. section 28.

Requirements for equipment

§ 16. Omsyns companies must have full disposal of it equipment and comply with the requirements contained in annex 2.

(2). Omsyns companies may only omsyne and approve a vehicle if omsyns company uses the equipment referred to in paragraph 1, which are relevant for the vehicle in question and, in fact, possess and use the necessary equipment to ensure proper assessment of remedying the deficiencies.

Chapter 3

Control and supervision

Approval of repair control systems

§ 17. Road agency can approve companies to perform maintenance checks, see. § 2 (1) (8). 5. the Management Board may, on application, approve inspection bodies repair control schemes, if the repair control systems meet the requirements of paragraphs 2 to 4, as well as section 18 requirements.

(2). A maintenance control system shall include an equipment control, which includes a traceable calibration of measurement equipment.

(3). A maintenance control system must be covered by a quality management system, which ensures that the maintenance control system shall verify that omsyns companies operating in accordance with this Ordinance.

(4). The quality system must be documented in the form of a manual or a collection of documents on a systematic and orderly way gives an account of measures, procedures and instructions.

§ 18. In a maintenance control system must be on each omsyns place 2 be carried out unannounced inspections each year with a view to





1) check that the information on the rectification of errors of a omsynet car is correct, and

2) verification that the equipment referred to in annex 2 is present and functioning properly.





(2). For each inspection visit must be the subject of a report which at the outset must specify assessment "satisfactory" or "unsatisfactory".


(3). The report shall contain proposals for measures, as omsyns company must take to comply with the terms.

(4). The report shall be handed over to the omsyns company and sent electronic copy to the Traffic Agency, indicating the omsyns establishment authorisation number.

§ 19. Road agency publishes regularly on the Road Administration website, www.fstyr.dk, a list of approved maintenance control schemes.

Supervision of omsyns enterprises

§ 20. Road Agency carries out supervision of omsyns companies. Supervision consists of an administrative oversight (assessment of complaints and reviews, control of company information, etc.) and practical supervision (control visits to the company).

§ 21. Omsyns undertaking shall, on request, inform the traffic Agency any information about the company, which are important for the traffic Agency issued the permit.

§ 22. Road agency may at any time against proper identification and without a court order, conduct unannounced supervision of omsyns company, including checking of whether the vehicles have been to or is under omsyn with the licence holder, and situated on its territory, are omsynet correctly.

§ 23. Omsyns undertaking shall, upon request, inform any information necessary for the performance of the supervisory task covered by the notice.

(2). Omsyns undertaking shall upon request provide sites and equipment available to the Traffic Agency's technical studies.

(3). If there are reasonable grounds to suspect that a company is grossly or repeatedly violates the conditions for operating omsyns company, Road agency lead tightened supervision of the company in a period, see. In addition, section 28 of the revocation of the permit.

§ 24. Road agency can by a supervisory visit to revoke an approval of a vehicle, if they are committed a serious error by approval.

§ 25. Road Agency shall notify the omsyns undertaking the result of supervision immediately after surveillance has taken place.

Chapter 4

Lapse and revocation of permission to carry out omsyn

Cancellation of permit

section 26. A permission to perform omsyn lapse, without prejudice. section 7 of the law on the approval and inspection of vehicles, if:





1) company ceases to operate the omsyns company

2) company, is going into receivership or liquidation,

3) technically responsible person's affiliation with the company is terminated,

4) the owner of the establishment, or in the case of a legal person, members of the Board of directors or the Executive Board, or the technically responsible person is diagnosed with overdue debts to the public at 100,000 USD or more.





(2). If the basis for a lapse of an authorisation pursuant to paragraph 1 are present, the undertaking must inform the Traffic Agency to that effect.

§ 27. The pursuing omsyns company, may by judgment for offence disqualified from continuing to engage in that activity or to exercise it in certain forms, if it showed conditions justify a nearby danger of misuse thereof, see. section 79 of the criminal code.

Revocation of authorization

section 28. Road agency may revoke an authorization to carry out omsyn, if the holder of the authorisation, the grossly or repeatedly violated the terms of the permit, including on proper content and implementation of omsyn of the basic regulation. section 8 of the law on the approval and inspection of vehicles.

(2). A permit may be revoked if the company or the company's technical omsyns responsible person, has substantial overdue debts to the public, meaning the amount of 50,000 USD or more, and in spite of this, have signed a declaration to that effect, see. section 3, paragraph 5, no. 9 and 10.

(3). A permit may be revoked if the company, including the company's owner (personally operated business), and/or the company's technical responsible person will not notify the road traffic agency it in section 4 of the said agreement.

(4). A permit may be revoked for a specified period or until further notice.

(5). Road Agency shall lay down detailed rules about when a company again after application can get a permit to carry out omsyn.

(6). A decision on the revocation under paragraph 1-3, of the undertaking to which the decision relates, demanded brought before the courts. Request for the right to apply to the courts shall be made over to road agency at the latest 4 weeks after that decision has been notified to the undertaking in question. The decision must include a statement to that effect. Road agency brings an action against the person concerned in accordance with the rules of the code of civil procedure.

(7). Request for legal action concerning revocation does not have suspensive effect unless the Court by order determines that the undertaking concerned during the proceedings must have access to carry out omsyn. Appeal a judgment whereby a revocation of a permission cannot be found valid, the Court which has handed down the judgment, or the Court, to which the matter is referred to it, determine that the making of omsyn must not be allowed to happen during the appeal proceedings.

section 29. A company that does not have permission to make omsyn, or if the permit has lapsed or revoked without prejudice. sections 26-28, do not describe themselves as omsyns company or otherwise make something that is fit to wake the notion that such a permit are exhausted.

Chapter 5

Temporary permit

section 30. After application, a omsyns company get temporary permission to continue as omsyns company, provided that:





1) Omsyns of the establishment technical responsible person is deceased, or otherwise through prolonged (more than 4 weeks) illness or similar, have been unable to carry out the functions that are provided by the permit issuing contested by the person concerned.

2) Omsyns of the establishment technical responsible person has resigned, without prejudice. (2).





(2). Where an enterprise technically responsible person has resigned, may waiver is granted for up to two months until the company has hired a new technically responsible person. In special cases, the waiver request shall be extended for up to four months in total, if the omsynings undertaking shall appoint a substitute. Delegate shall comply with the requirements which are technically responsible.

Chapter 6

Penalty-and entry-into-force provisions

section 31. Violation of section 1, paragraph 1, article 6, paragraph 1, § 7-12, nr. 2 and 4, article 13, paragraphs 1 and 2, article 15, paragraph 1, article 16, article 17, paragraph 2, article 18, section 21, article 23, article 26, paragraph 2, and section 29 is punishable by a fine.

(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

section 32. The traffic Agency's decisions after this Ordinance may not be referred to the Secretary of State or other administrative authority.

section 33. The notice shall enter into force on the 15. August 2008.

(2). At the same time repealed road traffic Agency's order No. 763 of 8. July 2004 about companies making omsyn of vehicles (omsyns).
Road Agency, the 11. August 2008 Henning Christiansen/Theo Rabenberg Annex 1

Course content

List of subjects under section 13, paragraph 1, must be included in a course for obtaining approval as technical person in charge of a omsyns company:

Knowledge of:

Road Traffic Act's rules on vehicles, furnishings and equipment.

Executive order on retail prescriptions for vehicles, furnishings and equipment, including that he or she is familiar with:




1) construction of the retail prescriptions.

2) Supplementary certificates.

3) Payment conditions.

4) Ordinance about vehicle interior design and equipment.



Thorough knowledge of:

Law on the approval and inspection of vehicles.

Executive order on companies making omsyn of vehicles.




1) The technical responsible must know the responsibilities and powers.



Guidance on the inspection of vehicles, in particular to the technical responsible




1) Can inform themselves about the effectiveness of such location.

2) can parse error descriptions in survey reports from vision companies.

3) can make an assessment of an executed repair in relation to the provisions.



It-treatment of vision results.




1) Reporting of Visual results by omsyn, handling of breakdowns in the systems.



Ordinance on the approval and inspection of vehicles, etc., including




1) Handling of the report.

2) Handling of registration form.

3) Alerts of the approval of road agency.



The administrative procedure code, Chapter 2, 4, 5, 6, 7, 8.

Law on open Government, Chapter 2, 3 and 4.
Annex 2









Equipment







Demand for equipment in the enterprises approved for omsyn of vehicles within the vehicle categories:





Category 1 (alm. cars, etc.)





Category 2 (tractors, etc.)





Category 3 (motorcycles, etc.)







1. CO/lambda-meter ("4-gas tester")









 












2. The opacity monitor (smoke meter)









 

 





3. measuring equipment with compressed air couplings and hoses √



 





4. Lamp test apparatus with accompanying calibrated measuring space

























5. Drop-down box brake measurement incl. brake pneumatic measuring equipment, for control of heavy vehicles with axle load on 10,000 kg and the possibility for testing of vehicles with axle width 2.75 m



 







 





6. Drop-down box brake measurement, Inc. pedal force measuring equipment, for control of light vehicles with axle load at 2,200 kg and the possibility for testing of vehicles with axle width of 2.5 m









 

 





7. Lift with lifting capacity of 3,500 kg









 

 





8. the audit's grave



 







 





9. Tachometer for petrol engines









 











10. Tachometer for diesel engines















 





11. Plug connection tester (13 and 7 poles)















 







Measuring equipment, that is used by omsyn, shall have an accuracy which is usually recognized for workshop equipment, and shall be maintained and calibrated in accordance with the manufacturer's instructions.