Amendments To The Latvian Code Of Administrative Offences

Original Language Title: Grozījumi Latvijas Administratīvo pārkāpumu kodeksā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/192083

The Saeima has adopted and the President promulgated the following laws: the amendments to the Latvian Code of administrative offences in the Latvian Code of administrative offences the following amendments: 1. Article 43: turn off in the first paragraph, the words "sea and river";
to supplement the article with the third part as follows: "on maritime transport established in sanitary facilities and sanitary regulations of the pretepidēmisk — imposes a fine natural persons from fifty to two hundred lats, but the entities — from three hundred to three thousand lats."
2. Replace the sixth subparagraph of article 87.1 of the word "River" with the words "inland waters".
3. Supplement article 115 with the second part as follows: "for the rest of the ships in this article 115.1, 116.1, 117.3 117.9 Article 117.1 and — considered a sport and recreation for the shipping agent that will be from 2.5 to 24 meters, which is not used for commercial purposes and who is not a professional crew, as well as watercraft."
4. To supplement the code with 116.1 and 116.2, 116.3, 116.4 article as follows: "article 116.1. The location on the Board (excluding recreational craft), alcohol, drugs, psychotropic, toxic or other intoxicating substances affect of being on board a ship from the influence of alcohol or other service of the guard duties in the free time, if the exhaled air or blood test found a blood alcohol content exceeding 0.5 [permil], — imposes a fine seaman from fifty to a hundred lats.
About being on board the influence of alcohol or other service of the guard in the course of their duties, imposed a fine of one hundred to a sailor five hundred lats.
About being on board the illicit manufacture of narcotic drugs, psychotropic, toxic or other intoxicating substances affect — imposes a fine of one hundred to a sailor five hundred lats.
Alcoholic beverages, narcotic, psychotropic, toxic or other intoxicating substance use by marine accidents, as well as after the ship stopped at the request of the institution responsible for maritime safety, to check, the result of which determines the blood alcohol content or find drugs, psychotropic, toxic or other intoxicating substances, the impact of or exemption from these checks in the order — imposes a fine of one hundred to a sailor five hundred lats.
Waiver of medical tests to determine the concentration of alcohol or narcotic, psychotropic, toxic or other intoxicating substances impact test — imposes a fine of one hundred to a sailor five hundred lats.
Article 116.2. Ships, ports, port facilities and harbour area next to the violation of the requirements for the protection of the operation without the international ship security certificate or interim international ship security certificate or after their expiry, or without the attestations of compliance in those intermediate — imposes a fine natural persons from one hundred to five hundred lats, but the entities — from a thousand to ten thousand lats.
On other laws or Board protection plan specified in the ship security breaches — the fine imposed on natural persons from one hundred to five hundred lats, but the entities — from a thousand to ten thousand lats.
On port or port facilities or ports adjacent to the operation of the territory without a port or port facility protection compliance approval or after its expiry, or without the attestations of compliance in the interim — imposes a fine natural persons or officials from one hundred to five hundred lats, but the entities — from a thousand to ten thousand lats.
On other legislation or a port or port facility or port-adjacent areas protection required in the port or port facility protection requirements-infringement-fines imposed on natural persons or officials from one hundred to five hundred lats, but the entities — from a thousand to ten thousand lats.
About uzkļūšan, or stay on board the ship from entering a port or port or residence, or the adjacent to the port area, as well as on board, in a port or port facility or port next to the area within the restricted area, in violation of the laws or protection in the procedures of plan — imposes a fine of fifty to two hundred and fifty lats.
The port and the waterworks structures, appliances and equipment (except navigation features) corruption, impose a fine natural persons from one hundred to two hundred and fifty lats, but the entities — from five hundred to five thousand lats.
Article 116.3. Latvian maritime administration interference on the Latvian maritime administration officials the legitimate claims of default, with the maritime administration of Latvia agreed actions without proper consent, failure to provide information or providing false information to the maritime administration of Latvia: imposes a fine natural persons from one hundred to two hundred and fifty lats, but the entities — from five hundred to five thousand lats.
Article 116.4. National armed forces naval coast guard service interference On national armed forces naval Coast Guard officers the legitimate claims of default, failure to provide information or providing false information to the national armed forces naval coast guard service or for obstructing a national armed forces naval coast guard service to search and rescue operational work in the maritime search and Rescue Coordination Center in areas of responsibility — the fine imposed on natural persons from one hundred to two hundred and fifty lats but the entities — from five hundred to five thousand lats. "
5. Turn off the eleventh subparagraph of article 117.1.
6. turn off the words in article 117.7 "internal waters".
7. Express article following 117.10: "117.10 article. The navigation features of sis themes for infringements of the provisions of the maintenance Of AIDS to navigation the holder of obligations — failure to impose fine natural persons from fifty to two hundred and fifty lats, but the entities — from five hundred to five thousand lats.
The navigation features of the arbitrary removal of the installation, relocation, or covering up the navigation features like object placement — imposes a fine natural persons from fifty to two hundred and fifty lats, but the entities — from five hundred to five thousand lats.
The navigation features of corruption — imposes a fine natural persons from fifty to two hundred and fifty lats, but the entities — from five hundred to five thousand lats. "
8. Turn off article 119.
9. Article 120: turn off the title, the words "the sea, the river";
turn off the first paragraph, the words "sea and river".
10. Article 134: turn off the title, the words "sea and river";
turn off the first paragraph, the words "sea or river".
11. Replace article 138 name, the word "River" with the words "inland waters".
12. Turn off number in article 213 and the words "the second paragraph of article 116".
13. Replace the figures "in article 214 117.2 — 117.9" with numbers and words "— article by 117.6 117.7 117.2 (on irregularities that made the rest of the ship Manager internal waters), 117.8, 117.9".
14. Replace the first subparagraph of article 214.1 numbers "— 117.2 117.8" with numbers and words "— article by 117.6 117.7 117.2 (on irregularities that made the rest of the ship Manager internal waters), 117.8".
15. off 217. article.
16. Article 226.1: Add to the first paragraph after the number "116." with the number "116.1";
make the second paragraph as follows: "to consider the administrative offences and impose administrative penalties on behalf of State border guard are eligible: 1) the national border guard Chief, Chief of the State border guard of the authorized State border guard chiefs of territorial administrations and their deputies, of administrative offences provided for in the first paragraph of this article;
2) State border guard superior empowered the territorial administrations of the State border guard of the border inspection post of the chiefs and their deputies, chiefs of the border units and their deputies, the immigration services (Department) boss, the Immigration Department's senior assignment, the ship (boat) masters, as well as the frontier site assignment change older ones — about administrative offences provided for in the first paragraph of this article (except for administrative offences provided for in this code and in article 114.2 114.3). "
17. the express article following 226.2: "226.2 article. National armed forces naval coast guard service national armed forces naval Coast Guard officers examined 115 of this code, provided for in article 116.4 and 117.10 administrative infringement cases.
Consider the case of administrative offences and impose administrative penalties on national armed forces naval coast guard service are entitled in the name of national armed forces naval Coast Guard Chief and national armed forces naval Coast Guard Chief notified heads of unit and Deputy.

National armed forces naval Coast Guard officers are entitled to draw up a Protocol on administrative violation of this code, and the 115-116.4 117.10 116.2 article administrative violations.
In the second part of this article, the officials also indicated the Latvian maritime administration and the harbour master of administrative offence drawn up protocols: 1) the Latvian maritime administration officials drawn up protocols on administrative offences code, this 115, 116, 116.2 115.1, and provided for in article 116.3 117.10 administrative violations;
2) port captains of administrative offences drawn up protocols on administrative offences provided for in this code and article 115:116.3 117.10 (if the infringement was committed in the port or port pievedceļo). "
18. Add to article 228 of the fourth subparagraph by the following: "in the second paragraph of this article, the officials also indicated the Latvian maritime administration and the harbour master (where the infringement was committed in the port or port pievedceļo) drawn up protocols on administrative offences article 43 of this code is provided for in the third paragraph, the administrative offences."
19. Add to article 249 of the second part of the sentence the following wording: "If a Protocol drawn up on the Latvian vessel outside the internal waters, it should be sent no later than seven working days from the moment of composing."
20. Supplement article 257 the first subparagraph following the words ' food and veterinary service Director-General and his authorised persons "with the words" or authorized officials of the Ministry of traffic, the Latvian maritime administration Director of the authorized officials of the armed forces, the National Navy Coast Guard Chief or his authorized officer or port captains ".
21. Supplement article 260 the third paragraph with the sentence as follows: "in cases where the administrative liability called the foreign owner, bareboat charterer or operator, the case can be dealt with without their presence, the agents are inviting the master."
22. Replace the second paragraph of article 269 of the figure "118." with numbers ", 117.4 117.1, 117.2, 117.5, 117.3, 117.8, 117.6, 117.7, 117.10, 117.11 117.9,".
23. Add to article 270 to sixth by the following: "things about administrative violations in maritime transport, if the infringement committed by a foreign ship owner, bareboat charterer or an operator or a foreign crew member of the vessel, within three working days from the date of the offence, except in the case of this code, provided for in article 116.1 administrative violations, related to the illicit manufacture of narcotic drugs or other intoxicating substance use, and need to get expert opinion. The following matters shall, not later than three working days after receipt of the opinion of the expert. "
24. in article 277: replace the first paragraph, the number "116." with the number "114.3";
to supplement the article with the third part as follows: "If the authorities or officials consider article 43 of this code, third paragraph 115, or 116.2 117.10 administrative offences provided for in article things, its on the infringer of the penalties imposed shall notify the maritime administration of Latvia. On the penalties imposed for the Latvian maritime administration shall notify his employer. "
25. To supplement the article with 283. the third paragraph as follows: "the complaint or protest shall not suspend the decision on the imposition of the administrative penalty execution cases about administrative violations in maritime transport and protection of the environment by a foreign ship owner, bareboat charterer or an operator or a foreign crew member."
26. To complement the 291. the third paragraph of article after the number and the words "the third paragraph of article 299.1" with the words "or article 299.2 and the second part".
27. Supplement article 299.2 of the code with the following: "Article 299.2. The decision on the imposition of the fine execution cases about administrative violations in maritime transport and protection of the environment if the fines for administrative offences in sea transport is not paid within a specified period, to pay the fine to the Latvian maritime administration: 1) the infringer shall not be issued to the professional qualifications of the supporting documents;
2 take the vessel) are not current, which is located in the management of the infringer or to which the offence was committed;
3) recorded, which is located in the management of the infringer or to which the infringement is committed.
About administrative offences in maritime transport or the environment, if done in a foreign ship owner, bareboat charterer or an operator or a foreign crew member, the fine must be paid not later than three days from the date of imposition of the fine.
National armed forces naval Coast Guard has the right to prohibit the vessels with which the offence was committed, to leave Latvia, if not paid the fine in accordance with the second paragraph of this article. The right to implement the ban, in assessing the gravity of the infringement, atkārtotīb, offending the personality and the potential to avoid the payment of the fine. "
28. Add to the informative reference to European Union directives, with 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 as follows: "6) Council of 11 December 1997 Directive 97/70/EC setting up a harmonised safety regime for fishing vessels of 24 metres in length or more;
7) Council of 17 March 1998 Directive 98/18/EC on safety rules and standards for passenger ships;
8) Council of 18 June 1998, Directive 98/41/EC on the registration of persons sailing on board passenger ships operating to or from ports of the Member States of the community;
9) Council of 29 April 1999, Directive 1999/35/EC on a system of mandatory surveys for the ro-ro ferry or high-speed passenger craft on regular traffic safety;
10) of the European Parliament and of the Council of 4 April 2001, Directive 2001/25/EC on the minimum level of training of seafarers;
11) of the European Parliament and of the Council of 4 December 2001, Directive 2001/96/EC, establishing harmonised requirements and procedures for the safe loading and unloading of bulk carriers;
12) the European Parliament and of the Council of 27 June 2002 Directive 2002/59/EC establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC;
13) of the European Parliament and of the Council of 14 April 2003 of Directive 2003/25/EC on specific stability requirements for ro-ro passenger ships;
14) of the European Parliament and of the Council of 16 June 2003 of Directive 2003/44/EC, amending Directive 94/25/EC on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft;
15) the European Parliament and of the Council of 7 September 2005 of Directive 2005/45/EC on the mutual recognition of seafarers ' certificates and amending Directive 2001/25/EC;
16) of the European Parliament and of the Council of 26 October 2005 of Directive 2005/65/EC on port hardening;
17) the European Parliament and of the Council of 5 November 2002 Directive 2002/84/EC amending the directives on maritime safety and the prevention of pollution from ships. "
The Parliament adopted the law in 2009 on April 30.
In place of the President of the parliamentary President G. Lot in Riga 20 May 2009 an editorial added: the law shall enter into force on the 3 June 2009.