The Procedures For Issuing, Withdraw Or Suspend The Special Permissions (Licenses) And License Card Commercial With Road Transport

Original Language Title: Kārtība, kādā izsniedz, anulē vai uz laiku aptur speciālās atļaujas (licences) un licences kartītes komercpārvadājumu veikšanai ar autotransportu

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.vestnesis.lv/ta/id/101889

Cabinet of Ministers Regulations No. 120 in 2005 (8 February. 8. § 44) procedures for issuing, withdraw or suspend the special permissions (licenses) and licenses with commercial cards issued under the road transport Act, the fourth paragraph of article 6 and article 30 of the fifth part i. General questions 1. determines the order in which the State limited liability company "Autotran port Directorate" (hereinafter referred to as the authority) issued, annulled or suspending the special permission (license) commercial transport with road transport (hereinafter referred to as a special permit (license)) and the license allowed for the monitoring of road transport cards.
2. The institution shall decide the issue of special permission (license) granted consent, withdrawal or suspension of the licence and withdrawal or suspension of the card on time, you can create a licensing Commission. The Licensing Commission decision is advisory in nature. Licensing Commission shall include qualified professionals of the sector of road transport, including representatives of non-governmental organizations.
3. the institution shall decide on: special permit 3.1 (license) or extension for a period not exceeding five years;
3.2. special permission (license) to the new term of the renewal, which shall not exceed five years;
3.3. refusal to grant, a special extended or re permission (license);
3.4. special permission (license) the suspension of validity;
3.5. special permission (license) cancellation;
3.6. stop special permission (license) restoration of validity;
3.7. the carrier or the person responsible for non-compliance with good repute;
warning UR3.8.br the expression of the carrier;
3.9. license suspension or withdrawal of a card;
3.10. the issue of suspension.
4. the carrier body decision can be challenged in the administrative process, the Ministry of transport control regulations.
5. the institution shall issue the special permit (license) for a period of not less than one year, but not exceeding five years (by special permission (license) the choice of the claimant), the following types of transport: road passenger transport with 5.1 buses in the territory of Latvia;
5.2. international passenger transport by coach and bus;
5.3. transport of cargo by truck a whole. threshing in Latvia;
5.4. international goods transport with goods are allowed for automob.
6. The special permission (license) specifies the following general information: 6.1. special permission (license) (in accordance with the provisions of paragraph 5) and number;
6.2. the carrier (merchant), merchant name, legal address, business registration certificate issued by the registry number or foreign merchant branch registration certificate number and date of registration;
6.3. the date of the decision of the special permission (license) award (extension, renewal);
6.4. date when a special permit (license) shall enter into force;
6.5. special permission (license) expiry date;
6.6. the head of the institution.
7. the institution based on the decision of the special permission (license) the granting, extension, or renewal to a new term of licence cards shall be issued in respect of each road vehicle as proof that carry a charger: the autotran feature for the port owner or keeper is determined in these rules, in the order received a special permit (licence) komercpārvad you in the business of road transport. Such licences shall be issued for a period of a card that is not less than a month, but not more than 12 months, the following types of transport: road passenger transport with 7.1 buses in the territory of Latvia;
7.2. transport of cargo by truck a whole. threshing in Latvia;
7.3. international goods transport by truck, the booking with a total permissible mass not exceeding 3.5 tonnes (excluding trailers).
8. the licence card shall bear the following information: General 8.1. special permission (license) (in accordance with the provisions of paragraph 5) and number;
8.2. license cards (in accordance with the provisions of point 7) and number;
8.3. the carrier (merchant), the merchant or the foreign merchant affiliate name, legal address;
8.4. the date when the license card takes effect;
8.5. the period of validity of the licence card;
8.6. the vehicle's make, model, State registration number;
8.7. the date of issue of the licence card.
9. Consideration of the application or renewal of the licence to the new time limit, as well as the issue of a licence card and renewal is performed for a fee in accordance with the annex.
10. Fee for the examination of the application for the licence or a trācij to the new pārreģ, as well as the issue of a licence card or renewal shall be determined in accordance with the laws and regulations of the Ministry of transport sectors provided under public service rates of pay.
II. Requirements for the carrier special permissions (licenses) receiving 11. Carrier may get special permission (license) if the carrier is: 11.1. sufficient financial resources to ensure the creation of a competitive us Compa, operation and management (financial capacity);
11.2. Member States of the European Union or the European economic area countries recognised professional competence;
11.3. good reputation substantiated by evidence or law enforcement authorities, that the management of the company or person who runs a transport business operations (hereinafter responsible person), in the last five years are not punished for committing a crime or it is deleted in accordance with the criminal convictions of the laws governing procedures and the management of the company or companies, or the person in charge the last two years have not violated their regulations associated with the commercial carriage of passengers or goods, including drivers ' driving and rest periods, the vehicle weight and size restrictions, road and vehicle safety, environmental protection and assistance provisions, as well as employment and wage provisions in the area of road transport.
12. Carrier's financial capacity is considered adequate if it is: 12.1.6000 lat, if you use only one motor vehicle;
12.2.3300 dollars for each vehicle.

13. the responsible person can be a labour relations as a carrier of the person responsible for the carriage of only one company.
14. where the responsible person is active in several related businesses or if they have one common owner or co-owner, responsible person can be a labour relations as the carrier of the person in charge of road transport in several companies.
III. special permission (license) to receive the agenda for 15, extend or re-registered to a new term a special permission (licence), special permissions (licenses) of the requesting institution shall submit the following documents, which document the development and nofor of laws mēšan: 15.1 application indicating the types of commercial vehicles, the merchant, the merchant of the name of the form, registered office, Company register number of the registration certificate issued or foreign merchant branch registration certificate number and date of registration. The application must be signed by the applicant;
15.2. the written declaration of compliance with this rule 11.3. apakšpun JTIS in these requirements.
15.3. a declaration of the carrier's financial security, drawn up on the basis of the data of the balance sheet, or statement of the balance, or a copy of the balance sheet, or a bank letter of guarantee, which added to the documents relating to financial security in accordance with the provisions of paragraph 12 of the said requirements;
15.4. the national identity document fee.
16. to prepare documents for the adoption of the decision of the special permission (license) the granting, extension, or renewal to the new time limit, the institution of administrative processes in the laws regulating the procedures specified in the following: 16.1 the company registry certificate of company registration issued by the commercial register of the transcripts or the merchant's registration certificate issued or foreign merchant copy of the registration certificate of the branch;
16.2. The State revenue service's statement that the merchant has entered into taxpayers ' accounts and does not have tax debt. Certificate valid for 30 days after its date of issue;
16.3. evidence of professional competence;
16.4. If the carrier carries out the transport of dangerous goods, the transport of dangerous goods safety Advisor certificate of professional qualifications.
17. special permission (license) to the applicant's right to obtain and submit to the authority of this provision in paragraph 16 above.
18. the application and the documents annexed thereto shall be admissible only if the institution does not submit all the required documents, or if they are not prepared according to the development and presentation of documents regulatory requirements.
19. the decision of the special permission (license) the granting, refusal or withdrawal of the institutions shall adopt them within 30 days after the institution submitted all required documents prepared and presented according to the development and presentation of documents regulatory requirements.
20. If special permission (license) assignment is rejected, a new application of special permissions (licenses) may be submitted after the deficiencies referred to in the decision on the refusal to grant a special permission (licence).
21. special permission (license) the applicant at the same time you can get a special permission (licence) for several types of commercial vehicles.
22. special permission (license) is requesting special permission (license) can also be obtained without a vehicle application. The minimum amount of financial security determined that provision in paragraph 12.1.
23. If changing the person in charge, the carrier in writing within 15 days notify the institution and designate a new responsible person. The new responsible person within three months in an institution submit documents showing its professional competence and good repute.
24. If changing the name of the carrier or the property, the carrier shall submit to the institution within 15 days of the date of this provision at the bottom paragraph 15.1. submission and information exchange a copy of identity document (presentation of the originals).
25. If special permit (license) in connection with paragraph 24 of these rules in the cases referred to, the carrier within 15 days of the transfer institution of all valid licence issued to the company's cards.
26. To extend the special permission (license), the validity of which is less than five years, the carrier submits that rule 15. documents listed no earlier than six months and not later than one month before the special permissions (licenses) expire.
27. With a view to re-registering to a new term a special permission (licence), the validity of which is five years, the carrier submits that rule 15. documents listed no earlier than 12 months and not later than one month prior to the special permissions (licenses) expire.
28. If a special permit (license) has been lost, the institution of the carrier's receipt of the written application shall issue a special permit (license) duplicate. For special permission (license) for the loss of carrier information is published in the newspaper "journal". Special permission (license) issued for the duplicate body of publications.
29.24 and 28 of these rules in the cases referred to in paragraph the institution of special permission (license) issued by seven days after the submission of the required documents in the institutions. During this time, the carrier is entitled to make a hire.
30. the institution of quarterly published newspaper "journal" information about carriers lag issued special permits (licenses).
IV. receipt of the licence card order 31. for, extend or re-registered to a new term license card, carrier institution shall submit the following documents (the presentation of the special issue permissions (licenses) of the original) designed for the development of the document and the nofor of laws mēšan: 31.1. the application of the special permission issued by the (license) type and number of carriers (merchant), merchant name, legal address, business registration certificate issued by the registry number or foreign merchant branch registration certificate number and date of registration. The application must be signed by the applicant;

31.2. If transportation vehicle used number will increase — this rule 15.3. the declarations referred to in (a), which corresponds to the number of vehicles (in accordance with the provisions in paragraph 12 of the above requirements).
32. to prepare documents for the adoption of the decision on the license card granting, extension, or renewal to a new term, the institution of administrative processes in the laws regulating the procedures specified in the following: 32.1. public joint stock company "Road Safety Directorate" (there could — Directorate) or accredited for this purpose by the Directorate of parties of issuing State of the vehicle technical inspection a copy of the Protocol with the vehicle's technical condition of conformity assessment "0" or "1" and the vehicle's registration certificate copy;
32.2. The State revenue service's statement that the merchant does not have a tax liability. Certificate valid for 30 days after its date of issue.
33. The license card applicant has right to obtain and submit to the authority of this provision in paragraph 32 above.
34. the application and the documents annexed thereto shall be admissible only if the institution does not submit all the required documents, or if they are not prepared according to the development and presentation of documents regulatory requirements.
35. the institution of a licence card shall be issued within seven days after the institution submitted all the required documents.
36. If a card is lost, the institution within seven days after receiving a written application to the carrier to be issued a duplicate of the requested document. During this time, the carrier is entitled to make a hire.
V. licensing document tracking and storage of Body type 37 carrier information database (hereinafter database).
38. the main objective of the database is subject to the freedom of Information Act, provide the public and competent authorities with up-to-date information on the carriers, which are licensed for hire with buses and cargo vehicles.
39. the special permissions (licenses) and license the use of the card is the responsible carrier for which it was issued. Special permission (license) and license card must not be put into use to a third party.
40. the vehicle hire, licence card located in the vehicle.
41. If a carrier ceases commercial operation, this special permission (license) shall transfer to the institution during 15dien. The institution of the special permission (license) stores a year and then destroyed, by drawing up relevant legislation.
42. If a road vehicle no longer the property of the carrier is located or controlled or is disposed of, the carrier license card within 15 days of the transfer institution. Authorities destroyed the license card and shall draw up a report.
Vi. Special permission (license) and suspension of validity of the licence card and cancellation 43. Institution, on the basis of the law enforcement agencies, the State ranked mu's service and other State, local and foreign competent authorities of irregularities in documents submitted shall be entitled to accept this rule 3.3, 3.4, 3.5, 3.7, 3.8 and 3.9. the decisions referred to in the subparagraph.
44. the question of the special permission (license) and license card valid at the time of suspension of the ma or the cancellation of the institution, the appearance of the carrier, which invited seven days previously informed in writing of the nature of the infringement. Transported in their absence to sitting may not give rise to proceedings before a suspension.
45. The special permissions (licenses) and the validity of the licence card may be suspended for a period up to three months, if the carrier violated the licensing of the autopārv leader + grant related legislative requirements.
46. the institution is entitled to revoke the special permission (license) if the carrier: 46.1. provided a false licence;
46.2.12 months is not removed by the assigned special permission (license);
46.3. the violated normative acts of the Republic of Latvia and the international agreements binding for Latvia the requirements of road transport and road safety, if it created a significant threat to road safety and its participants;
46.4. does not meet the requirements of the legislation in the field of taxation;
UR46.5.atk ārtot do not follow the border crossing points (border guard, customs) Note to Kuma.
47. the institution is entitled to revoke the license card, if the transporter: 29.3. month is not removed by the licence card;
UR47.2.atk ārtot violated the licensing associated with road transport legislation;
47.3. do not follow the border crossing points (border guard, customs) and the path of the SMS safety regulations see if it created a significant threat to road safety and its members.
48. the special permit of the carrier (the licence) and/or the license card passes the institution within 15 days of receipt of the decision of the institution of special permission (license) or cancellation of the license card or special permissions (licenses) or license suspension of validity of a card at a time.
49. If the special authorization by the carrier (the licence) and/or the license card does not transfer to the institution within 15 days after receiving the decision from the institution of the cancellation of the license card or special permissions (licenses) or license suspension of validity of a card at a time, the institution shall consider the question of the special permission (license).
50. If special permission (license) or the validity of the licence card temporarily suspended, the period shall run from the date of the special permit (license) or a licence card transferred to the institution. After the expiry of the period of the carrier issue a new special permit (license) license or card.
51. the carrier who cancelled a special permit (license), a new special permit (license) for the receipt may be submitted not earlier than six months after the adoption of the decision of the institution of special permissions (licenses).
VII. Closing questions 52. paragraph 12 of these rules on the financial security of the carrier in respect of passengers by coach and bus for hire or reward in the territory of Latvia and cargo transport with trucks in the territory of Latvia shall apply in the following order: 52.1. If one road vehicle: 52.1.1.ar 1 January 2005 — no less than 4400 lats;
52.1.2.ar January 1, 2006 — no less than 5400 lats;
52.1.3.ar 1 January 2007 — no less than 6000 lats;
52.2. for each vehicle: 52.2.1.ar 1 January 2005 — not less than 2500 lats;

52.2.2.ar January 1, 2006 — no less than 3000 lats;
52.2.3.ar 1 January 2007 — no less than 3300.
53. paragraph 9 of these regulations shall remain in force until 30 June 2005.
54. paragraph 10 of these rules shall enter into force on 1 July 2005.
55. special permission (license) issued to the carrier that the date of entry into force of the provisions, in force up to the expiry of the period specified therein.
Informative reference to European Union directive rules included provisions deriving from Council on 29 April 1996 of Directive 96/26/EC on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications mutual recognition to facilitate for these operators the right to freedom of establishment in national and international transport operations, the international with the amendments made to Council Directive 98/76/EC.
Prime Minister a. Halloween traffic Minister a. shlesers Editorial Note: rules shall enter into force on the 19th February 2005.
 
Annex Cabinet February 8 2005 the Regulation No. 120 of charge service price list for the consideration of the application of the special permission (license) for the issue, extension or renewal for a period of time, as well as new license card issuance, extension or renewal no p. k type of Application fee (ls) 1.
Application for special permit (license) for the issue, extension or renewal of the term of the new 45 2.
Application for the issue of the licence card: 2.1.
passengers by coach and bus for hire or reward or komercpārvadāj ating with cargo trucks in the territory of Latvia, international passengers by coach and bus for hire or reward or international freight komercpār freight corridor with heavy vehicles with a total mass not exceeding 3.5 tonnes (excluding trailers), — one month 2 2.2.
passengers by coach and bus for hire or reward in the territory of Latvia by the Ministry of transport of passenger Department established passenger carriers while providing services at regular routes within the territory of Latvia 1 3.
Application for special permit (license) for the renewal of its activities (period of validity), the issue of a duplicate of the lost special permission (license) if law enforcement authorities have the appropriate information (such as theft, robbery, fire), as well as the waiver of the receipt of the documents produced (for each document produced) 5 4.
The application for the renewal of the licence card (expiration) time, the issue of a duplicate licence lost the card in place, if you have the appropriate law enforcement authorities of the certificate (such as theft, robbery, fire), as well as the waiver of the receipt of the documents produced (for each document produced) 1 note. Prices without value added tax.
Traffic Minister a. shlesers