Notice On The Traffic Agency's Tasks And Powers, Access To Justice And The Promulgation Of Certain Of The Traffic Agency's Regulations

Original Language Title: Bekendtgørelse om Trafikstyrelsens opgaver og beføjelser, klageadgang og kundgørelse af visse af Trafikstyrelsens forskrifter

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Overview (table of contents)



Chapter 1



Tasks





Chapter 2



Powers





Chapter 3



Certain regulations alone are promulgated on the Traffic Administration website





Chapter 4



Access to justice





Chapter 5



Date of entry into force of



The full text of the Executive order on the Traffic Agency's tasks and powers, access to justice and the promulgation of certain of the Traffic Agency's regulations

Pursuant to § 21 v, § 24 c, paragraph 2, and section 24 h, paragraph 1, of the law on rail, see. lovbekendtgørelse nr. 1249 of 11. November 2010, section 17 (1) and (5) of law No. 552 of 6. June 2007 on a City ring, section 152, section 152 (a), article 153, paragraph 2, and § 153 (a), paragraph 2, of the law on aviation regulation. lovbekendtgørelse nr. 959 of 12. September 2011, § 134 (a) in the highway code, see. lovbekendtgørelse nr. 1047 of 24. October 2011, § 72 of the highway code for Greenland, without prejudice. lovbekendtgørelse nr. 995 of 26. October 2009, section 19, paragraph 1, and article 21, paragraph 4, of law No. 455 of 18. May 2011 on energy labelling of energy-related products, section 12 of Act No. 473 of 9. June 2004 on the approval and inspection of vehicles, § 31 of the law on transport companies, see. lovbekendtgørelse nr. 412 of 11. April 2010, section 2 (a), paragraph 1, and article 18, paragraph 1, no. 11 of the law on bus service, see. lovbekendtgørelse nr. 1087 of 8. September 2010, as amended by Act No. 610 of 18. June 2012, section 8, paragraphs 1 and 2, of the law on the carriage of goods, without prejudice. lovbekendtgørelse nr. 1086 by 8. September 2010, as amended by Act No. 610 of 18. June 2012, article 12, paragraph 3, of the law on taxi services, etc., see. lovbekendtgørelse nr. 1039 of 8. October 2009, and section 27 of the postal law No. 1536 of 21. December 2010 fixed: Chapter 1 Missions article 1. The traffic Agency is an agency under the Ministry of Transport.

§ 2. Traffic Agency carries out the following tasks: 1) Regulation and supervision of the railway the area of interoperability, safety, preparedness and rail security, 2) Regulation and supervision in the field of air transport relating to civil aviation, including preparedness, as well as the operation of Bornholm airport, 3) Regulation and supervision on traffic safety and vehicles in the area of furnishings and equipment, as well as sustainable transport solutions, 4) approval of vehicles and regulation and supervision in connection with vision-and omsyns companies ' vision, respectively omsyn of vehicles , 5) administration of governmental tasks on trafikselskabs area concerning approval of tariffs, as well as coordination of public transport and sharing of ticket receipts in metropolitan area, 6) issuance of permit for coach and bus services and regular services as well as regulation and supervision in connection with this, 7) issuance of permit for road haulage as well as regulation and supervision in connection with this, 8) Regulation on taxi area and 9) Regulation and supervision of the postal sector.

(2). Traffic Board shall involve the Transport Minister in the subjects of major importance.

Chapter 2 Powers Powers in accordance with the law on rail



§ 3. Traffic Agency carries out the governmental tasks after jernbaneloven and tasks deriving from EU regulations concerning safety in the rail sector.

(2). Accomplishing tasks for interoperability, security, emergency preparedness and rail security in the rail sector in this notice includes the issuing of decisions, the setting of rules and supervision.

§ 4. Transport Minister's powers in section 1, paragraph 5, § 2, paragraph 2, section 4, paragraphs 3, 6 and 7, section 4 (a), section 5, paragraphs 2 and 3, article 6, paragraphs 3-5, section 8 (a), paragraph 2, section 8 (d), paragraph 5, article 9, paragraph 2 – 6, § 10, section 12, paragraph 6, section 13, paragraph 3, article 17, paragraph 1, section 18, section 21 h, paragraph 1 1. paragraph and paragraph 2, section 21 (j), (2), section 21 l, paragraph 6, section 21 m, paragraph 8, article 21 d, paragraph 8 and 9, § 21 v, § 24 h, paragraph 3, article 25, paragraph 2, and article 26, paragraph 2, in jernbaneloven exercised by public transport.

(2). Transport Minister's powers in the railway section 8 (a), paragraph 1, shall be exercised by public transport as regards the setting of rules and norms for installation, maintenance and operation of the railway infrastructure, including for infrastructure relative to the surroundings, for contract terms and for such conditions, which, incidentally, is of importance for rail infrastructure uniformity and certainty.

(3). Transport Minister's powers in the Railway Act § 21 p, (3), be exercised by public transport as regards the setting of rules on the reporting of data to the Traffic Agency on accidents, incidents and safety irregularities.

(4). Transport Minister's powers in the railway section 26, paragraph 1, concerning the fulfilment and application of Community acts is exercised by public transport as regards interoperability, safety, preparedness and rail security in the rail sector. Rules shall be laid down as ordinances.

(5). Technical specifications for interoperability (TSIs), as the Traffic Agency shall determine in accordance with the directives in the rail sector, can be implemented in Danish law by Provisions for rail (BJ).

Powers in accordance with the law on a City ring



§ 5. Traffic Agency carries out tasks according to section 15 of the law on a City ring on rail safety and build casework.

Powers in accordance with the law on aviation



§ 6. Transport Minister's powers in section 1 (a), section 2, paragraph 1 (c), article 3, paragraph 1, section 4, paragraphs 2 and 3, article 7, paragraph 3, § 9, § 13 (1) (b), section 16 (1) and (2), article 20, paragraph 3, article 21, paragraph 3, article 24, paragraph 1, section 26, paragraphs 1 and 2, section 30, section 31, paragraph 32 (2), section 34, section 35, paragraph 1, § 40 g, paragraphs 1-4, section 40 of the (3) section 50, paragraph 9, article 51, article 52, paragraphs 1 and 2, § 53, § 54, § 55, paragraphs 1 and 3, article 57, paragraph 2, no. 7-9, article 58, paragraph 2, article 59, article 60, paragraphs 1 and 3, § 62, paragraphs 1 and 2, article 63, paragraph 1, article 64, paragraph 2, section 65 (2) and (4), article 67, paragraph 1, article 68, paragraph 1, article 69, § 70, section 70 (a), paragraphs 1-4, section 70 (b), (4) and (5), section 71, paragraphs 1 to 4, section 73, § 74, § 75, paragraphs 1 and 2 and paragraphs 4 and 8, section 76, section 77, paragraph 3 section 81, 82, § § 82 a, paragraphs 1 and 2, article 83, paragraphs 1 and 2, article 85, paragraphs 1, 2 and 4, § 86, § 88, section 89 (a), paragraph 89 (b), paragraph 1, section 130, (2) and (3) section 130 (a), section 131, § 148, paragraphs 7-9, § 148 (a), (3) and (4) section 150 e (1) and (2), § 150 f, paragraphs 1 and 3, § 151, paragraphs 1 and 2 , article 153, paragraph 1, article 153 (a), paragraph 1, section 154 (1) section 155 (2) and § 156, paragraph 2, of the law on aviation as well as § 111 (1) of the annex to the law, exercised by public transport. Public transport also performs tasks conferred on the Agency of aviation law, and duties arising under EU regulations in the field of air transport.

(2). Minister's powers shall be exercised in the airline also § 3, paragraph 2, to temporarily restrict or prohibit access to aviation throughout the Kingdom of the Traffic Agency, if limitation or prohibition alone is due to reasons of flight safety.

(3). Air traffic agency may, in accordance with article 152, paragraph 2, entrust powers to other public authorities, private organisations or experts to decide which after aviation law or section 6 (1) of this Ordinance are conferred on the Traffic Agency, within the hobby characterized the flight, and where it must be considered for air traffic security securely.

(4). Administrative law's Cape. 2-7 and disclosure section 6 applies to private organizations and experts, in accordance with paragraph 3, gets assigned the competence thereof. Traffic Board may lay down rules on the storing of documents and on secrecy.

Powers upon the highway code



§ 7. Transport Minister's powers in section 28, paragraph 4, section 31, paragraph 2, article 32, paragraph 3, section 34 (1) and (2), section 35 (1) and (2) and (4), article 37, paragraph 7, article 43, paragraphs 8 and 9, § 50 (2) and (3), section 51, paragraph 8, section 55 a, paragraph 2, article 68, paragraph 69, section 70, paragraphs 3 and 4, section 70 (a), section 81 (a), article 82, paragraph 4, article 83, § 84 (1) section 85, paragraph 1, article 86, paragraph 2, section 88 (a) (1), section 124 (q) and § 139 (2) of the road traffic Act shall be exercised by public transport.

(2). The rules, as the Traffic Agency shall determine in accordance with the road traffic Act, section 68, paragraph 1, may be established as Retail prescriptions for vehicles (Dfc).

(3). The power to take decisions in cases involving traffic law may, in accordance with the Traffic Agency's determination shall be transferred to the police.

Powers after the highway code for Greenland



§ 8. Transport Minister's powers in section 2, paragraph 2, section 4, section 6, paragraph 2, article 7, paragraph 2, article 38, paragraph 4, section 40 (a), paragraph 2, and section 43 of the highway code for Greenland shall be exercised by public transport.

(2). The power to take decisions in cases relating to the highway code for Greenland may, in accordance with the Traffic Agency's determination shall be transferred to the police.

Powers in accordance with the law on energy labelling of energy-related products



§ 9. Transport Minister's powers in respect of motor vehicles in sections 17 to 20 of the Act on energy labelling of energy-related products, carried out by public transport.

Powers in accordance with the law on the approval and inspection of vehicles



§ 10. Transport Minister's powers in section 10 a of the Act on the approval and inspection of vehicles carried on by public transport. Public transport also performs tasks conferred on the Agency by the law on the approval and inspection of vehicles.

Powers in accordance with the law on transport companies



§ 11. Transport Minister's powers in section 2, paragraphs 4 and 5, § 4, § 6 (2) and (4), section 6 (a), paragraphs 5 and 6, section 7, paragraphs 2 and 3, § 8, § 10, section 12, paragraph 4, and sections 21-23 of the law on transport companies is exercised by public transport.

Powers in accordance with the law on the bus




§ 12. Transport Minister's powers in section 1, paragraph 2, section 2 (a), paragraph 2, article 12, paragraph 3, section 13 (a), (3), section 13 (b), paragraph 2, article 18, paragraphs 1 and 3, section 18 (a), section 18 (b), section 20, section 20 (a), (5) and section 22 (b), of the law on the bus carried out by public transport. Public transport also performs tasks conferred on the Agency by the law on bus and task resulting from Regulation No 40/94. 1071/2009 and Regulation No 40/94. 1073/2009.

Powers in accordance with the law on the carriage of goods



§ 13. Transport Minister's powers in section 1, paragraphs 1 and 2, § 2, § 3, paragraph 3, article 5, article 6, paragraph 4, section 6 (a), paragraph 4, article 6 b, paragraph 4, section 6 (c), section 8, paragraphs 2 to 4, § 9, § 10, section 11, paragraph 1, section 16 (b), paragraph 5, article 16 c, paragraph 16 (d) and section 17 (b) of the law on the carriage of goods shall be exercised by public transport. Public transport also performs tasks conferred on the Agency of the law on the carriage of goods and tasks resulting from Regulation No 40/94. 1071/2009 and Regulation No 40/94. 1072/2009.

Powers in accordance with the law on taxi services



§ 14. Transport Minister's powers in section 1, paragraphs 2 and 3, § 2, paragraph 1, § 3, paragraph 2, section 4, paragraph 4, article 5, paragraph 3, section 12 (1) and (2) and section 14 (a), of the law on taxi services is exercised by public transport. Public transport also performs tasks conferred on the Agency by the law on taxi services.

Powers after postal Act



§ 15. Transport Minister's powers after the postal Act is exercised by public transport.

Chapter 3 Certain regulations alone are promulgated on the Traffic Administration website requirements relating to rail



§ 16. Regulations concerning the international transport of dangerous goods by rail (RID regulations) of 1. January 2009 and subsequent amendments thereof, shall not be introduced in the Official Gazette referred to in article 6. § 21 v, paragraph 1, of the law on rail.

(2). The RID regulations and subsequent amendments thereto promulgated by publication in the Traffic Agency's website www.trafikstyrelsen.dk.

§ 17. Regulations and technical specifications issued by the Traffic Agency under section 8A (1) and § 21 h, paragraph 1, of the law on rail can be drawn up Provisions for rail (BJ).

(2). Referred to in paragraph 1, the requirements and technical specifications shall be drawn up as BJ'er, introduced not in the Official Gazette, but promulgated by publication in the Traffic Agency's website www.trafikstyrelsen.dk.

Regulations concerning aviation



§ 18. Regulations issued by the Traffic Agency pursuant to section 6 of this Ordinance, shall be drawn up as Civil Aviation rules (BL), see. However, paragraph 5.

(2). Civil Aviation rules be introduced not in the Official Gazette.

(3). The International Civil Aviation Organization technical instructions for the safe transport of dangerous goods by air is introduced not in the Official Gazette. The same applies to later changes in the technical instructions.

(4). In paragraphs 1 to 3, those regulations and technical instructions promulgated by publication in the Traffic Agency's website www.trafikstyrelsen.dk.

(5). Regulations, be determined in accordance with the Aviation Act § 40 g, paragraphs 1, 3 and 4, section 50, paragraph 9, section 70, section 70 (a), paragraphs 1-4, section 70 (b), paragraphs 1 to 5, article 76, section 85, section 130, § 130 (a) and section 131, may be issued as regulations introduced in the Official Gazette.

Chapter 4 complaints section 19. Without prejudice to the provisions of §§ 21-35 of this Ordinance, can decisions be appealed to the Secretary of State Agency's Traffic.

§ 20. Complain about the Traffic Agency's decisions under section 4, § 11 and § 21 of this order must be filed no later than 4 weeks after the decision complained of, is announced.

(2). Secretary of State can ignore the deadline, when circumstances justify it.

(3). Complaint to the Secretary of State does not have suspensory effect. Secretary of State or public transport can, however, when there are special circumstances, confer upon an appeal suspensory effect.

Redress in accordance with the law on rail



§ 21. The following decisions may not be referred to the Secretary of State, but can be appealed to the Tribunal: 1) Decisions as Rail Traffic Agency shall, in accordance with the Railway Act section 12, paragraph 6.

2) Decisions as Traffic Agency shall, in accordance with the Railway Act §§ 3, 4 and 4 (a), paragraph 2.

3) Decisions as Traffic Agency shall, in accordance with the Railway Act § 5, paragraph 1.

4) Decisions as Traffic Agency shall, in accordance with the Railway Act section 8 (a), paragraph 2.

5) Decisions as Traffic Agency shall, in accordance with the Railway Act § 21 in paragraph 1-3, § 21 j, paragraphs 1-3, § 21 k, paragraphs 1 to 6, § 21 l, paragraphs 2 to 5. Exceptions are decisions relating to persons performing security classified tools, possess the necessary medical and professional qualifications.

6) Decisions as public transport takes about injunctions and prohibition in the light of the Commission's investigations after the railway Accident § 21 r, paragraph 3, of the basic regulation. § 21 l.

§ 22. Decisions of public transport after the Railway Act section 18 and notices provided for thereunder, see. This order section 4, paragraph 1, may not be referred to the Secretary of State or other administrative authority.

§ 23. Decisions of public transport after the Railway Act § 21 d, paragraphs 8 and 9, and notices provided for thereunder, see. This order section 4 (1) can only be referred to the Secretary of State with regard to legal issues.

Redress in accordance with the law on a City ring



§ 24. Decisions of the Danish transport authority under section 15 of the law on a City ring can not be referred to the Secretary of State or other administrative authority.

Redress in accordance with the law on aviation



§ 25. Decisions of the Traffic Agency pursuant to section 6 of this Ordinance and in accordance with the air navigation Act, regulations established thereunder, Civil Aviation rules and EU regulations on air transport may not be referred to the Secretary of State or other administrative authority.

section 26. Decisions taken pursuant to section 6, paragraph 3, of this order can be appealed to the Traffic Agency.

Redress in accordance with traffic regulations



§ 27. Decisions of the Traffic Agency pursuant to section 7 of this Ordinance may not be referred to the Secretary of State or other administrative authority.

Redress in accordance with the highway code for Greenland



section 28. Decisions of the Traffic Agency pursuant to section 8 of this Ordinance may not be referred to the Secretary of State or other administrative authority.

Redress in accordance with the law on energy labelling of energy-related products



section 29. Decisions of the Traffic Agency pursuant to section 9 of this Ordinance may not be referred to the Secretary of State or other administrative authority.

Redress in accordance with the law on the approval and inspection of vehicles



section 30. Decisions of the Danish transport authority pursuant to section 10 of this Ordinance may not be referred to the Secretary of State or other administrative authority.

Redress in accordance with the law on transport companies



section 31. Decisions of the Danish transport authority under section 21 and section 22 of the law on transport companies can not be referred to the Secretary of State or other administrative authority.

Redress in accordance with the law on the bus



section 32. Decisions taken by the Agency in accordance with the law on bus Traffic, regulations set out in the implementation thereof, Regulation No 40/94. 1071/2009 and Regulation No 40/94. 1073/2009, can not be referred to the Secretary of State or other administrative authority.

Redress in accordance with the law on the carriage of goods



section 33. Decisions taken by the Agency in accordance with the law on the carriage of Traffic, the notices provided for in the implementation thereof, Regulation No 40/94. 1071/2009 and Regulation No 40/94. 1072/2009, can not be referred to the Secretary of State or other administrative authority.

Redress in accordance with the law on taxi services



§ 34. Decisions of the Traffic Agency in accordance with the law on taxi services and notices, as Traffic Agency has provided for thereunder, see. section 14 of this Ordinance, cannot be referred to the Secretary of State or other administrative authority.

Redress in accordance with the postal Act



section 35. Decisions of public transport after the postal Act and the regulations established thereunder, see. section 15 of this Ordinance, cannot be referred to the Secretary of State or other administrative authority.

Chapter 5 date of entry into force of § 36. The notice shall enter into force on the 1. September 2012.

(2). Executive Order No. 425 of 9. may 2012 about the Traffic Agency's tasks and powers, access to justice and the promulgation of certain of the Traffic Agency's regulations are repealed.

The Ministry of transport, the 29. August 2012 Henrik Dam Kristensen/Mikkel Sune Smith