Overview (table of contents)
Commercial and non-commercial carriage of passengers
Conditions for the grant of authorisation
The driver of the bus, used for commercial passenger transport
Control document for international occasional services
Approval of courses
Entry into force, etc.
The full text of the ordonnance on bus
Under section 1, paragraph 2, article 12, paragraph 3, section 13 (a), paragraph 3, section 14 (b), section 20, section 20 (a), paragraph 5, and section 22, paragraph 2, of the law on the bus, see. lovbekendtgørelse nr. 1087 of 8. September 2010, as amended by Act No. 471 of 18. May 2011 and law No. 610 of 18. June 2012, as well as section 83 and section 118, paragraphs 7 and 8, in the highway code, see. lovbekendtgørelse nr. 1047 of 24. October 2011, fixed: Chapter 1-commercial and non-commercial carriage § 1. The established within Danish territory and carries out commercial passenger transport by a Danish registered bus, must have permission to do so, according to buslovens § 1, paragraph 1.
(2). By bus means a motor vehicle designed to carry more than nine persons, including the driver. It does not deprive the motor vehicle on the character of the bus, to it in one of several versions are nedstolet to a maximum of 9 persons, the driver on board, for the purpose of furnishing for the transport of persons with reduced mobility.
(3). By permission in accordance with section 1, paragraph 1, for the purposes of Community authorisation according to buslovens § 1, paragraph 1, with the certified copies. The community authorization shall be issued shall be kept for the company and may not be used to drive. A certified true copy of the Community licence must be taken while driving and be presented to the supervisory authorities on request.
(4). The authorization may only be used to drive one vehicle at a time and only with a motor vehicle that the licence holder is a registered user of. Transport companies and other local communities, regional municipality of Bornholm and the municipalities can, however, perform regular services on the basis of a single authorisation.
(5). The permit is personal and may not be with or without motor vehicle transferred to others by renting, lending, leasing, sale, pledge, inheritance, vendor prosecution or similar.
§ 2. Traffic Agency acts as supervisory and monitoring authority and can obtain information from public authorities, as well as ask licence holder of information for the purposes of assessing compliance with the requirements of sections 12 and 13, buslovens this publication 2. Chapter as well as the European Parliament and of the Council Regulation (EC) No 1782/2003. 1071/2009 of 21. October 2009 on common rules concerning the conditions for the exercise of the occupation of road transport operator and repealing Council Directive 96/26/EC (Regulation (EC) no 1071/2009) articles 3 and 4, are consistently being met. If it is not documented, that the licence holder meets the requirements of the withdrawal of authorisation, according to buslovens § 14.
(2). The licence holder is obliged to submit the reports of the company's scale and exercise, as the Traffic Agency shall provide, either for statistical purposes or as part of the national or international control measures.
(3). At the hearing of the parties to the agreement pursuant to section 18 (a) buslovens, paragraph 1, should the information be treated as confidential, in accordance with article 3. management provisions of the Act to that effect.
-Free spectrum drive
§ 3. Municipal/regional or private institutions or botilbuds devices can permission freely carrying more people, if passengers are associated with the institution or botilbuds unit as patients, students, residents, employees or similar and possibly accompanying persons for the purposes of physical and psychological assistance or supervision, if the batch job is performed free of charge and does not represent the institution or botilbuds device's primary purpose.
(2). Nursing homes, senior centers or similar botilbuds units can permission freely carrying more people, if passengers associated with the nursing home, elderly centre or botilbuds device as residents, including elderly people living at home who are boarded for activities designed to maintain the person's physical and mental skills, as well as employees, possibly including accompanying persons for physical or psychological assistance or supervision, if the batch job is performed free of charge, and do not represent nursing home the Centre's or botilbuds, older unit's primary purpose.
Rental and lending of buses
§ 4. The who rent or lend a bus without drivers for the carriage of, must have permission to do so, see. buslovens § 1 (a). An authorisation shall be valid for the rental of one bus. The licence holder must continuously comply with the requirements arising from the buslovens sections 13 a and 13 b.
(2). Traffic Agency acts as supervisory and monitoring authority and can obtain information from public authorities, as well as ask licence holder of information for the purposes of assessing whether the requirements referred to in paragraph 1 are fulfilled. If it is not documented, that the licence holder meets the requirements of the withdrawal of authorisation, after buslovens section 14 (a).
(3). It cannot be demonstrated that the licence holder meets the requirements of section 9, paragraph 1, however, is that on the basis of the undertaking's financial situation justified prospect that requirements will be met, can lasting Traffic Agency in very special cases give a deadline for compliance. The time limit cannot exceed 1 year.
(4). Non-profit-making associations, clubs and similar associations, however, may charge permission freely lend buses to each other.
(5). If more nursing homes, senior centers or similar botilbuds units are registered as owners of a motor vehicle subject to section 1, paragraph 1, can carry those nursing home, elderly centres or botilbuds entities ' own residents as well as older people living at home who are boarded for activities at the nursing home, elderly centre or botilbuds device, which aims to maintain the person's physical and mental skills, be done without permission.
§ 5. Non-commercial drive is carried out pursuant to section 4, paragraph 4, must the driver while driving bring written declaration from the Traffic Agency about the existence of a credit relationship between non-profit-making associations, etc., the Declaration shall be produced whenever the police.
(2). The statement issued to the lender in respect of applications submitted to the Traffic Agency.
(3). The applicant for a declaration, shall submit any information as Traffic Agency requests for the purposes of assessing whether there is talk about loan relationship between non-profit-making associations, etc. Traffic Agency may require, including the presentation of information from public authorities.
§ 6. The established within Danish territory and authorized according to buslovens § 1, paragraph 1, can lend anyone with this employed driver to another consent holder established in Danish territory and authorized according to buslovens § 1, paragraph 1. There may only be granted for the payment of the loan directly associated costs.
(2). Licence holders must complete one of the Traffic Agency issued form, in which they state that the driver will receive collectively agreed remuneration, the applicable working conditions are followed and that the planned drive can legally be carried out by the driver after driving and rest rules. The form is available at the Traffic Agency's website.
(3). The Declaration shall be drawn up in duplicate, with one copy for each company. The company, which lends the driver shall keep the Declaration for at least 1 year after the loan. The Declaration must by corporate control submitted to the controlling authority.
Driver temporary employment company
§ 7. The established within Danish territory and driver driver temporary business by renting out commercial drivers must have approval to do so, see. buslovens § 9, paragraph 2. Approval must be given in the adherence to a permit for commercial passenger transport according to buslovens § 1, paragraph 1, or a permission issued in accordance with European Parliament and Council Regulation (EC) No 1782/2003. 1073/2009 of 21. October 2009 on common rules for access to the international market for coach and bus services and amending Regulation (EC) No 1782/2003. 561/2006 (Regulation No 1073/2009). The approval includes rental of the commercial carriage of passengers with the drivers in section 1, paragraph 1, such vehicles and for the carriage of goods with motor vehicle or combination of vehicles that exceed a total permissible laden weight of 3,500 kg.
(2). Approval can only be maintained as long as the licence holder is authorized for commercial passenger transport according to buslovens § 1, paragraph 1, or authorisation issued in accordance with Regulation No 2377/90. 1073/2009.
(3). Driver temporary employment undertaking shall the lessee in connection with the rental of a chauffeur extradite one of the Traffic Agency issued form the completed stand, so that the lessee can ensure that the planned drive can legally be performed by driver vikaren after driving and rest rules. The form is available at the Traffic Agency's website.
Chapter 2 conditions for the granting of an authorisation Application
§ 8. Application for permission for the commercial carriage of passengers in accordance with buslovens, § 1, paragraph 1, authorization for coach hire, approval as transport Manager and approval for operation by driver temporary activities submitted to the Traffic Agency.
(2). Application must be made by means of a special form, which can be found on the Traffic Administration website.
The demand for economy
§ 9. The applicant shall when applying for permits could prove to have up to two own cash or other values totalling at least 150,000 DKr. for application for additional permits be increased the amount of 40,000 KR. for every extra permission.
(2). An applicant with licence pursuant to buslovens § 1 (1) must, when application for approval to operate driver temporary business document to have own cash or other values of at least 200,000 kr in addition to the amount referred to in paragraph 1 for permissions. An applicant with a permit issued under Regulation No 40/94. 1073/2009 should prove to have cash or other values for a total of at least 200,000 kr.
(3). There may instead lodge a security with a minimum of Traffic Agency set amount and content of an insurance company or financial institution. Safety must be correspond to the requirements laid down in paragraph 1 to equity.
(4). A municipality or a municipal institution applying for permission, see. (1) approval for operation of the driver or temporary employment business shall lodge a security in accordance with the rule set out in paragraph 3.
(5). An application shall be refused if the applicant has overdue arrears to the public on 50,000 USD or more.
The requirement for professional qualifications
§ 10. An applicant is considered academically qualified to perform the commercial carriage of passengers according to buslovens § 1, paragraph 1, if that person 1) have permission to do commercial passenger transport according to buslovens § 1 (1), (2)) are approved as transport Manager by a coach company and is employed as such, or 3) within the last 10 years has implemented one of the Traffic Agency approved course and by a written test proven skills in the subjects specified in the annex to this order.
(2). An applicant may be exempted from the requirement referred to in paragraph 1, no. 3 course if it is established that the person over the past 5 years have had a position with broad features of an undertaking which operates passenger services. At the same time, it is a condition that the applicant made up one of the Traffic Agency approved test and thus demonstrate skills in the subjects listed in the annex to this order.
§ 11. An applicant is considered academically qualified to make coach hire without driver, if he or she meets the requirements referred to in section 10.
§ 12. An authorisation holder of a permit for the commercial carriage of passengers according to buslovens § 1, paragraph 1, or a permission issued in accordance with Regulation No 2377/90. 1073/2009 are considered academically qualified to operate driver temporary employment company, if he or she 1) within the last 10 years has implemented one of the Traffic Agency approved course and by a written test proven skills in the subjects listed in the annex to this notice, including temporary rental module, or 2) after 1. May 2000 has implemented one of the Traffic Agency approved course and by a written test proven skills in the subjects listed in the annex to this notice, including temporary rental module, and which has been and continues to be approved as transport Manager.
(2). The consent holder shall, however, only undergo and pass a traffic Agency approved temporary rental course module, if he or she 1) before 1. May 2000 were approved as consent holder or transport Manager and continues to be recognised as such, or 2) within the last 10 years has passed the in section 10, paragraph 2, referred to the test.
(3). A consent holder pursuant to Regulation No 40/94. 1073/2009 may satisfy the requirement referred to in paragraph 1 by documenting that he or she has completed a course that provides the knowledge of operation of driver temporary business.
As to good repute
§ 13. Traffic Agency obtains criminal record for public use and, where appropriate, transcript from the central criminal register for use in assessing the applicant's repute.
(2). The applicant must provide any information as Traffic Agency requests for the purposes of assessing whether the applicant will be able to drive the business on sound manner and in accordance with fair practice in the industry.
Chapter 3 the driver of the bus, used for commercial passenger transport § 14. The driver must have driving licences for commercial passenger transport and meet the law's requirements on the driver qualification card.
(2). The licence holder is obliged to ensure that its drivers consistently meets the law's requirements in accordance with paragraph 1.
§ 15. The driver must, in addition to answer individual questions regarding transport, not conversing with passengers while driving.
§ 16. The driver must as far as possible after each journey, but at least once a day inspect bus for forgotten items. Detected cases must, if they cannot be handed over to the person concerned, where appropriate through the bus station or the corporate office, as soon as delivered to the police. Have the licence holder, or the batch job is performed, an Office of detected cases, these can be kept in the Office for a period to be agreed with the police.
§ 17. Passengers who do not want to comply with the orders or instructions given pursuant to this Ordinance, may be expelled by the driver, the licence holder, staff employed by this or that the batch job is performed. The same applies to passengers who do not have or will obtain valid ticket or card, as well as passengers whose behaviour is significant inconvenience for other passengers.
Other drive than regular services
§ 18. When performing other services than regular services to at least 6 people, including the driver, take part in run-time event.
(2). Paragraph 1 shall not apply to the run-time events, which involved passengers who are wheelchair users.
Bus with smaller vehicles, etc.
§ 19. The rules in section 14 and sections 16-17 shall also apply for the purpose of commercial passenger transport by motor vehicles that are designed to carry no more than 9 persons, including the driver, and used for ordinary regular services.
(2). The motor vehicle referred to in paragraph 1 must comply with the specific requirements for the device, which is set for taxis.
(3). If the vehicle referred to in paragraph 1 is also to be used for taxi services, it must also meet the specific requirements of equipment for taxis.
(4). The rule set out in paragraph 3 shall apply mutatis mutandis to buses designed to carry up to 15 people, the driver on board, used for both other types of bus service than regular services and taxi services, see. the provisions of the law on taxi services, etc.
Chapter 4 Control document for international occasional services § 20. Control document (journey form), which, in accordance with provisions established by the European Union or international agreements should be taken when conducting international occasional services, as well as driving booklet shall be kept by the company at least 1 year. The deadline is considered control of the document concerned, from the execution of the trip for which the control document is valid, and for driving the booklet from the execution of the last trip, for which the driving booklet applies.
Protection of the driver and others involved in the international coach and bus services
§ 21. The who after buslovens section 20 (a), paragraphs 1 and 2, shall be liable for costs incurred by an officer or other sheep in connection with illness while driving abroad, providing the insured full reimbursement of expenses for 1) medical assistance, 2) prescribed by a doctor stay and treatment at general hospitals, including operations and ambulance transport, 3) prescription drugs, 4) extra costs of transport to the vehicle with fixed itinerary as a result of that the insured person has been delayed due to doctor ordered bed rest, 5) return journey, which declared the need of a physician, as well as 6) hjembringelse of a secured, who dies.
(2). To dental care in acute cases, be granted a refund with a maximum of DKK 500 in addition paid extra charges with a maximum of 500 DKK per day to extraordinary hotel stay, etc., where treatment after medical referral can be made at the hotel.
§ 22. The who after buslovens section 20 (a), paragraph 3, shall be liable for the costs of legal aid and similar expenditure that occurs during driving abroad, providing the insured full reimbursement of legal expenses and safety requirements to cover any claims for damages, as a foreign authority imposes as a condition for authorising the exit.
(2). In addition, paid extra charges with a maximum of 500 DKK per day to extraordinary hotel stay, etc., where the insured gets injunction not to leave the country pending trial against him, before the judgment is available, as well as extra costs of transport to the vehicle with fixed itinerary as a result of the insured person has been delayed as a result of the trial.
§ 23. The who after §§ 21 and 22 shall be liable for costs associated with the disease and to legal aid, etc., can meet it in buslovens section 20 (a), paragraph 4, contained demands for collateral by 1) drawing of an insurance policy with an insurance company that is subject to the legislation applicable at any time about the insurance company, 2) membership of an organization that, according to one of the Traffic Agency approved scheme guarantees for its members , or
3) establishment of a bank guarantee in an amount of 50,000 USD or by depositing in the bank or savings bank of securities to a market value of DKK 50,000 in total securities must meet the requirements in accordance with the legislation applicable at any time apply for the placing of their products on the market.
(2). When running within the Nordic countries as well as in local driving over the Danish-German border to and including a line Hamburg-Lübeck-Rostock applies the specified in paragraph 1, the requirement of collateral does not.
Chapter 5-approval of courses § 24. In section 10, paragraph 1, no. 3, and section 12 (1) and (2) the said courses and providers thereof shall be approved by the public transport, provided that the courses meet the content requirements set out in the annex to this order, and if the courses and tests are estimated to be able to execute on the comforting way.
(2). The courses must have a duration of at least 144 lessons. A lesson makes up 45 minutes.
(3). Course providers must know the final samples apply tasks prepared by public transport. The samples are presented using an electronic test reporting system. Representatives of public transport should be given access to witness the final samples.
(4). Approval of courses and providers may be withdrawn if the course provider grossly or repeatedly violated the terms of the approval.
§ 25. Training providers that are covered by section 24, to inform students about the Traffic Agency has approved course provider and its course. Course provider must make the information available to the student or to ensure that they will be notified this clear and unambiguous and in good time before conclusion of the contract about the course.
section 26. Traffic agency publishes its deadlines for dealing with approval of training providers and courses.
(2). Traffic Board may extend the period referred to in paragraph 1 once if the complexity of the case so warrant.
Public transport gives the applicant notice of the extension and for the duration thereof before the expiry of the deadline referred to in paragraph 1. The announcement of the extension must be justified.
§ 27. Traffic Board shall, as soon as possible, acknowledge receipt of an application for approval of a course provider and course. The receipt shall contain the following information: 1) the published deadline for the processing of that application and the possibility that the deadline can be extended once, see. section 26 (1) and (2), 2) information about the administrative means of redress for that decision.
Chapter 6 Exemption section 28. Danish transport authority may in exceptional cases grant exemption from the permit requirement for commercial passenger transport, see. buslovens § 1, paragraph 1.
section 29. Violation of section 1, paragraph 1, paragraph 3 3. paragraph, paragraphs 4 and 5, § 4, paragraph 1, article 5, paragraph 1, article 6, article 7, paragraphs 1 and 3, sections 14 and 15, section 18 and section 19, paragraphs 2 and 3 are 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.
Chapter 7 entry into force, etc.
section 30. The notice shall enter into force on the 1. July 2012.
(2). At the same time repealed Executive Order No. 1488 by 12. December 2007 on the bus.
The traffic Agency, 27. June 2012 Carley H/Niels Remmer
Annex 1 list of items to be included in the course, see. § 10 (1) (8). 3, and section 12, paragraph 1.
A. civil law
The applicant must, inter alia:
1. be familiar with the main types of contract used in road transport, and the resulting rights and obligations
2. be eligible to negotiate a contract of carriage, so that it will be legally valid, inter alia. with regard to transport conditions
3. be able to judge a complaint from adjudicating over injuries suffered by passengers or their baggage caused by an accident during transportation, or against damages resulting from delay, as well as be able to assess which follows this complaint gets for his contractual liability.
B. Commercial Law
The applicant must, inter alia:
1. be familiar with the conditions and formalities laid down for plying the trade, as well as know the trader's general obligations (registration, business books, etc.) as well as the consequences of bankruptcy;
2. have a reasonable knowledge of the different types of companies as well as the rules for their creation and operation.
C. labour and social legislation
The applicant must, inter alia:
1. be familiar with the relevant labour market institutions for the road transport sector role and function (trade unions, works councils, shop stewards, labour inspectors, etc.)
2. know the obligations of employers with respect to social security
3. be familiar with the rules applicable to employment contracts concluded with the various categories of workers in road transport undertakings (contract forms, the partners ' obligations, working conditions and working hours, paid leave, remuneration, termination of contract, etc.)
4. be familiar with the provisions relating to driving time, rest periods and working time, particularly in Regulation (EEC) No 2377/90. 3821/85, Regulation (EC) No 1782/2003. 561/2006, European Parliament and Council Directive 2002/15/Ec1) and Directive 2006/22/EC, and the practical implementing rules for the application of these provisions
5. be familiar with the provisions relating to the initial qualification and periodic training of professional drivers, in particular those laid down by the European Parliament and Council Directive 2003/59/EC 2)
D. Tax Legislation
The applicant must, inter alia, know the provisions relating to:
1. VAT on transport services
2. vehicle taxes
3. taxes on certain vehicles used for the carriage of goods by road, as well as the user charges levied by the use of certain infrastructures
4. income tax.
E. Commercial and financial business management
The applicant must, inter alia:
1. know the rules and the practical procedures for the use of cheques, bills of Exchange, promissory notes, credit cards and other payment instruments or-ways
2. be familiar with the various forms of credit (bank credit, documentary credit, guarantees, equity real estate, leasing, renting, factoring, etc.) and the burdens and obligations they entail
3. know what a balance sheet is, how it looks, and how it is interpreted
4. be able to read and interpret a profit and loss account
5. be able to make an analysis of the company's financial and profitability situation, inter alia. on the basis of financial ratios
6. be able to put a budget
7. be familiar with the various components of the company's cost (fixed costs, variable costs, working capital, depreciation, etc.) and could perform calculations per vehicle, per kilometre travelled, per journey or per tonne
8. be able to draw up a schematic representation of the entire staff organization within the company, organise work plans, etc.
9. be familiar with the principles of marketing, advertising and public relations, including transport services, sales promotion and the preparation of customer files, etc.
10. be familiar with the different types of insurance that are characteristic of road transport (liability, accidental injury/insurance/life insurance, property insurance and baggage insurance) as well as the guarantees and obligations they entail
11. be familiar with the different kinds of use of electronic data transmission in road transport
12. be able to apply the rules governing fares and pricing in public and private passenger transport
13. be able to apply the rules governing the invoicing of road passenger transport services.
F. access to the market
The applicant must, inter alia:
1. be familiar with the professional rules for road transport for hire or reward, for rental of commercial vehicles, subcontracting, including rules governing the official organisation of the occupation, access to it, permits for road transport within and outside the territory of the community as well as the rules concerning the control and sanctions
2. know the modalities for the establishment of a road transport undertaking;
3. be familiar with the various documents required for execution of road transport services and be able to introduce control methods to ensure that both in the company's premises in the vehicles are the regulated documents relating to each transport operation, carried out, inter alia, documents relating to the vehicles, the driver, freight or passenger baggage
4. know the rules for the organisation of the market for coach and bus services
5. know the rules for the establishment of bus routes and be able to draw up transport plans.
G. Technical standards and technical aspects of operation
The applicant must, inter alia:
1. know the rules for vehicle weight and dimensions in Member States as well as the procedures for the special transports that do not qualify under these rules
2. depending on your business needs to be able to choose appropriate vehicles and related components (chassis, engine, transmission system, braking system, etc.)
3. know the formalities for approval, registration and inspection of these vehicles
4. be able to assess the measures to be taken for noise control as well as to combat air pollution caused by emissions from motor vehicles
5. be able to draw up periodic maintenance plans for the vehicles and their equipment.
H. Road Safety
The applicant must, inter alia:
1. know what qualifications are required for drivers (driving licence, medical certificates, certificates, etc.)
2. be able to take the necessary steps to ensure that drivers comply with traffic rules, prohibitions and restrictions in force in different Member States (speed limits, forkørselsrettigheder, rules for stopping and parking lamp on the market, road signs, etc.)
3. be able to draw up instructions for the drivers on the inspection of safety requirements concerning the condition of the vehicles, equipment and cargo and, on the other hand, concerning preventive behaviour
4. be able to introduce rules for how one should behave in case of an accident, and take the necessary measures in order to avoid repeated accidents or serious infringements of the rules of the road
5. be able to implement procedures for safe fastening of the cargo and know the techniques therefor
6. have general knowledge of the road network in the Member States.
I. Driver Temporary Employment Company
The applicant must, inter alia:
1. know the operation of temporary business, including special driver permission requirement, market access and employers ' responsibilities
2. know the employment litigation legislation and occupational health and safety legislation
3. know the workers ' compensation insurance, sickness and legal assistance as well as the collective conditions for bus and truck drivers.
J. Coach Hire
The applicant must, inter alia:
1. know the regulatory requirements to the company in connection with coach hire without driver
2. know the legal requirements for drivers who rent buses
3. know the legal requirements for the kind of drive that must be performed with the rented bus.
K. Negotiation Skills
Applicants must, inter alia:
1. know the difference between negotiation and sales/purchases, be able to assess how the successful negotiation situation ' win/win ' situation occurs
2. to prepare, plan and implement the various negotiating phases
3. know the strategy and tactics as well as the psychological factors in the negotiating game
4. be aware of the characteristics of the good dealer and identification of the counterparty's motives and objectives
5. could make economic considerations and aspects and assess their consequences.
L. Road Safety Management
Applicants must, inter alia:
1. be able to draw up objectives and road safety policy
2. be able to draw up the registration systems that illuminate the frequency, nature and cause of the accident
3. be able to draw up a plan for how the employees involved and informed about the company's safety policy
4. be able to introduce systems for the measurement of fuel consumption
5. be informed of the contents of a driver's Handbook, inter alia. with description of driver behavior and be able to describe how the Handbook maintained and enforced
6. be familiar with certification schemes on road safety.
Official notes 1) European Parliament and Council Directive 2002/15/EC of 11. March 2002 on the organisation of the working time of persons performing mobile road transport activities (Official Journal of the European Union 2002 nr. L 80, p. 35).
2) European Parliament and Council Directive 2003/59/EC of 15. July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers by road, and amending Council Regulation (EEC) No 2377/90. 38/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC (Official Journal of the European Union 2003 nr. L 226, pp. 4-17).