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The Law Of Commercial Goods Transport On The Road

Original Language Title: Laki kaupallisista tavarankuljetuksista tiellä

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Law on commercial carriage of goods

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Scope of law

This law shall apply to the commercial carriage of goods on the road, to the international carriage of goods subject to the transport licence and to the transport of goods covered by this Act. (12/01/1283)

The provisions of this Act, with the exception of the provisions relating to the transport permit and the driver attestation, shall not apply to a working country, in an area which is isolated from general traffic, in an area of factory, port, storage, competition or other similar territory, or on the road, Where movement is permitted only for a prescribed purpose or with the permission of the owner, provided that the restriction of movement is visibly demonstrated in traffic signs, by the beam or by other clearly detectable.

The provisions of this Act shall not apply to the carriage of goods.

The road to transport is not regarded as crossing the road.

ARTICLE 2
Definitions

For the purposes of this law:

(1) Community authorisation Regulation (EC) No 1072/2009 of the European Parliament and of the Council on common rules for access to the international road haulage market, hereinafter referred to as EU Freight Transport Regulation , a licence issued; (12/01/1283)

(2) Driver attestation Driver attestation relating to the Community authorisation;

(3) A copy of the Community authorisation A copy of the Community authorisation issued and certified by the licensing authority;

(4) On the domestic licence A vehicle-specific permit issued in the rest of Finland other than the commercial carriage of goods by virtue of the provisions in force in the province of Åland before 2 October 1999; (12/01/1283)

(5) On a tractor permit Authorisation for commercial carriage of goods by a tractor in other parts of Finland other than the province of Ahvenanma; (12/03/262)

(6) With the transport authorisation A permit to use a lorry or heavy trailer registered abroad to use a lorry or heavy trailer registered in Finland or a heavy trailer abroad;

(7) With a bilateral authorisation A transport licence for transport between Finland and another State;

(8) With a third country authorisation A transport permit between two States, neither of which are the country of registration of the vehicle;

(9) CEMT licence The transport authorisation referred to by the Conference of European Transport Ministers between the loading and unloading points in two different Member States;

(10) Through passing through A permit authorising the transport operator to pass through another country; (22/02/1231)

(11) Vehicle The car and the tractor; (12/03/262)

(12) Regulation of the EU Carriers Regulation Regulation (EC) No 1071/2009 of the European Parliament and of the Council laying down common rules for the exercise of the occupation of road transport operator and repealing Council Directive 96 /26/EC; (12/01/1283)

(13) Road Road or road intended for public transport or for transport in general; (12/01/1283)

(14) Operating licence The authorisations referred to in paragraphs 1, 4 and 5; (12/01/1283)

(15) Transport at the subscriber The seller of the transport register referred to in this Act, (129/1979) Under paragraph 1, the State, the municipality, the municipality of Åland, the province of Åland, the municipality of Åland, the municipality of Åland, the municipality of Åland, the conglomerate, the other religious community, other public bodies, A legal person and a similar undertaking abroad; (12/01/1283)

16) Cabotage operations National transport carried out on a temporary basis in the host Member State in accordance with the EU freight transport regulation; (12/03/262)

(17) With its own goods Goods whose possession or other control is carried out by the transport operator at any other time than during transport and related operations. (12/03/262)

Chapter 2

Authorities

ARTICLE 3 (12/01/1283)
Competent authorisation and supervisory authorities

The licence and its copies, as well as the driver attestation, shall be issued by the competent industry, transport and environmental centre, in the province of Åland, however, in the Åland Islands.

Customs shall grant a bilateral authorisation and transit and traffic safety agency for a third country authorisation, CEMT and the transport authorisation referred to in Article 22.

Competent organ, transport and environmental centres, as well as the Åland State Agency, are competent authorities within the meaning of Article 10 of the EU carrier Regulation. The checks referred to in point (d) of paragraph 1 of that Article shall also be open to the participation of the police, the labour protection administration, the tax administration and the customs service on the basis of the powers which they have under other law. These authorities are also obliged to provide assistance to the industry, transport and environmental centres as well as to the Åland State Agency.

The national contact point within the meaning of Article 18 of the EU Operator Regulation shall be the Transport Safety Agency.

§ 4 (12/01/1283)
Cabotage security procedure

In Finland, the Ministry of Transport and Communications is requested by the Ministry of Transport and Communications within the meaning of Article 10 of the EU Freight Traffic Regulation. The Government Decree may provide more detailed provisions on the measures to be imposed pursuant to paragraph 4 of that Article in the course of the security procedure granted by the Commission.

Chapter 3

Authorisation system

§ 5
The need for authorisation

The carriage of goods on a vehicle on the road to compensation is subject to authorisation. However, authorisation shall not be required for the transport referred to in Article 7.

Where the goods are carried on a vehicle leased against compensation, the driver of which acts as a driver for hire or hire on the part of the lessor, or by any other comparable means by the lessor to the lessor A person who, as a carrier, shall be regarded as a lessor rather than a lessee.

§ 5a (12/03/262)
Clearance of the commission of transport

Before agreement on carriage, the transport subscriber or his representative shall consider:

(1) the public transport register, that the transport operator has a licence; or

(2) that the transport operator has the right to carry out transport cabotage or without a licence; and

3) that the transport provider is marked on the basis of (18/01/1993) Be entered in the taxable person's register, if it is obliged to sell it.

The contract shall not be concluded if the conditions referred to in paragraph 1 are not met. Furthermore, the contract must not be concluded if the subscriber knows or should know that the other party to the contract does not intend to fulfil its legal obligations as an employer.

The report referred to in paragraph 1 shall not be required if:

(1) a Contracting Party is a State, a municipality, a consortium of municipalities, the Province of Åland, the municipality of Åland or the municipality of Åland, the congregation, the congregations, the Social Insurance Institution or the Bank of Finland;

(2) less than three months after the submission of the previous report with the same Contracting Party; or

(3) the contractual relationship between the subscriber and the contracting party may be considered to be established as a result of the transport of the previous year, in which case studies shall be carried out on a calendar year.

In addition, the subscriber or his representative shall not be required to carry out the studies referred to in paragraph 1 where the agreed transport price, excluding VAT, is less than EUR 500 in the transport contracts concluded during a three-month period or if, in accordance with The value of the consideration of the subcontracting contract, net of vat, is less than eur 7 500.

Compliance with Article 5a of this Act shall be subject to police and customs control.

ARTICLE 6
Transport licences (12/01/1283)

The Community authorisation granted in Finland may, in addition to mutual transport between the Member States of the European Economic Area and Switzerland, be permitted under the Community authorisation regulation, as well as other foreign traffic and domestic services in the Åland Islands. Except for.

A domestic operating licence may operate throughout the country, with the exception of the Province of Åland, and the external service referred to in paragraphs 3 and 4.

For the purposes of Article 1 (5) of the EU Freight Transport Regulation, the home licence shall be valid for the purposes of Article 1 (5) of the EU Freight Traffic Regulation between Finland and other countries of the European Economic Area and Switzerland. (12/01/1283)

Finland and the non-member countries of the European Economic Area may:

(1) transporting agricultural and stone materials and unprocessed timber;

(2) carry out transport and exhibitions;

(3) transport damaged or broken motor vehicles;

(4) export a machine, equipment or spare part which it is urgently required to replace, in order to maintain a movement, an installation or an undertaking, and import a damaged machine, equipment or spare part.

In the cases referred to in paragraph 4 (1) and (2), the return journey may be carried by other goods.

The tractor may operate throughout the country with the exception of the Province of Åland. (12/03/262)

The Province of Åland decides on transport in the province of Åland. The licence issued by the Government of the Province of Åland justifies the transport of goods between Åland and Finland.

§ 6a (12/01/1283)
Temporary transport

The three internal transport operations within the meaning of Article 8 of the EU Freight Traffic Regulation shall be determined in such a way that the first transport begins with the first vehicle after the unloading of the international carriage of the international carriage ended in Finland. On loading. The first shipment ends when the load is first landed, the second one ends when the load is landed for the second time and the third shipment ends when the load is unloaded for the third time. For the unloading of the load, the coupling of the loaded trailer shall also be considered not to unload the load in the tractor, unless the question is merely the transfer of the trailer in the parking or storage area. (12/03/262)

The transport referred to in paragraph 1 shall only be carried out on a temporary basis. On the basis of a contract concluded for an indefinite period or more than one week, a vehicle which has carried out more than 10 transport operations within the last three months shall not be regarded as a temporary During.

§ 7
Non-authorised commercial transport

Authorisation shall not be required when carrying out:

(1) the carriage of goods by a vehicle or a combination of vehicles with a maximum permissible mass not exceeding 2 000 kg;

(2) the carriage of goods in connection with the professional training of the holder of the training authorisation of the Ministry of Education;

(3) the carriage of goods by motor vehicles, subject to the following conditions:

(a) only the carriage of the goods by the person carrying out the transport, sold or bought, issued, manufactured, quarrying, quarrying, or processing or repairing the goods transported;

(b) the purpose of the transport is to carry goods to the carrier or to the undertaking or company, or their transfer, either within the undertaking or for the purposes of the undertaking's own needs outside it;

(c) the carriage of motor vehicles used in the carriage of motor vehicles shall include the staff of the transport operator or the staff employed on the basis of the contract;

(d) the vehicles used for the carriage of vehicles belong to the transport provider or are, under suspension conditions, purchased or hired by it; in the latter case, on condition that they comply with the conditions laid down in The conditions laid down in Directive 2006 /1/EC of the European Parliament and of the Council on the use of road haulage; and

(e) the transport is secondary to the entire economic activity of the transport provider;

(12/03/262)

(4) the transport of materials, machines or equipment necessary for the construction, construction or installation of equipment, or other similar work, where the driver of the vehicle is one of the factors of the work and not the movement of the wood; And between, and between, where the transfer is carried out by the contracting authority; (12/03/262)

(5) the transport of agricultural, forestry, animal, rice or fisheries by the tractor; (12/03/262)

(6) domestic service transport by a vehicle or a combination of vehicles with a total mass not exceeding 3 500 kg; (12/03/262)

(7) the distribution of road and street material, water, salt or other similar materials on the road or the street or the transport of snow on a tractor when the transport operator has also taken care of the removal of the snow at the site; (12/03/262)

(8) the group or the group, the Municipality, the Municipality or the Community in which the municipality has the accounting law; (1336/1997) in Chapter 1, Article 5 Controlled, internal transport by a vehicle controlled by it;

(9) the social and health services provided by the municipality, the Municipality or the Community in which the municipality has control of the social and health services provided for by Article 5 of Chapter 1 of the Accounting Act, as well as the provision of services relating to the provision of educational services; A vehicle controlled by the trader;

(10) Postal services (415/2011) In the case of a vehicle or mail order controlled by the holder of the post office authorisation holder, including newspapers and mail-mail, advertising newspapers, advertisements and parcels Distribution, in the case of a vehicle under the control of a person who is employed in a post office; (12/01/1283)

(11) body transport;

(12) transport from which the employer pays the employee the amount of the tax accepted by the tax administration for the carriage of goods related to the employment of the employee by a vehicle under the control of the employee, when the carriage of the goods involved Is not the employee's main job; (12/03/262)

(13) the transfer of broken vehicles endangering road safety to the nearest safe place; (12/03/262)

(14) the transport of animals in the care of the transport operator to treatment or to competitions. (12/03/262)

The right of the holder of a taxi licence to transport goods in the taxi licence (217/2007) And public transport authorisation holder's right to transport goods in public transport (869/2009) . (12/03/262)

Paragraph 3 has been repealed by L 12.4.2013/262 .

Chapter 4

Issue and withdrawal of authorisation (12/01/1283)

§ 8 (12/01/1283)
Conditions for granting authorisation

The licence shall be issued to the applicant:

(1) which complies with the requirements for the authorisation of the carriage of goods by the EU carrier pursuant to Articles 4 and 6 to 8;

(2) which is of legal age and whose viability is not legally recognised by the guardian (442/1999) Which is not subject to a guardian pursuant to Article 8 (1) of that Law;

(3) to which the law of the Grey Economy (1207/2010) Or of these securities markets (746/2012) in Chapter 2, Article 4 Has not been declared bankrupt in an industry requiring a freight licence during the last year;

(4) which does not have any taxes, statutory pension, accident or unemployment insurance premiums or non-compliance with the obligations relating to the payment of customs duties and other liabilities which are low in relation to the applicant's ability to pay; Larger, and not the debts which have been returned by means of non-theft certificates;

(5) which is not subject to a business ban or a temporary business ban;

(6) which is not intentionally or negligently failing to comply with the provisions of the (2002) , collective bargaining (166/46) , working time (185/1996) Or linkages (162/2005) , or accident insurance law, or (608/1948) An employee's compulsory insurance obligation; and

(7) where the former or immediately comparable earlier action does not indicate that the applicant is manifestly unfit to pursue an activity subject to authorisation within the meaning of this Law.

(12/03/262)

The licence shall also be issued to a legal person meeting the requirements of Articles 6 and 7 of the EU Operator Regulation and paragraph 1 (3) and (4) of this Regulation by the transport manager in Articles 4, 6 and 8 of that Regulation. And paragraph 1 (2) and (5) of this Article.

In addition, the managing director of the applicant company and the companies responsible must be of good repute within the meaning of Article 9.

§ 9 (12/01/1283)
Good reputation of the person responsible for transport and the natural person applying for the transport

When assessing the good repute of the person responsible for transport and of the natural person applying for the applicant, the reputation shall be taken into account in the assessment of the reputation, if:

(1) has been sentenced to prison in the last five years for a criminal offence;

(2) in the last two years, he has been convicted of at least four works in the form of a financial penalty for labour or pay, accounting, taxation, transport, transport or vehicle safety, environmental protection or any other Infringement of the provisions on professional liability or infringements of the provisions referred to in Article 6 (1) (b) of the EU operator Regulation;

(3) has been subject to penalties other than imprisonment or fines for serious infringements as referred to in Article 6 (1) of the EU carrier during the past two years; or

(4) In the last two years, he has been sentenced in accordance with paragraph 2 to a fine, or has been subject to penalties under paragraph 3 in total for at least four works.

A person or a natural person who is an applicant for transport cannot be considered to be of good repute within the meaning of Article 6 of the EU Operator Regulation if his reputation has been compromised for the reason stated in paragraph 1 and this Demonstrates that he is manifestly unfit to pursue professional goods transport. An assessment of the inappropriateness takes into account:

(1) the number of acts;

(2) the seriousness and design of the acts; (12/03/262)

(3) the targeting of the client, the goods or authorities transported; (12/03/262)

(4) the fact that the action has a detrimental effect on road safety; (12/03/262)

(5) the fact that an act is one of the most serious infringements of Community rules referred to in Annex IV to the EU transport operator;

6) the fact that the act is carried out in a professional manner.

§ 9a (12/01/1283)
Good reputation of the legal person

When assessing the good repute of a legal person applying for a business licence, the assessment of the good repute shall be taken into account if:

(1) the Community has been sentenced in the last five years to a Community fine; or

(2) the good reputation of the managing director or of a responsible shareholder has been compromised within the meaning of Article 9.

A legal person applying for a licence cannot be considered to be of good repute within the meaning of Article 6 of the EU haulier if its good reputation has been compromised for the purpose referred to in paragraph 1 and shows that it is manifestly Inappropriate practice of professional goods transport. In assessing the incompatibility of air, account shall be taken of the elements mentioned in Article 9 (2). (12/03/262)

ARTICLE 10
Transport entrepreneurship course

The aim of the transport entrepreneurship course is to provide an adequate level of professional competence for the transport of goods on the road to commercial transport.

The teaching content and length of the courses are regulated by a decree of the Ministry of Transport and Communications.

ARTICLE 11
Graduate (12/01/1283)

The Transport Safety Agency shall, in accordance with Article 8 of the EU transport operator Regulation, make it compulsory for a certificate to be carried out which shows that the person complies with the professional qualifications laid down in that Regulation. The Agency may use an external expert to prepare for the examination of the examination and to organise a trial. (12/01/1283)

The Finnish Transport Safety Agency shall accept the test without the transport entrepreneurship course of the person who is: (22.12.2009)

(1) functionally engaged in administrative, financial or operational responsibility for the transport sector for at least two years, and it is obvious that the person has the knowledge and skills corresponding to the transport entrepreneurship course; or

(2) carried out a commercial, administrative, technical or transport sector, at least, by a university degree or a law on vocational adult education; (1998) And have worked for at least one year in the tasks referred to in paragraph 1. (12/03/262)

A person who satisfies the requirements of Article 9 of the EU carrier Regulation in the freight transport sector does not need to carry out a qualification as referred to in Article 8 (1) of the Regulation. (12/03/262)

ARTICLE 12 (12/01/1283)
Certificate

The Finnish Transport Safety Agency shall issue a certificate referred to in Article 21 (1) of the EU transport operator Regulation to a person who has successfully completed an examination of a degree organised by the Agency or who is in the field of logistics A degree in vocational education and training as provided for in the regulation.

When applying for a Community authorisation for the pursuit of the carriage of goods by road in a Member State other than Finland, the document referred to in Article 19 (1) of the EU haulier shall provide the seat of the undertaking A police officer, who shall also issue the certificate referred to in paragraph 2. The solvency of a certificate referred to in Article 7 of the EU Operator Regulation shall be issued by a credit institution or an auditing law (17/01/2015) And the certificate of professional competence of the certificate referred to in Article 21 (1) of that Regulation shall be issued by the competent means of life, transport and the environment where the person has acquired the right to carry out the transport of goods by: Once before 2 October 1999, and otherwise the Transport Safety Agency. (18.09.2015/1163)

L to 16/2015 (2) shall enter into force on 1 January 2016. The previous wording reads:

When applying for a Community authorisation for the pursuit of the carriage of goods by road in a Member State other than Finland, the document referred to in Article 19 (1) of the EU haulier shall provide the seat of the undertaking A police officer, who shall also issue the certificate referred to in paragraph 2. The solvency of a certificate referred to in Article 7 of the EU carrier Regulation shall be issued by a credit institution or an auditor or audit firm approved by the Central Chamber of Commerce or Chamber of Commerce, and Article 21 (1) of that Regulation. , where a person has been granted the right to carry out freight traffic for the first time before 2 October 1999, and otherwise transport Homeland Security.

ARTICLE 13
Capital adequacy

The applicant or the holder of a licence shall be deemed to be solvent if he is able to meet his obligations properly and to demonstrate that he has sufficient financial resources to start the transport and its proper management.

The applicant or the holder shall be considered as a warning:

(1) financial assets, including overdrafts and undrawn credit granted by credit institutions;

2. Exchange assets;

(3) secured assets and other long-term investments.

If the applicant or the holder is a natural or open company or a commandites company, it may also be considered as a personal guarantee of the natural person, the companies and the companies responsible, as a personal guarantee of the assets available.

At the time of the start of transport or when the number of vehicles is added, the amount of available funds shall be obtained by subtracting from the funds calculated pursuant to Article 2 (2) from the start of transport or the increase in the number of vehicles, The cost of purchasing premises, machinery and equipment.

The amount of the vehicle purchased under the partial payment agreement shall be deemed to have been paid.

The Decree of the Ministry of Transport and Communications lays down how much available resources must be available for each vehicle.

ARTICLE 14 (12/01/1283)

§ 14 has been repealed by L 16.12.2011/1283 .

Chapter 5

Person for transport

§ 15
Transport manager within the meaning of the EU transport operator regulation (12/01/1283)

Paragraph 1 has been repealed by L 16.12.2011/1283 .

A natural person who has an operating licence may only be accepted as a legal person for the transport of a legal person if he or she has a dominant position or equal status on the basis of ownership or ownership of shares with the other shareholders. Within the company or the Community. (12/01/1283)

A group or a comparable group may be accepted by the same person as the transport equivalent of two or more legal persons.

ARTICLE 16 (12/01/1283)
Named transport manager

The designated transport manager referred to in Article 4 (2) of the EU Operator Regulation shall only carry out the transport activities of one undertaking and shall not use up to 50 vehicles.

The transport manager designated in accordance with Article 4 (1) of the EU Operator Regulation shall not be designated as the transport manager in accordance with paragraph 2 of that Article.

Chapter 6

Authorisation procedure

§ 17 (12/01/1283)
Application for commercial application

An application for transport shall be made to the competent industry, transport and environmental centre in which the applicant has its registered office in Åland to the Åland Islands. The application shall include the information requested by the licensing authority for the processing of the application.

ARTICLE 18 (12/01/1283)
Issue of authorisation

The licence shall be issued for five years at a time. The granting of the Community authorisation shall be laid down in the EU Freight Transport Regulation.

The authorisation shall not be made available to the other.

§ 19
Authorisation and renewal of authorisation

Any modification or renewal of the authorisation shall be sought in the order of application of the licence.

If the renewal has been initiated no later than one month before the expiry date of the authorisation, the renewed authorisation may continue to do so until the case is resolved.

The renewal of the home country licence shall also be considered as a modification of the authorisation to carry out traffic resulting from the change in the form of a business.

§ 20 (12/01/1283)
Withdrawal of the licence and the unsuitability of a person

In addition to what is provided for in Article 13 of the EU carrier Regulation, the competent system of life, transport and the Agency or the state agency of the Åland Islands shall suspend or revoke the operating licence if the holder of the authorisation so requests: Or if the authorisation holder no longer fulfils the conditions for granting the authorisation provided for in paragraphs 2, 5 or 6 of Article 8 (1). The competent means of life, transport and the Agency or the state agency of the Åland Islands shall also suspend or revoke the operating licence if the holder of the authorisation has, in the course of the operation, allowed a business ban or a temporary The business ban law on the business ban (1059/1985) In breach of Article 4 or Article 11. (12/03/262)

Subject to Article 21a, the commercial, transport and the Environment Agency or the State Office of the Åland Islands shall suspend or revoke the operating licence if:

(1) the authorisation holder no longer fulfils the conditions for the authorisation laid down in Article 8 (1) (3) or (4);

(2) the transport manager no longer fulfils the conditions laid down in Article 8 (1) (2) or (5); or

(3) the general manager of a company or a responsible company man or an organisational person within the meaning of Article 2 of the Law of the Grey Economy is no longer of good repute within the meaning of Article 9 of this Act. (12/03/262)

The penalties for the loss of good repute of the person responsible for transport are laid down in Article 14 (1) of the Regulation referred to in paragraph 1.

The person responsible for transport may be considered to be unfit for the occupation at the earliest two years after the competent institution of life, transport and the environment or the Åland State Agency has adopted Article 14 of that Regulation The decision referred to in paragraph 1 on the suitability of the person to manage the transport activities of the undertaking. If the loss of good repute is partly or wholly attributable to the term of imprisonment referred to in Article 8 (1) (1), which has been less than three years, the time limit shall expire after five years of the sentence.

ARTICLE 21 (22.12.2009)
Provisional withdrawal of a vehicle authorisation or a copy of the Community authorisation

Where the holder of the authorisation, or the driver employed or otherwise employed by the authorisation holder, has been convicted of repeated and serious infringements of the provisions relating to traffic or vehicle safety, the competent industry, transport and The Agency may cancel a copy of the licence or Community authorisation referred to in this Act for a limited period of not more than three months. The number of copies of the licences or the Community authorisation to be withdrawn shall be determined on the basis of the total number of authorisations and copies of the licence holder and the number and severity of the infringements. The Centre may only issue a warning to the authorisation holder if the withdrawal of a licence or a copy of the Community authorisation would be disproportionate.

No new licence shall be issued to the licence holder and no copies of the Community authorisation shall be issued during the period in which they are withdrawn. (12/01/1283)

§ 21a (12/01/1283)
Warning, correction of negligence and reversibility of the person

In the cases referred to in Article 20 (2), the competent industry, transport and the Environment Agency or the Åland State Agency shall, in the cases referred to in Article 20 (2), suspend the validity of the operating licence and of the certified copies thereof, and In cases where a certified copy of the licence or a certified copy of the licence is withdrawn, a warning shall be issued to the holder of the licence if the withdrawal of the licence or copy would be disproportionate and manifest, infringements and omissions Have been corrected or limited.

Subject to Article 13 of the EU carrier Regulation, and where the reason for the cancellation or warning of an operating licence is such that it can be rectified, the Authority shall, prior to the withdrawal of the authorisation and the issuing of a warning: The possibility for the authorisation holder to remedy the deficiency or omission within the time limit. The time limit shall not be less than three months. The authorisation may be withdrawn if the defect has not been corrected within the time limit.

Where the period prescribed in accordance with Article 20 (4) has elapsed, the competent business, transport and environmental centre or the Åland State Agency shall take a decision on the suitability of the transport manager's profession, which shall be considered as EU A corrective measure within the meaning of Article 14 (2) of the carrier Regulation. The condition is that the person concerned has not been sentenced within the period of time to the sentence referred to in Article 9 and has not been subject to the other penalty provided for in Article 9, which means that he cannot be considered to be of good repute. If a person is still not considered to be of good repute, the competent business, transport and environmental centre or the Åland State Agency shall set a deadline in accordance with the new Article 20 (3).

Article 21b (12/01/1283)
Control

The obligation of the competent industry, transport and environmental centres and the Åland State Office to check whether the licence holders comply with the requirements laid down in Article 3 of the EU TV Regulation are laid down in Article 12 of that Regulation Article.

At least once per calendar year, the competent industry, transport and environmental centres and the State Office of the Åland Islands shall, in respect of the condition for granting an operating licence provided for in Article 8, determine whether the authorisation holders continue to fulfil this requirement. Condition, organisational persons, an explanation must be made only when there is a particular reason. (12/03/262)

Article 21c (12/01/1283)
Risk undertaking

The risk undertaking shall be deemed to be the holder of the authorisation, who has been sentenced to the sentence or has been punished for the offences or offences referred to in Article 9 (1) or Article 9a (1), and the number of such offences is in accordance with those points of law, , as well as the holder of the authorisation, whose transport manager, the managing director or a responsible member of the company has been convicted of a sentence or has been penalised by the transport manager, the managing director or a responsible company The offences or infringements referred to in Article 9 (1), and The amount of these acts is in accordance with that provision.

The authorisation holder shall cease to be a risk undertaking if, in the last year, the person responsible for the transport, the managing director and the responsible company, has not been convicted of new offences or offences or, if committed, offences and offences. The total number has fallen below the provisions of Article 9 (1) and Article 9a (1).

Article 21d (12/01/1283)
Enterprise audit

The information provided by the competent authorities on company inspections, their purpose and their allocation shall be laid down in Article 12 of the EU carrier Regulation. The risk companies must be inspected more closely and more frequently than other companies. The audit shall comply with the Administrative Code (434/2003) Provides.

The holder of the authorisation shall present, on request, the documents provided for in Article 5 of the EU Carriers Regulation, as provided for in Article 5 of the EU Carriers Regulation, as well as the documents provided for in Article 5 of the Tax Code. Information on taxation. If the material to be checked has been stored on a machine-tuned medium, the holder of the authorisation shall, on request, make the material in a clairly written form or a publicly available storage medium.

The audit authority shall have the right of access to the premises and territories of the operator of the operating licence, to vehicles used for professional transport and to the depot. The holder of the licence shall provide the facilities and equipment necessary for the submission of the inspection and shall be assisted by the inspection. The inspection shall not be carried out in the premises of a permanent residence.

The audit authority shall have the right to take over the material or a copy of that material for inspection elsewhere, where possible without undue inconvenience to the holder of the authorisation. The material must be returned as soon as it is no longer required.

Chapter 7

International transport

§ 22
International transport

A vehicle registered or registered in Finland, registered or registered in Finland, and a vehicle combination of more than 3 500 kg or more, the vehicle combination of a vehicle and trailer must have a transport authorisation issued by the safety agency, unless: International agreements or European Community legislation. (12/03/262)

The Ministry of Transport and Communications may, on the basis of a binding international obligation and on the basis of reciprocity in the agreement, agree on a limited number of exemptions to the authorisation arrangements.

In an individual case, the Transport Safety Agency may, for an overriding reason, exempt a vehicle or transport which is not agreed in an international agreement. (22.12.2009)

ARTICLE 23
Conditions for granting the necessary transport authorisation abroad

The licensing authority shall grant the necessary transport authorisation abroad. The application shall contain the information requested by the licensing authority for the processing of the application.

A permit shall be issued by the licensing authority in the event of a transport authorisation to be assigned to Finland for the purpose of evaporated transport. The authorisation authority may prescribe a permit for a permit. Where a permit may be granted for a limited number of applicants due to the limited number of authorisations, it shall be granted to the applicant, whose transport most effectively makes use of the right to transport to the requested authorisation.

§ 24
Return authorisation

The holder of a transport authorisation shall be obliged immediately to return the unused or unused transport authorisation to the licensing authority. The authorisation authority may require the transport authorisation to be returned if the authorisation holder does not use the transport authorisation and does not use it within a reasonable period set by the licensing authority.

The licensing authority shall have the right to receive assistance from the police, customs and border guards in order to enforce and enforce compliance with paragraph 1.

Chapter 8

Outstanding provisions

ARTICLE 25 (12/01/1283)
Vehicle used for transport

The holder of the licence shall be responsible for the fact that the vehicle to be used for the authorisation shall be:

(1) under the sole control of the authorisation holder and entered in the vehicle register; or

(2) use of the authorisation holder on the basis of a written lease agreement, in which case the original rental agreement or a certified copy of it and, if the driver is not a hired driver, a written statement that the driver is a tenant; Shall be kept in the vehicle.

The holder of the licence shall be responsible for the presence of the name and contact details of the holder of the licence on the vehicle used for the authorisation of the licence. The competent business, transport and environmental centre or the Åland State Agency may, upon application to it, waive the obligation to indicate contact details if there are reasons relating to the safety of transport.

The vehicle used for transport shall be provided without undue delay in the Vehicle Registration Act (541/2003) , for use in professional transport. A vehicle registered in another Member State of the European Economic Area shall be registered in that register within seven days of the importation of the vehicle if it is used within Finland for transport purposes other than that referred to in Article 6a. A vehicle registered elsewhere shall not be used for domestic traffic in Finland. (12/03/262)

Paragraphs 1 to 3 shall not apply to the replacement vehicle used in the event of a short-term breakdown of the vehicle used for transport.

§ 26 (17/05/2013)
The right of the estate to continue transport

If, within three months of the day of death, the holder of the Community authorisation, the holder of a domestic operating licence, or the holder of the transport licence is killed, the estate may continue to operate for a maximum period of six months from the day of death: The licensing authority of the transport manager who meets the conditions laid down in Article 4 of the Regulation.

§ 27 (22.12.2009)
Information provision

At the request of the carrier, the carrier shall provide the competent business, transport and environmental centre with relevant traffic and financial information.

At the request of the carrier, the carrier shall provide the customs and the Transport Safety Agency with traffic and financial information concerning the transport authorisation.

ARTICLE 28
Obligation to notify police

The police of the authorisation holder's home office shall immediately inform the licensing authority of any facts which may lead to the withdrawal of the authorisation referred to in Article 20 or 21 or to issuing a warning.

§ 29 (12/01/1283)
Obligation to present a document

Where appropriate, transport by a vehicle shall include a valid operating licence or a copy of the Community authorisation, a transport licence and a driver attestation, proof as referred to in Article 8 (3) of the EU freight transport regulation or Article 25 (1) For the purposes of paragraph 2, a rental agreement, a copy or a report, and the CMR, either in paper form or as a reliable electronic document, in the transport referred to in Article 6a. (12/03/262)

The document referred to in paragraph 1 shall be presented to the police, customs or border guard.

When required, the licence holder shall present a valid operating licence to the subscriber.

ARTICLE 30 (7 AUGUST 2009)
Suspension of transport

Police, customs or border guards shall suspend the carriage by which the supplier may not immediately submit a document relating to the transport referred to in Article 29, unless there is a particular reason to allow the transport to continue.

If the transport is suspended, the police, customs and border guards shall have the right to take over the vehicle registration and registration plates if necessary. They shall be given back when there is no longer any justification for the suspension.

ARTICLE 31 (7.8.2011)
Appeals appeal

The decision approving the examination referred to in Article 11 of the Transport Safety Agency and the rejected test shall be subject to an adjustment as provided for in the Administrative Law.

An appeal against a decision taken under this Act and of the acts of the European Union referred to in Article 2, as well as the decision on the request for correction, may be appealed to the administrative court, as in the case of the law on administrative law (18/06/1996) Provides.

The decision on the decision on the withdrawal of the licence and the driver attestation shall be subject to appeal by way of appeal as laid down by the Law on Administrative Law. An appeal against any other decision of the administrative court may be lodged only if the Supreme Administrative Court grants an appeal.

The decision may be implemented even if it has not obtained the force of law, unless otherwise specified in the decision.

L to 14/08/2015 Article 31 shall enter into force on 1 January 2016. The previous wording reads:

ARTICLE 31 (12/01/1283)
Corrigendum and appeal

An amendment to the decision approving the examination referred to in Article 11 of the Transport Safety Agency and the rejected test shall be subject to an appeal from the Transport Safety Agency. The correction procedure is laid down in the administrative law.

The decision taken under this law, as well as the decision taken pursuant to Article 2 of the acts of the European Union pursuant to Article 2 of the Act, shall be subject to appeal in the form of a law on administrative law (18/06/1996) Provides. The decision may be implemented even if it has not obtained the force of law, unless otherwise specified in the decision.

ARTICLE 32
Penalty provisions

Anyone who carries out traffic within the meaning of this law without a proper authorisation shall be condemned: On the carriage of goods without authorisation Fine or imprisonment for a period not exceeding six months.

Who gives the authorisation for another use, fails to make the entry referred to in Article 25 (2), the notification requirement provided for in Article 25 (3) or Article 27, or fails to comply with Article 29 , must be condemned On violation of the provisions of the law on commercial goods transport Fine. (12/01/1283)

The subscriber or representative of the transport who orders the carriage without carrying out the report referred to in Article 5a or on the basis of a report or otherwise knows that the conditions referred to in Article 5a do not meet the conditions referred to in Article 5a or that the To fulfil its statutory obligations as an employer, must be condemned; On the transport order violation Fine. Where the transport is subject to the law on the clearing obligation and liability of an external force (1233/2006) And the award of the contract may be subject to a payment for failure to act within the meaning of that law. (12/03/262)

Infringement of a criminal offence to a driver other than the haulier under Article 29 (1) shall be governed by the law on infringements of the laws on infringements (206/2010) . (27.8.2010/769)

L to 769/2010 Article 4 (previous paragraph 3) shall enter into force at the time of the adoption of the law.

§ 33 (12/03/262)
Right to access to data and other surveillance data

The competent organ, transport and environment centre and the State Agency of the Åland Islands shall have the right, notwithstanding the provisions of confidentiality, to obtain the necessary information from the Authority and other public authorities to grant the licence, And to establish the conditions for the withdrawal of the authorisation.

In addition, the authorities referred to in paragraph 1 shall have the right to obtain the information necessary for the information mentioned in Article 1 (1) for the purposes of the criminal record, the fine register, the vehicle registration register, the exit register, the business language register, and On the taxation information system and the necessary information on these registers for the purpose of addressing:

1) issuing a warning;

(2) clarification of the suitability of the person referred to in Article 14 of the EU carrier Regulation;

(3) Restoration of collateral to demonstrate the operator's solvency.

The information referred to in paragraphs 1 and 2 may be requested:

1) the applicant and the holder of the licence;

(2) the transport manager;

3) the managing director of the undertaking;

(4) responsible corporate entities; and

(5) the organisational person or organisation within the meaning of Article 2 of the Law on Economic Clearing and Settlement, where an organisational person of the applicant is an organisational person.

The information referred to in this Article shall be obtained by means of a technical service without the consent of which the obligation of professional secrecy has been laid down.

§ 34
Entry into force

This Act shall enter into force on 1 September 2006. However, Article 25 (2) shall enter into force on 1 July 2007.

This Act repeals the Law of 15 February 1991 on the carriage of goods by licence (342/1991) The Regulation of 15 February 1991, with its subsequent modifications and the authorisation of the carriage of goods by road ARTICLE 5 OF THE EC TREATY , as amended by Regulation 1110/1995.

ARTICLE 35
Transitional provisions

Operating licences issued before the entry into force of this Act shall remain valid for a specified period.

Applications for transport and notifications of changes to the person responsible for transport submitted before the entry into force of this Act but which have not been resolved upon entry into force of this Act shall be settled in accordance with the provisions of this Act.

The holder of an authorisation holder who has a licence at the time of entry into force of this Act, as well as a person acting as transport manager in a professional transport undertaking at the time of entry into force of this Act, shall be deemed to comply with this law Of the Directive.

Certificates issued before the entry into force of this Act shall remain as such in the form of a certificate of entrepreneurship and a written final examination as well as from practical experience. The issuing institutions shall submit the information on the certificates to the Vehicle Management Centre within one year of the entry into force of this Act.

THEY 24/2006 , LiVM 12/2006, EV 71/2006

Entry into force and application of amending acts:

22.12.2006/1231:

This Act shall enter into force on 29 December 2006.

THEY 268/2006 , LiVM 29/2006, EV 241/2006

7.8.2009/599:

This Act shall enter into force on 14 August 2009.

THEY 32/2009 , THEY 83/2009 , LVM 11/2009, EV 87/2009

22.12.2009/1311:

This Act shall enter into force on 1 January 2010.

Licenses and certificates issued by the previous competent authority and other decisions which are in force at the time of entry into force of this Act shall apply, as provided for in this Act, for the Transport Safety Agency and the competent means of life, The permits, certificates and decisions of the Transport and Environment Agency.

Before the law enters into force, action can be taken to enforce the law.

THEY 208/2009 , No 23/2009, EV 203/2009

27.8.2010/769:

The entry into force of this Act shall be regulated by law.

THEY 94/2009 , LaVM 9/2010 EV 84/2010

16.12.2011/1283:

This Act shall enter into force on 19 December 2011. However, Article 5a and Article 32 (3) of this Law shall enter into force on 1 January 2013.

Operating licences issued before the entry into force of the Act shall be valid for a specified period.

Certificates issued prior to the entry into force of the law shall be valid as such.

THEY 114/2011 , LiVM 14/2011, EV 78/2011, Regulation (EC) No 1071/2009 of the European Parliament and of the Council (32009R1071); OJ L 300, 14.11.2009, p. 51, Regulation (EC) No 1072/2009 of the European Parliament and of the Council (32009R1072); OJ L 300, 14.11.2009, p. 72

12.4.2013/26:

This Act shall enter into force on 25 April 2013. However, Article 2 (5) and (11), Article 7 (1) (3) to (5) and (2) shall enter into force and Article 7 (3) shall be repealed with effect from 1 July 2014. Article 11 (2) (1) is valid until the end of 2014.

Where the contract for works or works has been concluded before the entry into force of this Act, Article 7 (1) (3) to (5) shall apply as they were at the time of entry into force of this Act.

THEY 193/2012 , LiVM 3/2013, EV 25/2013

6.3.2015/179:

This Act shall enter into force on 15 March 2015.

THEY 315/2014 , LiVM 34/2014, EV 283/2014

7.8.201588:

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

18.9.2015/1163:

This Act shall enter into force on 1 January 2016.

THEY 254/2014 , TaVM 34/2014, EV 371/2014