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The Law On The Functioning Of The Vehicle Inspection

Original Language Title: Laki ajoneuvojen katsastustoiminnasta

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Law on roadworthiness tests

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Scope

This law lays down requirements for roadworthiness tests for vehicles and for the further training required for it, as well as for monitoring the inspection activities.

The organisation of the vehicle type-approval and individual approval shall be regulated separately.

ARTICLE 2
Application of the law in the armed forces

The Ministry of Defence's decree provides which military vehicles are to be surveyed at the roadworthiness test site within the meaning of this Act and which military vehicles are to be inspected by the armed forces themselves, and by the military inspection and inspection site. Other requirements.

The provisions of this Act shall apply to the basic training requirements and reliability of the vehicle inspector carrying out roadworthiness tests. The Ministry of Defence's decree provides for the continuing training of the armed forces inspectorate and the classification and validity of the inspectors' rights to be issued in the armed forces.

ARTICLE 3
Definitions

For the purposes of this law:

(1) Roadworthiness tests On vehicle law (1090/2002) The roadworthiness tests of the vehicle;

(2) The person responsible for the survey activities Which contributes to ensuring that roadworthiness tests are carried out at the roadworthiness test site;

(3) Surveyor A person entitled to carry out roadworthiness tests;

(4) Light vehicle M 1 Of a vehicle with a total mass not exceeding 3,5 tonnes, and N 1 ♪-♪-♪ 1 And O 2 Vehicle and off-road vehicles;

(5) Heavy vehicle M 1 Of a vehicle with a total mass exceeding 3,5 tonnes, and N 2 , N 3 , M 2 , M 3 , O 3 , O 4 -, T-and C category vehicles, trajector and engine work machine;

(6) On the inspection services register A public register of the holders of the licence and of the information relating to their survey services by means of automated data processing by the Traffic Safety Agency.

Paragraph 6 enters into force on 1 July 2015.

Vehicle categories referred to in paragraph 1 (4) and (5) shall be laid down in the vehicle law.

Chapter 2

Ceiling authorisation

§ 4
Authorisation requirement

Subject to Article 5, inspection activities may only be carried out by the person who has been granted the authorisation provided for in this Law ( Inspection certificate ).

§ 5
Parts of roadworthiness tests without a roadworthiness test

A decree of the Council of State may provide that checks on exhaust emissions, braking systems, tracers and speed limitation devices and other minor parts of roadworthiness tests may also be carried out other than the one to which the licence was issued ( Place of inspection ). The place of inspection shall be provided with the necessary premises, adequate control equipment and qualified and competent personnel.

The Agency shall supervise the inspection posts and may issue a warning or a written warning if:

(1) the on-the-spot premises are not available on the spot;

(2) there is no adequate control equipment available on the spot;

(3) the maintenance or inspection of the control equipment has been disregarded; or

(4) checks have not been carried out properly.

The Transport Safety Agency may decide not to accept on-the-spot checks if, despite a written warning, the deficiencies or omissions referred to in paragraph 2 continue to occur.

The requirements and supervision of inspection posts are laid down in greater detail by the Government Decree. The decree of the Council of State also provides for the certification and validity of tasks to be carried out. Civil liability is laid down in Article 52.

ARTICLE 6
Ceiling authorisation

An application for a survey shall be granted on an application to carry out roadworthiness tests on one or more of the following types of roadworthiness tests:

1) for the control and control of light vehicles;

(2) the control and control measures for heavy goods vehicles;

(3) the frequency, control, registration, alteration and coupling of light vehicles;

(4) the control, registration, alteration and coupling of heavy goods vehicles.

§ 7
Conditions for the granting of the licence

For the purpose of granting a survey of time and control, the survey shall be subject to the following conditions:

(1) the applicant has the right to pursue a business in Finland;

(2) the applicant is not bankrupt, and if the applicant is a natural person, he is of legal age and is not limited in scope;

(3) the applicant is reliable;

(4) the applicant's activities have been organised in such a way that the applicant's activities relating to motor vehicles are not affected by the roadworthiness tests;

(5) the applicant is able to ensure a sufficiently high level of quality and the applicant has a standard SFS-EN ISO 9001:2008 or a certified certification body accredited by the accredited certification body; A sufficient quality management system covering the applicant's surveyor centres; the quality management system shall take into account the prescribed and prescribed requirements;

(6) in his service, the applicant has a full-age, reliable and professional surveying officer who is not bankrupt and whose viability is not limited;

(7) the surveyors employed by the applicant are reliable and professional and have access to the vehicles of their right to drive;

(8) the applicant has sufficient premises in which the surveys are carried out;

(9) the applicant shall have roadworthiness tests and equipment for the proper conduct of roadworthiness tests as provided for in Article 12 (2);

(10) the applicant has appropriate contacts with the vehicle register;

(11) the applicant is able to provide adequate data protection;

(12) the applicant has a civil liability insurance which, taking account of the nature and extent of the roadworthiness tests, is estimated to be sufficient to compensate for any damage caused to the vehicles and which, by other conditions, is equivalent to that in the sector; Standard insurance policy.

Subject to paragraphs 1 to 3 and 5 to 12 of subparagraphs 1 to 12, the issue of registration, alteration and coupling inspections shall be subject to the conditions laid down in paragraphs 1 to 3. In addition, the applicant is required to be independent.

For a specific reason, the person shall be accepted as the person responsible for the roadworthiness tests for more than one site of inspection if he is able to carry out his duties effectively. A particular reason can be attributed at least to the low opening hours of the survey site and the small number of vehicles subject to the roadworthiness test.

A review authorisation shall not be granted if, by the way, it appears from the application or circumstances that the arrangements for the application have been made in order to circumvent the provisions on the conditions of the licence.

§ 8
Authorisation for roadworthiness tests for heavy goods vehicles under exceptional circumstances

In the event of a lack of access to inspection services for heavy goods vehicles, the Finnish Transport Safety Agency may issue a roadworthiness test permit to the applicant for the control and control of heavy goods vehicles whose premises or equipment does not: In so far as they do not comply with the requirements laid down in this law or in accordance with it.

When assessing the inadequacy of the supply of shrimp services, account shall be taken of at least the distance between the planned location of the roadworthiness test site under Article 6 (2) or (4) of the inspection certificate for heavy duty vehicles, and Typical business trips and the number of heavy goods vehicles subject to roadworthiness tests.

The Safety Agency for Transport shall withdraw the licence referred to in this section if the condition for failure to provide the inspection services provided for in paragraph 1 is no longer fulfilled, unless the premises and equipment of the roadworthiness test site are to be met 7 -the requirements laid down in § The cancelled authorisation shall be discontinued at the latest one year after the establishment of the Inspection Office for heavy goods vehicles referred to in paragraph 2.

§ 9
Assessment of the applicant's reliability

The applicant shall be considered to be reliable if the applicant or the holder of a dominant position in a company form does not have a business ban or imposed a business ban during the last five years.

However, the applicant or the other person referred to in paragraph 1 shall not be considered to be reliable if he has been convicted:

(1) in the last 10 years, imprisonment of at least two years;

(2) in the last five years, a penalty for serious infringements of the provisions on the roadworthiness tests, registration, taxation, accounting or financial management of vehicles, or more than six months, but less than two years; Imprisonment for any other offence which is considered to indicate that a person or a company is manifestly unfit to conduct a survey; or

(3) in the last three years, a term of imprisonment of not more than six months or on repeated fines for offences deemed to indicate that a person is manifestly unfit to conduct a survey.

In addition, the applicant or other person referred to in paragraph 1 shall not be considered to be reliable:

(1) the criminal charge and the duration of the investigations which it requires, if these may have an effect on the conditions of the applicant or person;

(2) for a maximum period of five years on the basis of a previous activity, where the applicant or the person has done so pursuant to Article 43 (2) and (3) for a reason other than that provided for in this Article; or

(3) if, during the last five years, any comments or written warnings or written warnings or persons or persons have been prohibited from carrying out the activities of the applicant or a person for the purpose of carrying out a survey; Roadworthiness tests.

ARTICLE 10
Closure of the applicant's reliability

The Agency shall decide separately on the request of the applicant or any other person referred to in Article 9, or otherwise, if necessary, whether the applicant or person is to be regarded as reliable.

ARTICLE 11
Assessment of the applicant's independence

The applicant for registration, transformation and termination inspections shall be deemed to be independent if the applicant or the applicant in the form of a company in a dominant position is not engaged in a dominant position or is commercially, economically or otherwise. In relation to the person who carries out:

(1) the manufacture, import, trade, design, marketing, repair or maintenance of vehicles or parts thereof;

(2) insurance related vehicle damage control activities; or

(3) licensed transport.

The applicant or any other person referred to in paragraph 1 shall not be dependent on an organisation engaged in the activities referred to in paragraph 1.

The dependency ratio shall not be considered:

(1) the rental of premises and equipment necessary for the activity of the roadworthiness permit for the exercise or pursuit of the activity referred to in paragraph 1; and

2) acting as an approved expert or an investigative body within the meaning of the law of the vehicle.

ARTICLE 12
Office premises and survey equipment

Adequate premises shall be considered as sufficient premises where roadworthiness tests may be carried out regardless of the weather. The premises of the site shall be located in the vicinity of each other.

For the purposes of Article 7 (1) (9), the checks may be carried out properly if the roadworthiness test site is equipped with equipment and equipment suitable for roadworthiness tests for the purpose of roadworthiness tests. Inspections.

The Transport Safety Agency shall provide more detailed technical provisions for roadworthiness testing equipment and equipment, on the premises of the survey site and on the maximum distances allowed on the separate premises of the roadworthiness test site. When the rules on distance are adopted, account shall be taken of the customer service aspects and the possibility for the person responsible for the survey to verify the proper conduct of the surveys.

ARTICLE 13
Application for permission to review

A clearance is requested in writing from the Transport Safety Agency. The application shall be accompanied by:

(1) from the applicant in the form of a company registration or any other similar statement, as well as a statement of ownership;

(2) information on the application of the authorisation referred to in Article 6;

(3) information on the place where action is taken;

(4) an explanation of how the applicant ensures a sufficiently high quality of its activities and an explanation of the certification of the quality management system in accordance with the standard referred to in Article 7 (1) (5);

(5) information on the person responsible for the survey activities;

6) an explanation of how the applicant is to carry out contacts with the vehicle registrant and how the applicant carries out appropriate data protection;

(7) a description of how the premises, equipment and the person responsible for the survey activities, the surveyors and the persons referred to in Article 9 meet the requirements of the application;

(8) a statement of liability insurance;

(9) an assessment of the date of commencement of the survey activities.

Applicants for periodic inspection and control surveys to carry out the manufacture, import, trade, design, marketing, repair or maintenance of vehicles or their parts or equipment, The accident inspection activities of vehicles relating to insurance activities, or the carriage of authorisation, shall be demonstrated by the way in which the applicant organises his activities without prejudice to the outcome of the survey. Applicants for a certificate of registration, alteration and coupling, shall provide proof that the applicant complies with the independence requirements laid down in Article 11.

If the applicant has a valid roadworthiness test, the application shall not be accompanied by the studies referred to in paragraph 1 which have been submitted to the authorising authority for the previous application or for supervision, provided that: The information contained in the documents remains valid.

ARTICLE 14
Issue of fishing licences

The Transport Safety Agency shall issue a licence to the applicant who satisfies the conditions laid down in Articles 7 to 9 and Articles 11 and 12, the conditions for that authorisation and the explanations referred to in Article 13.

An inspection certificate shall be issued after the Inspection Safety Agency has inspected at the roadworthiness test site that the premises and equipment of the inspection site and other conditions for the granting of the roadworthiness test are met.

An inspection permit shall be issued at the centre of the survey.

Chapter 3

Requirements for the person and surveyor responsible for the shrimp operation

§ 15
Reliability of the person responsible for the shrimp operation and surveyor

The person responsible for the shrimp operation and the surveyor shall be reliable.

A person referred to in paragraph 1 shall not be considered reliable if he has been convicted:

(1) in the last 10 years, imprisonment of at least two years;

(2) in the last five years, a penalty for serious infringements of the provisions relating to the roadworthiness tests, registration or taxation of vehicles, or more than six months, but less than two years in prison for other offences; Which is considered to indicate that a person is manifestly unfit to conduct surveys;

(3) in the last three years, a term of imprisonment of up to six months for a crime which is deemed to indicate that a person is manifestly unfit to carry out surveys;

(4) in the last three years, repeated fines for traffic offences other than traffic offences.

The person referred to in paragraph 1 shall also be considered not to be reliable:

(1) the criminal charge and the examinations required for it, where these may have an effect on the conditions of a person's performance;

(2) if he has been convicted or suspended, and the driving ban has not ended;

(3) for a maximum period of five years, where he or she has done so pursuant to Article 43 (3) for a reason other than that provided for in this Article; or

(4) if during the last five years of his activity, pursuant to Article 44, repeated comments or written warnings or on the basis of Article 44 have been prohibited from carrying out roadworthiness tests.

ARTICLE 16
Closure of the person responsible for the shrimp operation and the surveyor

The Finnish Transport Safety Agency may decide separately on the request of the person or surveyor responsible for the inspection activities, or, if necessary, whether the surveyor or the person responsible for the survey shall be deemed to be reliable. For a maximum period of six months, the sentenced or prescribed sentence shall be considered as unfit for inspection.

The official liability of the person responsible for the shrimp activity and of the surveyor shall be governed by Article 52.

§ 17
Professional requirements for the surveyor

Basic training and further training are required from the surveyor. Continuous training shall consist of recurrent training and related training, special training and periodic recurrent training.

In addition, an appropriate workshop experience or similar experience, as well as practical experience in continuing training, will be required from the applicant.

Basic training is provided for in Article 18 and for further training in Article 19.

ARTICLE 18
Basic training for the surveyor

The surveyor of the periodic and control surveys shall be required at least as a basic training:

(1) technical vocational education qualifications and at least 30 credits, either in the field of basic and vocational training of a vocational higher education institution or in the field of basic and vocational training of the professional university;

(2) the law on vocational adult education, which is suitable for the purposes of surveys (1998) Specialised professional qualifications; or

(3) professional qualifications as referred to in the law on vocational adult education.

The surveyor of the surveyors other than the periodic and control surveys shall be required as a basic training course for the training referred to in paragraphs 1 or 2 of paragraph 1.

The basic training requirement laid down in paragraphs 1 and 2 shall be deemed to be met by a technical education establishment or equivalent technical level.

After consulting the Ministry of Education and Culture and the National Board of Education, the Transport Safety Agency shall, where appropriate, provide for more detailed provisions on which:

(1) basic and vocational studies shall be considered to be suitable for basic and professional training as referred to in paragraph 1 (1);

(2) specialised vocational qualifications are considered to be suitable for special professional qualifications as referred to in paragraph 1 (2);

(3) professional qualifications shall be considered as appropriate professional qualifications as referred to in paragraph 1 (3);

(4) technical level qualifications shall be considered as equivalent to technical degrees within the meaning of paragraph 3.

§ 19
Further training of the surveyor

Periodic roadworthiness tests for the control and control of light vehicles and heavy vehicles, as well as in order to preserve skills, shall be required from the Katsasta: Continuing training. The extensive checks on the brakes of heavy vehicles and the surveyor surveyor surveyors shall also be required to undergo special training corresponding to the roadworthiness tests.

The recurrent training period for the training of light vehicles referred to in paragraph 1 shall be a motor vehicle repair experience or equivalent experience. In addition to the initial and vocational training of the vocational training of the professional university, this experience is required for six months, in addition to the basic and vocational training of the other appropriate professional university, twelve months, and In addition to the special professional qualification or profession, for three years.

A six-month experience in the periodic training of heavy-duty vehicles referred to in paragraph 1 shall be six months' experience on the roadworthiness and control surveys for light vehicles, a comprehensive inspection of the brakes of heavy vehicles, Special training for special training for heavy-duty vehicles and for special training for registration, modification and coupling surveys six months' practical experience with the time-limits for the vehicles carrying out surveys, and Surveillance surveys.

More detailed provisions on further training will be laid down by a regulation of the Ministry of Transport and Communications. In addition, the decree of the Ministry of Transport and Communications provides for further training examinations and certification. However, the Transport Safety Agency shall lay down, where appropriate, provisions on the basis of assessment and acceptance of tests for further training.

§ 20
Derogation from basic training requirement

A person fulfils the basic training requirement of a surveyor as referred to in Article 18, if he has completed at least 30 credits, either within the meaning of Article 18 (1) (1), as referred to in Article 18 (1), as referred to in Article 18 (1); Initial and vocational training of vehicles or other appropriate basic and vocational training of machinery. The derogation is valid for 2 years following the final examination of the recurrent training for light vehicles.

ARTICLE 21
Professional requirements of the person responsible for the shrimp operation

The person responsible for the shrimp operation shall be required to check the following:

1) the training referred to in Articles 17 to 19; and

2) sufficient practical experience of roadworthiness tests.

The practical experience required by the person responsible for the rescue operation is laid down in more detail by a regulation of the Ministry of Transport and Communications.

Chapter 4

General requirements for the performance of inspections

§ 22
Initiation of the fishing permit

The roadworthiness tests shall commence within six months of the authorisation of the roadworthiness test. The Transport Safety Agency may, for specific reasons, extend the time limit.

ARTICLE 23
Balancing in survey activities

The holder of a boarding authorisation shall be obliged to receive and carry out the roadworthiness test of each customer, in accordance with its provisions and its roadworthiness certificate. Such checks shall be carried out regardless of the vehicle's marking, type, date of introduction and other similar considerations. However, the obligation to receive and carry out the roadworthiness test does not concern a light vehicle which, because of its normal abnormal dimensions, cannot be surveyed at the premises of the holder of the inspection permit.

The holder and the inspection post shall organise its activities in such a way that the assessment of the condition of the vehicle and the assessment of the conformity of the vehicle and the conformity assessment may have an impact on the outcome of the survey.

Where the holder of a roadworthiness test is marketed or provides roadworthiness tests together with a maintenance or repair or other measure directed at the vehicle, the roadworthiness test site shall be available in separate and separately priced As a measure. A distinction must be made between a check and a possible alternative to the vehicle, both in time and in a clear way.

§ 24
Derogation from the administrative law's obstacle requirement for roadworthiness tests

Without prejudice to the administrative law (434/2003) (1) (4), the surveyor may carry out the vehicle time and control survey, even though his or her employer has imported or sold the vehicle or which has been serviced or repaired in his company.

ARTICLE 25
Performance performed outside the scope of the survey

The holder of an inspection permit shall, on premises outside the premises of the inspection office, check the vehicles which are not possible because of the dimensions, masses or other characteristics of abnormal values generally allowed on the road. To check the premises of the inspection office or for which the roadworthiness test is otherwise unsuitable in the actual premises of the inspection office. In order to carry out the surveys to be carried out on the basis of the roadworthiness tests carried out outside the boarding office and the equipment and equipment used for the roadworthiness tests, this law and, accordingly, the roadworthiness test site Requirements laid down and imposed on premises, equipment and equipment.

In exceptional circumstances, the Finnish Transport Safety Agency may authorise the holder of a roadworthiness test permit to consider, for the time being, vehicles other than those referred to in paragraph 1 outside the roadworthiness test premises. The granting of authorisation shall be conditional on the availability of vehicles, due to their high number, road safety, environmental concerns or any other comparable reason, to be transferred to the inspection site for roadworthiness tests. In addition, the granting of an authorisation shall be conditional on the equipment and equipment to be used for roadworthiness tests carried out outside the roadworthiness test site, to the extent necessary for the roadworthiness tests to be carried out under this Law and under it. The requirements laid down and imposed on the premises, equipment and equipment of the inspection office itself.

The Finnish Transport Safety Agency may lay down more detailed provisions on the premises, equipment and equipment to be used for the roadworthiness tests referred to in paragraphs 1 and 2, as well as the types of vehicles which may be inspected under paragraphs 1 and 2 Outside the control office.

§ 26
Notification of service records and surveys in the Register of Inspection Service

The holder of a review authorisation shall have direct access to the Register of Inspection Services:

(1) the name, location and contact details of the inspection site;

(2) roadworthiness tests by means of roadworthiness tests, in which case surveys are generally available on the spot;

(3) information on the surveys to be provided and the charges levied on them in general by category of vehicles and surveys.

For specific reasons, the Transport Safety Agency shall have the right to modify the data stored in the Register of Inspection Services if it identifies errors or omissions. Before the Agency changes the data stored in the inspection services register, the holder of the licence shall be given an opportunity to be heard.

The Transport Safety Agency shall provide more detailed technical provisions for the information to be reported in the Register of Inspection Services and how to make the notification in the register.

Article 26 enters into force on 1 July 2015.

§ 27
Retention and disposal of inspection documents

The boarding office shall, as soon as possible after completion of the roadworthiness test, send the registration, modification and coupling survey certificates and other documents to the Traffic Safety Agency as soon as possible. Without prejudice to the confidentiality rules, the Transport Safety Agency shall, without prejudice to the provisions of confidentiality, surrender these certificates and documents, as well as other documents necessary for roadworthiness tests, with a technical service to the inspection offices for the purpose of roadworthiness tests.

Certificates and other documents other than those referred to in paragraph 1 shall be kept at the inspection site. The documents and inspection certificates for the periodic survey shall be kept for at least two years and other documents for at least 15 years.

ARTICLE 28
Termination of inception activities

At the end of or at the end of the operation of the inspection post, the holder of the permit shall submit the documents and forms directly related to the survey to the Traffic Safety Agency at its request. These documents shall otherwise be subject to the provisions of Article 27.

Chapter 5

Continuous training authorisation

§ 29
Continued training provider

The continuing training of persons and surveyors responsible for inspection activities shall be authorised by the Traffic Safety Agency to provide further training. The Transport Safety Agency shall also authorise the organisation of an individual continuing training session. The organiser of such an event shall be subject to the provisions of this Act and shall accordingly provide for the applicant for further training and the authorisation of further training.

Where appropriate, the Transport Safety Agency may provide specialised and in-service training.

ARTICLE 30
Conditions for granting further training

A continuous training permit shall be granted to the applicant if:

(1) the applicant has the right to pursue a business in Finland;

(2) the applicant is not bankrupt, and if the applicant is a natural person, he is of legal age and is not limited in scope;

(3) the applicant has a full-age and expert training officer who is not bankrupt and whose viability is not limited;

(4) the applicant has access to adequate and qualified teaching staff familiar with the survey activities;

(5) the applicant has sufficient and suitable facilities at his disposal;

(6) the applicant has access to the necessary teaching material and equipment;

(7) the applicant shall have a detailed training programme setting out the lessons to be learned, the timetables and the planned teaching methods.

ARTICLE 31
Application for further training

Further training is requested in writing from the Transport Safety Agency. The application shall be accompanied by:

(1) an explanation of the extent to which the right to education is sought;

(2) information on the person responsible for the training activities and their training and experience in relation to surveys;

(3) a description of the professional skills of the main teaching staff;

(4) a description of the teaching material;

(5) a description of the content of the training, showing the lessons to be learned and their timetable and teaching methods;

(6) information on the places where training is mainly provided, as well as an explanation of the possibilities of practical training required and the practical arrangements for written tests;

7) an assessment of when training activities are to be launched.

At the request of the Transport Safety Agency, the applicant for authorisation shall present the teaching material used in training to the Agency as a whole.

If the applicant for a further training authorisation has a valid extension certificate, the application shall not be accompanied by the studies referred to in paragraph 1 which have been submitted to the authorising authority for the previous application or for supervision, provided that: That the information contained in the documents is still valid.

ARTICLE 32
Issue of continuous training

The Finnish Transport Safety Agency shall grant a further training permit to an applicant who fulfils the conditions laid down in Article 30 and submits the reports referred to in Article 31.

§ 33
Experimentation on further training and preservation of documents

The Transport Safety Agency shall organise the final examinations for recurrent training and the training of the other training provider in the field of further training.

The test document shall be kept for five years and the results of the tests for 10 years shall be kept by the organiser of the periodic training tests.

§ 34
Equal opportunities in continuing training

The holder of a continuous training authorisation shall be obliged to provide continuous training to all persons meeting the basic training requirement.

The holder of a continuous training authorisation shall organise training in Finnish or Swedish. Applicants for training have the right to receive training in their own language, Finnish or Swedish.

ARTICLE 35
Derogation from the requirement of the administrative law to be hindered in further training

Article 28 (1) (4) of the Administrative Code does not apply to the training activities of the holder of the continuous training authorisation.

Chapter 6

Control

Monitoring of the adequacy of the activities
§ 36
Monitoring of shrimp activities

The Transport Safety Agency shall monitor the regional supply of the inspection services, the development of the fees to be recovered and the conduct of the survey activities. The Agency shall report annually to the Ministry of Transport and Communications on the results of the monitoring.

ARTICLE 37
Control

Compliance with this law and the provisions adopted under it is subject to the control of the Finnish Transport Safety Agency.

The Transport Safety Agency shall check at least every five years that the holder of the permit and the extension authorisation holder continues to fulfil the conditions for authorisation.

ARTICLE 38
Information to the Authority

The holder of a review authorisation shall, upon request, provide, without prejudice to the confidentiality provisions, the information necessary for the purposes of monitoring the Traffic Safety Agency, including information on the holder's accounts, treasury management, administration, premises and equipment Of persons carrying out surveys and surveys and surveys carried out. In addition, without prejudice to the confidentiality provisions, the holder of the inspection authorisation shall, at the request of the Transport Safety Agency, provide information on the control, monitoring and research activities of the Transport Safety Agency, during the previous and the current year, Average charges levied on roadworthiness tests by roadworthiness tests and vehicle categories.

Upon request, the holder of the continuous training authorisation shall, without prejudice to the confidentiality rules, provide the Transport Safety Agency with the information necessary to monitor compliance with this law and the provisions adopted pursuant thereto, including information on training Of the European Parliament and of the Council.

The holders of an inspection and further training authorisation shall immediately inform the Transport Safety Agency of any significant changes in the persons responsible for the operations and other activities. In addition, the holder of the licence shall inform the Agency of any changes in its ownership.

ARTICLE 39
Inspection of the location and place of training

The Transport Safety Agency shall have the right to carry out any checks necessary for the performance of the supervisory tasks referred to in this Act in places where there is a permit or activity intended to be carried out in the licence or in the continuing training permit. The authorisation holder shall be obliged to organise the conditions in such a way as to enable the inspection to be carried out. Inspections shall not be carried out in the premises of a permanent residence. The audit shall respect the provisions of Article 39 of the Administrative Code.

ARTICLE 40
Inspection of the site by the contracting partner

The Agency may carry out the verification referred to in Article 39 with the private service provider. The premises and the premises of the holders of the downstream authorisation holders and the items to be checked shall be set out in detail with the service provider.

The contractor referred to in paragraph 1 and the other person who carries out his duties shall be competent to carry out the checks in question. The inspection shall be accompanied by a certificate issued by the Road Safety Agency on his right to carry out inspections. Upon request, the certificate shall be presented to the representative of the holder of the permit holder or the holder of the further training permit. Article 52 of the Staff Regulations of Officials of the European Parliament and of the Council.

The Transport Safety Agency shall ensure that the inspections are carried out in accordance with the provisions of the provisions of the contract and the checks carried out by the contracting parties. The contractual partner referred to in paragraph 1 shall be obliged to provide the Transport Safety Agency with a report on each of the deficiencies identified in the inspection and inspection, as in the case of carrying out inspections. Agreement is agreed. The report shall also be notified to the holders of the permit and further training authorisation concerned.

ARTICLE 41
Inspection of the inspected vehicle

In order to control the inspection of the inspection site, the Traffic Safety Agency shall, immediately after inspection, carry out the inspection or part of the inspection carried out on the vehicle. In order to carry out the inspection, the official of the Traffic Safety Agency shall stop the vehicle before it is removed from the inspection site. The inspection shall be carried out in such a way as to cause as little effort as possible for the driver of the vehicle inspected.

The inspection referred to in paragraph 1 shall be carried out on the premises and equipment of the inspection site referred to in paragraph 1. The inspection shall be subject to the provisions of the Act on Vehicle Licences and on the basis thereof.

The Transport Safety Agency shall be allowed to participate in the technical roadside inspection referred to in the Vehicle Act, where the purpose of such participation is, in addition to the inspection provided for in Article 70 of that law, to supervise the inspection posts in the roadworthiness tests. An official of the Finnish Transport Safety Agency shall act as a technical expert on the vehicle instead of the person entitled to carry out the survey. The official of the Transport Safety Agency shall have the same powers as the person entitled to carry out the roadworthiness test according to Article 71 of the Code of Vehicle.

For the purposes of the checks referred to in paragraphs 1 to 3, the Authority shall have a certificate issued by the Agency for the right to carry out the inspection. Upon request, the certificate shall be presented to the driver of the vehicle inspected.

ARTICLE 42
The imposition of a vehicle on a surveillance survey

In order to control the inspection of the inspection site, the Finnish Transport Safety Agency may impose a vehicle surveillance survey at a roadworthiness test site close to the vehicle, where the inspection referred to in Article 41 finds or receives Otherwise, there appears to be a defect or defect in the vehicle's condition or in conformity with which the vehicle should have been rejected in the previous survey. If the vehicle is not approved in the time prescribed by the Traffic Safety Agency, the vehicle shall not be used in transport.

Sanctions for control purposes
ARTICLE 43
Withdrawal of the permit and notice and warning

The traffic safety agency shall withdraw the licence if:

(1) the operation of the inspection site has been completely closed; or

2) the holder of the permit has been declared bankrupt.

The Traffic Safety Agency shall suspend or revoke the permit for a roadworthiness test if:

(1) at the roadworthiness test site, no regular surveys or activities shall be conducted in accordance with the declaration made in the registry services register;

(2) the holder of the licence no longer fulfils the conditions for issuing the roadworthiness test; or

(3) the personnel performing roadworthiness tests at the roadworthiness test site do not meet the required professional or reliability requirements.

The Finnish Transport Safety Agency may suspend or revoke the inspection permit if:

(1) vehicles which are clearly not in conformity with the provisions and regulations have been approved for the roadworthiness test;

(2) vehicles which have not been taken into account for all apparent defects or deficiencies have been rejected;

(3) the need to repair the defects or defects of vehicles unnecessarily;

(4) the number of defects or deficiencies detected in the surveys, or the relative proportion of the vehicles rejected during the first survey, unduly diverges significantly from the site surveyed or from the general national Or the actual condition of the vehicles presented for roadworthiness tests;

(5) the survey has failed to carry out controls relating to the taxation of vehicles or otherwise failed to carry out a task which is expressly provided for in the survey; or

(6) there has been a breach of the equality requirement laid down in Article 23, or any other requirement laid down or imposed by this law.

The Traffic Safety Agency shall, however, make a comment and, where appropriate, a written warning to the holder of the licence and, where appropriate, a written warning if the withdrawal of the authorisation would be disproportionate. Where the reason for the withdrawal of the licence or of a warning or notification is such that it can be rectified, the Traffic Safety Agency shall, prior to the withdrawal of the authorisation, issue a warning or warning: The possibility for the authorisation holder to remedy a deficiency or omission within a reasonable period. The authorisation may be withdrawn if the defect has not been corrected within the time limit.

ARTICLE 44
Prohibition of carrying out checks and a warning and warning to surveyors

The Transport Safety Agency may, for a limited period of not more than six months, prohibit the surveyor from carrying out roadworthiness tests if he is in the survey:

(1) approved vehicles for use in transport which are manifestly not in conformity with the provisions and regulations;

(2) rejected vehicles which have not been taken into account all apparent defects or deficiencies;

(3) unnecessarily correcting defects or defects in the vehicle;

(4) failed to carry out controls relating to the taxation of vehicles or otherwise failed to carry out a task which is specifically provided for during the survey; or

(5) infringed the requirement of equal treatment provided for in Article 23, or any other requirement laid down in this Act or by virtue thereof.

However, the Traffic Safety Agency shall make a comment and, where appropriate, a written warning to the surveyor, in place of the prohibition of roadworthiness tests, if the prohibition is disproportionate and the infringements or omissions are minor.

ARTICLE 45
Provisional measures in response to deficiencies in survey activities

Where it is apparent that there are significant deficiencies or irregularities in the inspection activities of the holder or surveyor of the inspection permit, the Finnish Transport Safety Agency may temporarily prohibit the exercise of the authorisation of the holder of the roadworthiness test The surveyor of the surveyor and, where appropriate, prevent the holder or the surveyor from using the vehicle traffic register and from depositing the information in the information system. The temporary prohibition and the prevention of use and deposit shall remain in force until the matter of the withdrawal of the licence or the prohibition of the testing of roadworthiness tests has been definitively settled pursuant to Article 43 or 44. The matter must be resolved without undue delay.

The temporary prohibition referred to in paragraph 1 and decisions to prevent the use and storage of the information system shall be taken in spite of the appeals made.

ARTICLE 46
Prohibition on operating the premises or equipment of the site

If the inspection or otherwise it is found that the premises or equipment used for the roadworthiness test does not comply with the requirements laid down in this law or in the provisions adopted pursuant to it, the Agency may prohibit the operation of the premises Or the use of the device, or limit its use until the premises and equipment have been brought into conformity with the provisions and regulations.

§ 47
Withdrawal of the extension authorisation and a comment and a warning to the holder of the extension authorisation

The Safety Agency shall suspend or revoke a further training permit if the holder of the extension authorisation no longer fulfils the conditions for the authorisation.

The Transport Safety Agency may suspend or revoke a further training authorisation if:

(1) training provisions have not been complied with; or

(2) training has not been conducted in accordance with the authorisation or otherwise properly.

However, the Transport Safety Agency shall make a comment and, where appropriate, a written warning, in place of the extension of the authorisation, in place of the extension of the authorisation, if the withdrawal of the authorisation is disproportionate. Where the reason for the withdrawal of an extension or a warning or notification is such that it can be rectified, the Finnish Transport Safety Agency shall, prior to the withdrawal of the authorisation, issue a warning or warning: The possibility for the authorisation holder to remedy a deficiency or omission within a reasonable period. The authorisation may be withdrawn if the defect has not been corrected within the time limit.

Chapter 7

Outstanding provisions

ARTICLE 48
Personal data records

Without prejudice to the confidentiality of information, the Transport Safety Agency shall be entitled to receive the necessary information on the criminal record and the procedures for issuing and withdrawing a vehicle registration certificate, 10 And the decision-making referred to in Article 16 and the control referred to in Chapter 6. In the context of the measures referred to in Article 43 and in the context of the decisions referred to in Articles 10 and 16, the information on a criminal offence may be disclosed to the applicant or to the applicant or 9 Or the person or surveyor of the surveyor who requested the decision.

ARTICLE 49
Professional secrecy

The holder of the permit or the applicant, or the person concerned, shall not disclose information on the offence of the person referred to in Articles 9 and 15, obtained in accordance with Article 48, from the criminal record or the vehicle registration register.

§ 50
Forced means

The Transport Safety Agency may impose on the obligation to provide documents and forms referred to in Article 28, the disclosure requirements laid down in Article 38 and the prohibition or restriction referred to in Article 45, the penalty payment. The penalty payment is otherwise provided for in the (1113/1990) .

Anyone who fails to comply with the obligation, prohibition or restriction imposed by this law shall not be punished for the same offence.

ARTICLE 51
References to penal provisions of criminal law

Penal punishment is punishable under criminal law (39/1889) Article 16 (9) .

Penalties for breach of professional secrecy Chapter 38 of the Criminal Code Articles 1 and 2 and Section 5 of Chapter 40.

ARTICLE 52
Civil liability

To the person responsible for the shrimp operation and to the surveyor for the tasks related to the survey, the person responsible for further training of the surveyors and the continuing training, in the course of further training, and in Articles 5 and 40 Shall be subject to the provisions of criminal law relating to criminal law.

Liability for damages is governed by the law on damages (1999) .

ARTICLE 53
Corrigendum and appeal

In the case of the permission of the holder of the licence and the training of the holder of the continuing training permit, the decision of the holder of the training permit shall require an adjustment from the Transport Safety Agency as provided for in the Administrative Act.

The decision to be taken by the Traffic Safety Agency, or otherwise concluded by virtue of this law, shall be brought to an end, as provided for in the Administrative Loan Act. (18/06/1996) . The decision of the administrative court may appeal against the appeal only if the Supreme Administrative Court grants an appeal.

ARTICLE 54
Official assistance

The police shall be obliged to provide official assistance in order to carry out the supervisory tasks referred to in this Act.

ARTICLE 55
Provision of information on a suspected criminal and non-fit vehicle

Notwithstanding the secrecy provisions, the authority responsible for examining, prosecuting or driving a criminal offence shall inform the Transport Safety Agency of any suspected criminal offence which may affect the assessment of Article 9 (1) Of the applicant and of the person referred to in Article 15, or the reliability of the person referred to in Article 15.

The traffic control authority shall, without prejudice to the secrecy provisions, inform the Transport Safety Agency of the defect or defect found in the vehicle in connection with surveillance, which appears to have been in the vehicle for the last time: The survey carried out.

ARTICLE 56
More detailed provisions

More detailed provisions on the implementation of this law are laid down by the Government Decree. The Decree of the Council of State also provides for the setting up, the composition and the tasks of the Advisory Committee on Transport to assist the Transport Safety Agency.

More detailed provisions on the conditions and the quality management system and the documents to be retained at the roadworthiness test site may be issued by a regulation of the Ministry of Transport and Communications.

Chapter 8

Entry into force and transitional provisions

ARTICLE 57
Entry into force

This Act shall enter into force on 1 July 2014. However, Article 3 (1) (6) and Article 26 shall not enter into force until one year after the entry into force of this Act.

This law repeals the law on vehicle roadworthiness licences (999/1998) (hereinafter ' the Repeal the law .

ARTICLE 58
Transitional provisions

1. The provisions adopted under the repealed Law remain in force.

2. When the entry into force of this Act, the existing roadworthiness certificates shall be valid for a specified period of time. Such authorisation shall be carried out in accordance with the provisions in force at the time of entry into force of this Act. However, the authorisation holder shall deposit the information referred to in Article 26 in the checking services register. In addition, Articles 37 to 46 shall apply.

3. If, at the time of entry into force of this Act, the validity of a roadworthiness permit expires earlier than three years after the date of entry into force of this Act, the holder of the authorisation may continue to carry out the roadworthiness tests under that licence for three years. After the date of entry into force of this Act, prior to the expiry of the authorisation, in writing. Where such notification has been made, the holder of the authorisation shall carry out roadworthiness tests during that period in accordance with the provisions in force at the time of entry into force of this Act. However, the authorisation holder shall deposit the information referred to in Article 26 in the checking services register. In addition, Articles 37 to 46 shall apply.

4. The holders of all surveys shall deposit the information referred to in Article 26 on the inspection services register within one month of the entry into force of that Article.

5. In accordance with Article 15 of the repealed Law, the branch office in operation at the time of entry into force of this Act may continue its activities as such, pending the continuation of the activity pursuant to Article 15 (2) or (3), of which the branch is referred to in Article 15 of this Act. § taken care of. However, six months after the roadworthiness tests referred to in Article 6 (1) of this Act, the right of the holder to carry out the roadworthiness tests referred to in Article 6 (1) shall cease to operate in the area.

6. By way of derogation from paragraphs 2 and 3, the rights in force at the time of entry into force of this Act shall expire one year after the date of entry into force of this Act.

7. Any person who, at the time of entry into force of this law, fulfils the required standard of competence required by the roadworthiness tests shall be deemed to comply with the professional standards laid down in Article 17 and in accordance with this law, if he or she does Including supplementary training at the intervals laid down in the special training test.

8. Any person who, at the time of entry into force of this Act, fulfils the required standard of competence for a survey activity shall be deemed to comply with the professional standards laid down in Article 21 and in accordance with this law if he or she does Including supplementary training at the intervals laid down in the special training test. In accordance with Article 29 of the repealed Law, a qualified person shall carry out the missing specialised training test no later than three years after the entry into force of this Act and at the intervals thereafter.

9. Certificates and other documents for registration, modification and connection checks made before 2 November 2007 shall be held at the roadworthiness test site for 15 years.

10. At the time of the entry into force of this Act, the existing training rights shall remain as such.

THEY 17/2013 , No 13/2013, EV 126/2013