Ordinance To The Law On Road Haulage

Original Language Title: Bekendtgørelse af lov om godskørsel

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Ordinance to the law on godskørsel1)

Hereby promulgated law on the carriage of goods, without prejudice. lovbekendtgørelse nr. 1086 by 8. September 2010, with the changes imposed by section 44 of law No. 718 of 25. June 2010, § 1 of lov nr. 471 of 18. May 2011, § 1 of lov nr. 166 of 28. February 2012, § 1 of lov nr. 167 of 28. February 2012, § 1 of lov nr. 610 of 18. June 2012 and § 1 of lov nr. 611 of 18. June 2012.

Law area, etc.



§ 1. The established within Danish territory and performing road haulage for hire or reward with Danish registered motor vehicle or combination of vehicles exceeds one of the transport set weight limit, must have permission to do so. Community licence issued pursuant to article 4 of the European Parliament and Council Regulation (EC) No 1782/2003. 1072/2009 on common rules for access to the international road haulage market (Regulation (EC) no 1072/2009) gives the right to carry out national transport operations. Permit is issued with validity of up to ten years.

(2). Without prejudice to the provisions laid down by The European Union, international agreement or provisions provided by the Transport Minister, requires execution of road haulage by motor vehicle, or vehicle combination, special permission when running 1) over the country's border or 2) on Danish territory by an undertaking established abroad.

(3). By road haulage for hire or reward by means operating a motor vehicle, or vehicle combination, which for a fee of any kind transported goods that do not belong to or are associated with vehicle use in the manner referred to in paragraph 4.

(4). By corporate services ' means operating a motor vehicle or combination of vehicles, thereby only transported goods belonging to it, which is registered as a user of the vehicle, or the cargo as this tenant, landlord, borrower, lender or have in his possession for the purpose of buying, selling, manufacturing, processing, processing or repair. The batch job can also be carried out with a vehicle or combination of vehicles hired without drivers. Goods batch job, which only has to be a help function in relation to the company's overall activities, must be performed by a driver employed by this or, in the case of drive in this country, of a driver employed by the consent holder, pursuant to section 6 (a), paragraph 2, is approved for commercial lease drivers.

§ 2. The Transport Minister may lay down rules to the effect that certain types of vehicle or categories of road haulage is exempt from the permit requirement.

(2). The Transport Minister may lay down rules with a view to the application or implementation of EU rules on the carriage of goods in motor vehicles and the working time of self-employed drivers as well as similar agreements with other countries.

(3). Secretary of State may, in respect of all kinds of business, whose activities include road transport, loading and unloading of dangerous goods, lay down rules for the designation of security advisors, including rules on security tasks and training requirements as well as Advisor for the payment for the holding of trials relating to such persons ' knowledge and skills.

Conditions for the grant of authorisation



§ 3. Authorized pursuant to section 1, paragraph 1, may be issued a resident company in the country here, in addition to fulfilling the requirements of article 3 of the European Parliament and 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), 1) is not under reconstruction or bankruptcy, 2) does not have significant overdue debts to the public, which shall mean amounts in the range of DKK 50000 or more and 3) does it assume that the company will be able to exercise safely and in accordance with fair practice in the industry.

(2). That may, under the conditions referred to in paragraph 1 shall be communicated to the permission for here in the country resident associations, foundations and other self-governing institutions. There may also be communicated to permission to public authorities and companies.

(3). Branches of foreign companies, etc. of the referred to in paragraphs 1 and 2 may be granted permission, where this species is provided for by the international agreement or by provisions laid down by the Transport Minister.

(4). When assessing whether a company that operated in the legal form, satisfies the conditions laid down in paragraph 1, no. 3, may contain information that the members of the Board of directors or the Executive Board or other persons with significant interests in the company within the last 5 years 1) has been refused approval as a transport Manager or has been revoked a permit as the transport manager of an undertaking with a permit under this Act, the Act on bus service, law on taxi services or regulations established thereunder or 2) has been approved as a transport Manager or have had substantial interests in a freight- or road passenger transport company a) have been denied issuance of or has been revoked a permit pursuant to the provisions of this law, the Act on bus service, law on taxi services or regulations established thereunder, (b)) in connection with the execution of road haulage firm grossly or repeatedly violated the provisions referred to in article 12, paragraph 1, no. 1 (a) to (h), or (c)) has or has had financial difficulties, which may be attributed to the fact that the person concerned has been responsible for.

§ 4. The company must have an approved transport Manager, in addition to fulfilling the requirements of article 4 of Regulation No 40/94. 1071/2009, 1) is competent and not under guardianship after the Guardianship Act section 5 or under samværgemål after the Guardianship Act § 7, 2) is not under reconstruction or bankruptcy, 3) does not have significant overdue debts to the public, which shall mean amounts in the range of DKK 50000 or more 4) not have been convicted of criminal offence, justifying a nearby danger for abuse of access to perform the haulage company without prejudice to article. Penal Code section 78, paragraph 2, and 5) make it admissible, that he or she will be able to exercise the company on sound manner and in accordance with fair practice in the industry.

§ 5. The Transport Minister may lay down rules concerning the applications content, including about what economic or professional requirements that must be met.

Content of the permit, pay and working conditions, etc.



§ 6. Permits under this Act must be carried in the vehicle while driving, including abroad.

(2). The authorisation shall be utilized by the company that has achieved this, and it can neither totally or partially transferred to other.

(3). The holder of a permit shall follow the provisions on wage and working conditions for drivers, which can be found in the relevant collective agreements.

(4). The consent holder shall, upon an order of the Secretary of State to submit evidence that the company follows the provisions on wage and working conditions for drivers, which can be found in the relevant collective agreements.

Execution of road haulage for hire or reward



§ 6 a. road haulage for hire or reward carried out with a permit issued under section 1, paragraph 1, may only be carried out by 1) the licence holder or a chauffeur employed by this, 2) a driver employed by a second consent holder, with only may be granted for the payment of the loan directly associated costs, or 3) a driver employed by the consent holder, in accordance with paragraph 2 are approved for commercial lease drivers.

(2). It can in adherence to a permit for road haulage for hire or reward referred to in article 6. section 1, paragraph 1, or a permission issued within the European economic area, is hereby approved holder commercial landlord drivers. The approval also includes rental of drivers for the execution of the commercial carriage of passengers.

(3). For approval in accordance with paragraph 2, the provisions on the grant, renewal, revocation and lapse of authorizations pursuant to § 1 (1) shall apply mutatis mutandis.

(4). The Transport Minister may lay down rules on the communication of approval in accordance with paragraph 2.

Agreement Board



section 6 (b). The social partners can create a collective Board consists of 5 members. The Board's President, there must be a high court judge, appointed by the President of the Court of Labour. 2 members appointed by the Danish Occupation and employer DI respectively, and 2 members appointed by the Professional Associations. The members are appointed for a 4-year period.

(2). For the President and the other members is hereby appointed an alternate member in accordance with the rules laid down in paragraph 1.

(3). The Board is supplemented with a representative from the employers ' and employees ' page from other relevant agreement parties in dealing with cases involving agreements concluded by them.

(4). The Committee shall draw up rules of procedure approved by the Secretary of State.

(5). The Committee shall deliver an opinion as to whether the provisions concerning wages and working conditions for drivers in the respective collective agreements are followed in the in clause 6 (c), paragraph 2, referred to cases.





§ 6 c. Transport Secretary hears agreement parties to assess whether the consent holder is in compliance with article 6, paragraph 3.

(2). In cases where one of the parties or both Convention parties agreement states that the provisions concerning wages and working conditions for drivers in the respective collective agreements are not followed, hear Secretary of accord Committee.

Vejtransportrådet, delegation, appeals, etc.
§ 7. Vejtransportrådet consists of 11 members appointed by the Secretary of State. 10 members appointed upon a proposal from the employers ' Association for transport and logistics, Danish Occupation, Danish Business employer, Danish transport and logistics, Danske Busvognmænd, Danish freight forwarders, DI, DI transport, Professional Associations and International transport Denmark.

(2). Secretary of State shall appoint from among the members of the Council the President, who must have legal or economic education.

(3). For the President and the other members is hereby appointed an alternate member in accordance with the rules laid down in paragraphs 1 and 2.

(4). The Council is discussing General and overarching issues in the field of transport and makes recommendations to the Secretary on the regulation of the framework conditions for the transport industry.

§ 8. The Transport Minister may authorize governmental authorities under the Ministry of Transport to exercise powers in accordance with Regulation No 2377/90. 1071/2009, Regulation No 40/94. 1072/2009 and this law or regulations issued thereunder.

(2). The Transport Minister may lay down rules on access to complain about decisions to be adopted pursuant to Regulation No 40/94. 1071/2009, Regulation No 40/94. 1072/2009 and this law or regulations issued thereunder, including the fact that decisions must be appealed within a specified time limit, or that decisions cannot be appealed.

(3). The Transport Minister may lay down rules governing the exercise of the haulage company.

(4). Secretary of State shall lay down procedures for international permits issued pursuant to section 1, paragraph 2, no. 1. Marking of vehicles



§ 9. The Transport Minister may lay down rules on the marking for vehicles used for the carriage of goods.

Fee



§ 10. The Transport Minister may lay down rules on fee for processing applications and for the issue of authorisation and authentication as well as for the extradition of the marking plate and for the issue of proof of notification under section 11. The Secretary of State may also establish rules on the fee for the issuance of evidence of formal qualifications for drivers.

Corporate drive



§ 11. A motor vehicle or combination of vehicles having a permissible maximum weight exceeding one of the transport set weight limit must, if it is used for business driving, notification of the Customs and tax administration, unless the user has the permission in accordance with section 1, paragraph 1. Secretary of State can, after negotiation with the tax Minister lay down rules to that effect.

(2). Proof of registration of the vehicle in question pursuant to paragraph 1 must be taken while driving.

Revocation of permissions, etc.



§ 12. A permit issued pursuant to section 1, paragraph 1, in addition to those in article 13 of Regulation No 2371/2002. 1071/2009 referred cases are withdrawn if the holder 1) likely no longer to satisfy the conditions set out in § 3 (1) (8). 3, as a result of that, in connection with the performance of acquired grossly or repeatedly violated the provisions of this Act or regulations) issued in implementation thereof, (b)) traffic legislation concerning speed, driving without a license, vehicle interiors, fittings and accessories, the placing of the goods, the transport of dangerous goods, vehicle maximum permissible laden weight and driving and rest periods, c) European Parliament and Council Regulation (EC) No 1782/2003. 561/2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulation (EEC) No 2377/90. 3821/85 and (EC) No 1782/2003. 2135/98 and repealing Council Regulation (EEC) No 2377/90. 3820/85, Council Regulation (EEC) No 2377/90. 3821/85 on recording equipment in road transport, as amended and the European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR), d) law on euphoriant substances or drug trafficking, e) environmental legislation for the protection of soil and ground and surface water and on the generation, storage, treatment or disposal of waste, f) tax law, g) law on the protection of animals during transport or h) legislation on human trafficking or trafficking in human beings or 2) has substantial overdue debts to the public , which shall mean amounts amounting to 100,000 DKK and more.

(2). A permit issued under section 1 (1) may be withdrawn, if a driver or another who acts in the holder's interest, in connection with the performance of the duties of the repeatedly grossly violated the provisions covered by paragraph 1, nr. 1, and as a result, it must be assumed that the holder no longer fulfils the conditions set out in § 3 (1) (8). 3. The provisions of paragraph 3. An approval as transport manager of an undertaking, within the meaning of. section 4, may be revoked under referred to in paragraph 1, no. 1 and 2, under the conditions laid down.

(4). A permit issued pursuant to section 1, paragraph 1, or an approval as transport manager of an undertaking may, in cases not covered by paragraph 1 or 2, shall be revoked if the conditions for the granting of an authorisation or an authorisation is no longer present.

(5). A permit issued pursuant to section 1, paragraph 2, no. 1, may be withdrawn if the holder grossly or repeatedly violated the terms of the permit, or if a driver or another, acting in the company's interest, gross has repeatedly violated the terms of the authorization.

(6). A permit issued pursuant to section 1, paragraph 2, no. 1, be withdrawn, if the company's permit issued under section 1, paragraph 1, shall be revoked in accordance with paragraphs 1 to 4, or article 13 of Regulation No 40/94. 1071/2009 or denied renewed, due to the company or the transport Manager no longer satisfies the conditions laid down in paragraph 3, respectively, § 4.

§ 12 a. In dealing with the cases of revocation of an authorisation for road haulage for hire or reward, the competent authorities may, where necessary, disclose information about violations of the provisions covered by article 12, paragraph 1, no. 1, as a driver or another who acts in the holder's interest, has been committed in connection with the execution of his Office.

§ 13. A decision on the withdrawal in accordance with article 13 of Regulation No 40/94. 1071/2009 this article 12 may be required or brought before the courts. Request for referral of a decision in accordance with article 13 of the basic regulation. Article 3, paragraph 1, point (a), (c) and (d), or article 12 (1) (8). 2, article 12, paragraph 3, of the basic regulation. (1). 2, article 12, paragraph 4, or article 12, paragraph 5, shall, within 4 weeks after the decision is communicated to the holder of the authorization or approval, shall be made in the face of public transport, which brings an action against the person concerned in the civil procedure forms. A decision on the withdrawal in accordance with article 13 of the basic regulation. Article 3, paragraph 1 (b), or section 12, paragraph 1, no. 1. Article 12, paragraph 2, or article 12, paragraph 3, of the basic regulation. (1). 1, shall, at the request of the holder of the consent or authorisation be brought before the courts by the prosecution in accordance with the procedure laid down in the criminal code, section 78, paragraph 3, and case are dealt with in these cases in the code of criminal procedure forms.

(2). The provisions of paragraph 1 1. and 2. paragraph shall apply mutatis mutandis for the decision that a licence cannot be renewed, due to the company no longer meets the conditions laid down in § 3 (1) (8). 2 or 3, or the transport Manager no longer satisfies the conditions laid down in § 4, no. 3 or 5. The provisions of paragraph 1 1. and (3). paragraph shall apply mutatis mutandis for the decision that a licence cannot be renewed, due to the company or the transport Manager no longer satisfies the conditions laid down in article 3, paragraph 1 (b).

(3). Request for proceedings relating to revocation or refusal of renewal according to the provisions of article 13 of the basic regulation. Article 3, paragraph 1, point (a), (c) and (d), and article 12, paragraph 1, no. 2, article 12, paragraph 3, of the basic regulation. (1). 2, section 13, paragraph 2, of the basic regulation. § 3 (1) (8). 2, and section 13, paragraph 2, of the basic regulation. § 4, no. 3, do not have suspensive effect, but the Court may by order direct that the person concerned during the proceedings must have access to the company, consent or authorisation relates. Appeal a judgment whereby the withdrawal does not exist legally, the Court which has handed down the judgment, or the Court, to which the matter is referred to it, determine that the haulage company must not be exercised during the appeal proceedings.

(4). Request for proceedings relating to revocation or refusal of renewal according to the provisions of article 13 of the basic regulation. Article 3, paragraph 1, point (b), and article 12, paragraph 1, no. 1. Article 12, paragraph 2, article 12, paragraph 3, of the basic regulation. (1). 1. Article 12, paragraph 4, article 12, paragraph 5, section 13, paragraph 2, of the basic regulation. § 3 (1) (8). 3, and section 13, paragraph 2, of the basic regulation. § 4, no. 5, have suspensory effect, but the Court may by order direct that the person concerned during the proceedings must not be allowed to carry on the business, consent or authorisation relates. If the revocation is found valid by the judgment, it can be determined that this appeal does not have suspensory effect.

(5). A withdrawal in accordance with article 13 or article 12 may, at any time after the application is repealed by the authority which has taken the decision to withdraw. An application can only be submitted with a 1-year intervals. If the application is refused, the applicant may require the decision tried by the courts, if that is the course of at least 5 years after the recall and at least 2 years after the repeal was last refused by DOM. (1), (2). paragraph shall apply mutatis mutandis.

§ 14. (Repealed) § 15. An authorization is revoked, without prejudice. § 12, along with a in accordance with § 9 handed bump sign immediately shall be returned to the authority which issued the authorization.
§ 16. Police can detain a motor vehicle, which haulage is carried out in violation of the law, regulations issued thereunder or EU rules on the carriage of goods in motor vehicles.

(2). Detention can take place until conditions are brought into conformity with the provisions referred to in paragraph 1. Detention can also happen if it is necessary to secure a claim for payment of the fine and court costs or to ensure confiscation, including value confiscation, however, only until the said amount has been paid or secured for this purpose. If this does not happen within 2 months after the final decision may be sought satisfaction in the motor vehicle. Detention cannot happen if the previous availability of the motor vehicle when the infringement took place, was unjustified in possession of this.

(3). Civil Code provisions on seizure with a view to confiscation shall apply mutatis mutandis.

section 16 (a). The police can carry out search of the vehicle in accordance with the rules of civil procedure act on the search made in matters which under the law can result in imprisonment.

Liability at international drive



section 16 (b). The registered owner or user of a motor vehicle with a gross vehicle weight of 3500 kg or more shall be liable to the driver of the vehicle and other people associated with his company and after the request participates in and contributes to the implementation of transport, for expenses that occur during driving abroad for treatment, etc. abroad and repatriated in connection with disease.

(2). Paragraph 1 shall not apply if the person concerned at the time of his recruitment is guilty of conspiracy of the disease, this is self-inflicted or expenditure incurred after 1) legislation on workers ' compensation insurance, 2) legislation on public health insurance, 3) the provisions of European Parliament and Council Regulation (EC) No 1782/2003. 883/2004 on the coordination of social security systems or 4) the provisions of the international agreements on social security.

(3). Paragraph 1 shall apply mutatis mutandis to the costs of legal aid and similar expenditure that occurs during driving abroad in the event of conflicts with foreign authorities as a result of acts or omissions which have a natural connection with transport execution.

(4). The person who is liable under paragraph 1, without prejudice to article. paragraphs 2 and 3, shall lodge a security for the fulfilment of its obligations, if any, previously a vehicle runs out of the country.

(5). Secretary of State shall lay down detailed rules on liability, including whether its scope in accordance with paragraph 1, without prejudice to article. paragraphs 2 and 3, and of the security referred to in paragraph 4. The Transport Minister may lay down rules on the waiver when running within specified areas.

Education and training of drivers



§ 16 (c). Transportation Secretary can authorize other public authorities or private bodies or firms to deal with the Administration and take decisions in accordance with the rules laid down for the implementation of the European Communities directive on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers by road. The Transport Minister may lay down rules for the authorisation of such authorities, organisations or companies, and moreover lay down rules for their activities in connection with the administration of these tasks.

§ 16 d. Transport Minister may lay down rules on the qualification requirements to the master of the motor vehicles covered by this law.

Criminal provisions, etc.



§ 17. Unless a higher penalty is inflicted for other legislation, is punishable by a fine anyone who 1) violate section 1, paragraphs 1 and 2, article 6, paragraphs 1 to 3, section 6 (a), paragraph 1, section 11, section 15 or section 16 (b) (4) 2) violates the conditions set out in a permit or approval in accordance with the Act or regulations issued pursuant to the Act, 3) violates the provisions contained in the official regulations on road haulage or 4) commercial landlord drivers without being authorised to do so pursuant to section 6 (a), paragraph 2.

(2). In the regulations, to be laid down pursuant to the law, can be fixed penalty of fines for violation of the provisions of the legislation.

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

(4). There can by measurement of penalty for violation of this law and for violation of EU rules on matters covered by this law, the emphasis is on what economic gains that have been achieved or tried obtained by the breach in question.

§ 17 a. by special grove or repeated infringements of road haulage legislation can be the confiscation of the vehicle used in the infringement, if it is deemed necessary in order to prevent further violations of the law, and if the confiscation is not unreasonable.

(2). Moreover, applies to civil criminal law rules on confiscation.

§ 17 b. Secretary of State may impose a penalty payment to the weekly, who fail to submit documentation for injunctive relief under section 6, paragraph 4.

Date of entry into force and transitional provisions



§ 18. The law shall enter into force on the 1. January 1989.

(2). At the same time repealed Act No. 293 of 23. May 1973 on the carriage of goods in motor vehicles.

(3). (Omitted)

(4). Rules adopted pursuant to sections 5, 8, paragraph 1, and 21 of law No. 293 of 23. May 1973 shall remain in force until they are repealed. Violation of these rules is punishable by a fine. section 17, paragraph 3, shall apply mutatis mutandis.

§ 19. The law does not apply to the Faroe Islands and Greenland.

Act No. 471 of 18. May 2011 on amendments to the law on road haulage and act on bus (Legislation relating to the European Union's road transport package) concerning section 3, section 4, section 5, section 6 (a), paragraphs 1, 2 and 3, section 8, paragraph 1, article 11, paragraph 1, § 12, § 13, § 14, § 15, § 16 (b), (2). 3, § 17 (1) (8). 1, of the basic regulation. amending section 1. The amending Act contains the following provision: entry into force

§ 3 the law shall enter into force on 4 February. December 2011.

Act No. 166 of 28. February 2012 on amendments to the law on road haulage and law on the bus (the working time of self-employed drivers) concerning article 2, paragraph 2, of the basic regulation. amending section 1. The amending Act contains the following provision: entry into force

§ 3 the law shall enter into force on the 1. March 2012.

Act No. 167 of 28. February 2012 on amendments to the law on road haulage and law on the bus (the fine increases) concerning article 17, paragraph 4, of the basic regulation. amending section 1. The amending Act contains the following provision: entry into force

§ 3 the law shall enter into force on the 1. March 2012.

Act No. 610 of 18. June 2012 on amendments to the law on road haulage and act on bus (Simplification of licensing requirements for freight and passenger transport operators, control over wages and working conditions for drivers, changing the composition and tasks of the Vejtransportrådets, the option of withholding of motor vehicles, etc.), relating to article 1, paragraphs 1, 2 and 4, article 6, paragraphs 1, 2 and 4, article 7, paragraphs 1 and 4, section 8, section 11, paragraph 1 , 1. section, § 15, § 16, § 16 (b), paragraph 1, article 17, paragraph 1, no. 1, section 17 (b) of the basic regulation. amending section 1. The law contains the following amendments for entry into force and transitional provisions:

§ 3 paragraph 1. The law shall enter into force on the 1. July 2012, see. However, paragraph 2.

(2). section 16 of the law on the carriage of goods as amended by this Act, section 1, no. 14, and section 17 (a) of the law on the bus as inserted by section 2 of this Act, no. 7, shall enter into force on the day after publication in the Official Gazette.

(3). Permits for road haulage for hire or reward and permits for commercial passenger transport, which are issued before the entry into force of this Act shall remain valid until the expiry date of validity expires.

The Ministry of transport, the 12. November 2012 Henrik Dam Kristensen/Carsten Falk Hansen Official notes 1) Act contains provisions implementing parts of a 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 Communities 2003 nr. L 226, pp. 4-17).

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