Advanced Search

The Law Of Ylikuormamaksusta

Original Language Title: Laki ylikuormamaksusta

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Law on overloading

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

ARTICLE 1
Scope

Carriage of the overload in the vehicle or its trailer for the carriage of goods in a motor vehicle or its trailer (267/81) Or in the case of the Province of Åland, which is equivalent to the overloading charge payable to the State under this law. (22/09/98)

This law shall not apply to the carriage of a tractor other than the transport market and its trailer where the question is: (722/66) Article 17a Intended transport. (15.3.1996/170)

The overcharging shall be imposed only on the kind of overload that the traffic controller determines immediately during transport.

L motor vehicle tax 722/1966 Has been repealed by the vehicle tax L 1281/2003 .

ARTICLE 2
Obliliable for payment

The congestion charge shall be payable by the owner of the vehicle used for the carriage at the time of the overload. If the overload is in the vehicle combination, the overload charge shall be imposed on the owner of the towing vehicle. However, if the vehicle is in another permanent control, the payment shall be made by the holder.

The payment may be made according to the information in the vehicle register, unless the information on the register is shown to be incorrect. (15.3.1996/170)

The charge shall be payable by the provider of the transport undertaking if the inaccurate information on the weight or volume of the load which he or she has declared in the waybill or otherwise provided has resulted in the production of the load.

ARTICLE 3
Extraction of payment obligations

The charge shall not be imposed if it is likely that the carrier may be liable for the unauthorized use of the vehicle in the event of overloading.

§ 4 (15.3.1996/170)
The basis for payment

The overcharging shall be imposed on the total permissible mass of the vehicle or combination of vehicles or the mass exceeding the permissible axle or the vehicle, in so far as the excess exceeds 5 % of the total permissible mass, or More than 10 % of the permissible axle or the mass of the tel.

In the case of a combination of vehicles, a fee shall be imposed either on the basis of the aggregate mass of the total mass of the total permissible mass or the total mass of the total mass of vehicles in combination, whichever is the greater.

If the total number of overshootings taken into account in the axle or the masses in the masses is greater than the amount to be taken into account, the excess charge shall be determined on the basis of the total amount of the excess charge.

When, on the basis of a special permit, the carriage permits larger masses on the road in general, the excess charge shall be imposed on the axle or the mass of the total mass or total mass of the mass, in which the mass exceeds the permit, The corresponding mass.

§ 5 (9.11.2001/970)
Level of payment

The overloading fee shall be EUR 10 per 100 kg per 100 kg calculated in accordance with Article 4. However, each 100 kg exceeding 2 000 kg is a fee of eur 30 and eur 40 per 100 kg above each of the 4 000 kg.

ARTICLE 6
Overload Detection

The overload shall be determined by weighing the axle and the masses in the masses or whole mass. The overload may also be ascertained by calculation of the load on the basis of volume, cargo manifests or other reliable means. (15.3.1996/170)

Paragraph 2 has been repealed by L 6.1.1989/1 .

In order to detect the overload, the traffic controller may order the vehicle to be transported to a fixed weighing place if the vehicle is likely to be overloaded with probable cause. This provision shall not result in excessive costs or excessive waste of time. (6.1.1989-1)

§ 7
Extension of transport

In the event that the traffic controller has prohibited the continuation of the overloading, but in spite of the ban and the statement of payment orders issued, it may be possible, at the discretion of the imposition of the overloading charge, to impose a new overload fee.

§ 8 (7.8.2011)
Payment prescribing

The issue of the imposition of the congestion charge shall be dealt with at the police station in whose jurisdiction the overload has been established.

The decision to issue a payment order shall be decided by the police officer or by the police officer of the institution designated by him.

In individual cases, the overloading fee may be waived or removed if the overloading is due to the circumstances of an undetected or other comparable reason.

L to 15/2015 Article 8 will enter into force on 1 January 2016. The previous wording reads:

§ 8
Payment prescribing

Overload payment shall be determined by the head of the police department in which the overload has been established. (payment order).

A statute for a common area of police or police circles may stipulate that a payment order may be issued by a police officer other than the chief of the police. (15.3.1996/170)

In individual cases, the overloading fee may be waived or removed if the overloading is due to the circumstances, taking into account the circumstances, or any other specific reason comparable to that.

§ 9 (7.8.2011)
Overload reporting

When the traffic controller has stated that the overload charge may be overloaded, he shall immediately inform the police of the matter in writing for the purpose of imposing the overloading charge. At the same time a copy of the notification shall be provided to the vehicle driver.

L to 15/2015 Article 9 enters into force on 1 January 2016. The previous wording reads:

§ 9
Overload reporting

Once the traffic controller has ascertained overloading, which may be overloaded, he shall immediately inform in writing of the matter for the purpose of imposing the overloading charge in the relevant police district. At the same time a copy of the notification shall be provided to the vehicle driver.

ARTICLE 10
Export ban on foreign vehicles

A vehicle registered abroad, where the overloaded charge is required to be overloaded, shall not be exported before payment of the overload fee. However, the applicant may authorise the export of the vehicle, when the payment of the overload fee is subject to an acceptable security.

In the case of an overload of the vehicle referred to in paragraph 1, the traffic controller shall, under his control, transfer the vehicle to the nearest police or customs authority, until the overload charge has been paid. If the driver refuses to move the vehicle, the administrator shall take care of the transfer. Where necessary, the identity of the vehicle shall be taken over by the police or customs authority.

Paragraph 3 has been repealed by L 15.3.1996/170 .

ARTICLE 11
Detection of overload at the customs office

If the customs office finds that the vehicle entering the country is overloaded, which according to this law should impose an overloading charge, the entry of the vehicle shall be prevented until the overload is removed from the vehicle.

According to Articles 9 and 10, when a vehicle is overloaded for exit from the country to a customs office, it is for the customs office to carry out the tasks of the traffic controller.

ARTICLE 12
Consultation of the debtor

Before issuing a payment order, the payment obligation which is known to be in Finland shall be given the opportunity to provide an explanation in writing within a time limit which shall not be less than two weeks.

ARTICLE 13
Payment period

The congestion charge shall be paid in six months from the date of the payment order.

If the excess charge is not paid within the period provided for in paragraph 1, the non-payment shall be charged by the tax increase and the law on the delay (1556/95) Shall be calculated on the basis of the criteria set. (15.3.1996/170)

ARTICLE 14 (15.3.1996/170)
Responsibility of the Community shareholder and the foreign representative

The company owned by an open company and the responsible company of a limited company are responsible for carrying out the overloading charge imposed by the company, as is the case with the company.

The person who does not live in Finland and the payment of the excess charge payable by the foreign community, the institution and the foundation shall be responsible for that person. On the basis of this paragraph, the head of the police district shall be responsible for the payment of the burden of overloading of the overload charge liable to the charge. In the case of a responsible hearing before the payment is made, the provisions of Article 12 shall be complied with.

§ 15 (7.8.2011)
Appeals and enforcement

The decision on the determination of the overcharging charge shall be subject to appeal by the administrative court in accordance with the administrative law (18/06/1996) Provides. An appeal to the decision of the administrative court shall be lodged only if the Supreme Administrative Court grants an appeal.

The recovery of the charge shall be subject to the provisions of the Law on the implementation of taxes and charges (20/2007) Provides.

L to 15/2015 Article 15 shall enter into force on 1 January 2016. The previous wording reads:

§ 15
Appeals and enforcement

An appeal against a decision on the imposition of a charge shall be lodged in accordance with the right to vote in accordance with the law on appeals in administrative matters (154/50) Is provided for. (10.3.1989/255)

The payment order shall be implemented without a judgment or decision in accordance with the law on the recovery of taxes and charges (2006) Is provided for.

L appeal on administrative matters 154/50 Has been repealed by the Administrative Loan L 586/1996 . L-enforcement of taxes and charges 367/1961 Has been repealed by L for the implementation of taxes and charges 706/2007 .

ARTICLE 16
Liability of the transferor's liability

The overcharging carrier shall have the right to receive, in whole or in part, the amount of the payment from the supplier, provided that this measure has resulted in the overloading being carried.

§ 17
Driver's liability

The driver of a vehicle may be required, in whole or in part, to pay the overcharge to the person liable for payment only if the driver intentionally, contrary to the instructions for payment, has been overloaded or deviated from the route by which the load should have been transported. The agreement, rule of law or any other provision comparable to that which extends the liability of the carrier is null and void.

ARTICLE 18
Criminal sanctions

The transport of the overload is punishable by road traffic law.

The economic benefit generated by the carriage of the overload shall not be subject to confiscation of the State if the same offence is subject to an overload fee.

§ 19
Specifications and provisions (15.3.1996/170)

More detailed provisions on the implementation of this law shall be adopted by the Regulation.

The police may give more detailed provisions and instructions in accordance with this law and the provisions adopted pursuant to this law to carry out the duties of the police. (26.6.2009/515)

§ 20
Entry into force

This Act shall enter into force on 1 April 1982.

HE 20/81, LiV.reflec.3/81, generation.203/81

Entry into force and application of amending acts:

6.1.1987:

This Act shall enter into force on 1 April 1989. However, the repeal of Article 6 (2) shall enter into force on 1 January 1990.

HE 185/88 LiV.miet. 6/88, svk.M. 195/88

10.3.1989/255:

This Act shall enter into force on 1 November 1989.

HE 65/88, Second Ivhms. 12/88, svk.M. 157/88

22.7.1991/1068:

This Act shall enter into force on 1 September 1991.

HE 12/91 LiV.miet. 1/91

15.3.1996/170:

This Act shall enter into force on 1 April 1996. It shall apply to the overload charge imposed by the overload established after the entry into force of the law.

THEY 198/95 , LiVM 1/96, EV 12/96

9.11.2001/970:

This Act shall enter into force on 1 January 2002.

Before the law enters into force, measures may be taken to implement the law.

THEY 103/2001 , LaVM 19/2001, EV 119/2001

26.6.2009, P.

This Act shall enter into force on 1 January 2010.

THEY 58/2009 , HaVM 7/2009, EV 86/2009

7.8.2015:

This Act shall enter into force on 1 January 2016.

In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.

THEY 230/2014 , LaVM 26/2014, EV 319/2014