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The Order In Which Passenger And Freight To Be Own-Account Transport Operations

Original Language Title: Kārtība, kādā veicami pasažieru un kravas pašpārvadājumi

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Clarifies 07.05.2004., Journal No. 72 (3020) Cabinet of Ministers Regulations No. 327 in Riga 2004 20 April (pr. No 23, § 17) procedures for passenger and freight to be own-account transport operations by road Issued in accordance with article 51 of the law the second part i. General questions 1. determines the order in which he replaced with a bus passenger and freight operations with cargo vehicle.
2. The trader allowed to take domestic passenger operations with the bus for the passengers (and nine more people, including the driver), and domestic and international cargo operations with the goods road vehicle whose total permissible laden weight, including trailers, exceeds 6 tonnes or the permissible payload of which, including trailers, exceeds 3.5 tonnes, if a particular vehicle is performing certificate (annex), issued by the Ministry of transport or its authorised institution (hereinafter the institution).
3. The merchant international passenger bus operations for passengers (and nine more people, including the driver), carried out in accordance with Council of 16 March 1992 Regulation (EEC) no 684/92 on common rules for the international carriage of passengers by bus, a Commission of 2 October 1998, the Regulation (EEC) no 2121/98 laying down detailed rules for the application of Council Regulation (EEC) no 684/92 and Council Regulation (EC) No 12/98 as regards documents for the carriage of passengers by coach and bus The Council of 26 March 1992 Regulation (EEC) No 881/92 on access to the Community market, road freight shipments to or from the territory of a Member State or passing across the territory of one or more Member States.
4. Own-account transport operations certificate (hereinafter certificate) the period of validity of five years.
5. own-account transport operations, vehicle driver in addition to the documents specified in the law on the carriage of goods by road and road traffic, keep the vehicle in the following documents: 5.1 the original of the certificate, which contains the vehicle's registration number;
5.2. the vehicles, the driver's employment contract or a statement, if the vehicle does not run by the same operator;
5.3. If the merchant road vehicle hire, vehicle lease or extract therefrom, indicating the vehicle lessor and lessee's name (natural persons name, surname and personal code), date of conclusion of the lease contract and the period of validity, as well as information on road vehicle (make, model, model year, national registry number and identification number (chassis)). The said agreement or statement is required if the vehicle operator's registration certificate as a holder.
6. international operations, a merchant in addition to the requirements contained in these provisions comply with the international agreements on road and traffic requirements.
II. Certificate procedure 7. to receive the certificate, the operator shall submit to the institution: 7.1. written submissions. The application specifies the merchants (natural persons-name, surname, personal code, legal persons: the name, registration number, registered office) and vehicle (make, model, model year, national registry number and identification number (chassis)), for which you need to receive a copy of the certificate;
7.2. a copy of the Statute (the original show);
7.3. vehicle registration certificate copy (the original show);
7.4. If the vehicle is leased, the vehicle rental agreement copy (the original show). The agreement is not required if the carrier vehicle as specified in the registration certificate holder;
7.5. the law on road traffic cases, proof that the vehicle is equipped with driving and rest periods, driving distance and speed logging device.
8. evaluation of the documentation submitted by the institution, shall be issued by the operator certificate or a reasoned refusal — not later than 30 days from the date of receipt of the application.
9. the operator may challenge the Authority's refusal to issue a certificate in administrative processes governing law.
10. Certificate Renewal (renewal of the term of validity) Merchant shall provide the documents referred to in section 7 of these regulations, no earlier than six months and not later than one month before the existing certificate expires.
11. A change in the information in the certificate, the merchant must submit this certificate renewal rule 7.1. referred to in the application and copies of the documents (the originals are presented), which confirms the change.
12. in the event of the loss of the certificate, the institution of the merchant's receipt of a written request for a duplicate certificate shall be issued which shall be marked "duplicate". The loss of the certificate trader publishes information in the newspaper "journal". Duplicate certificate shall be issued after the publication of the reporting institution.
III. Certification document tracking and storage 13. Certificates issued registration is carried out by the institution, which creates a pašpārvadātāj an informative database.
14. the certificate shall be made in triplicate, one original and two copies. Performing own-account transport operations, the original of the certificate is in the vehicle. One copy of the certificate must be kept by the operators of the other stores.
15. For the use of the certificate is responsible for the merchant to whom the certificate is issued. The certificate must not be put into use to a third party.
IV. suspension of the certificate and Certificate cancellation 16. Before the question of the suspension of the certificate at the time of the examination or the cancellation of the institution shall inform the operator about the nature of the breach and invited to participate in the consideration of the question of economic operators.
17. the Certificate Issued may be suspended for a period of up to three months if the economic operator has violated the requirements of the laws on road transport and road traffic.
18. A certificate may be revoked if merchants: 18.1. provided false statements;
18.2. on the basis of the certificates issued, hire or reward;
18.3. the month is not removed;
18.4. Re violated legislation on road transport and road traffic.
19. Economic operator within two weeks following the decision of the institution on the suspension of the certificate at the time of transfer or cancellation of a certificate authority.
20. If the certificate is suspended for a period of time in the day when the number of the certificate to the institution.
21. the trader may challenge the Authority's decision to suspend the operation of the certificate or the cancellation of administrative procedure laws and regulatory requirements.
22. If a certificate is cancelled, the institution down time (not less than six months), after which a trader can submit an application for a new certificate.
V. concluding questions 23. Regulations shall enter into force by 1 May 2004.
24. Be declared unenforceable in the Cabinet of Ministers of 23 December 2002 rules No 546 "procedures for passenger and freight to be own-account transport operations" (Latvian journal, 2002, nr. 190).
Informative reference to European Union directive rules included provisions deriving from Council of 24 July 1990, the provisions of Directive 84/647/EEC on leased vehicles without drivers for the carriage of goods by road use.
Prime Minister i. Emsis traffic acting Ministers: Deputy Prime Minister a. shlesers Editorial Note: rules shall enter into force on 1 May 2004.
 
Annex to the Cabinet of Ministers of 20 April 2004 the Regulation No 327 (second page) General provisions 1. certificate entitles its holder to perform passenger/cargo operations with the certificate specified in the vehicle.
2. the own-account transport operations, vehicle driver in addition to the documents specified in the law on the carriage of goods by road and road traffic, keep the vehicle in the following documents: 2.1 the original of the certificate, which contains the vehicle's registration number;
2.2. the vehicle, the driver's employment contract or a statement, if the vehicle does not run by the same operator;
2.3. If the merchant road vehicle hire, vehicle lease or extract therefrom, indicating the vehicle lessor and lessee's name (natural persons name, surname and personal code), date of conclusion of the lease contract and the period of validity, as well as information on road vehicle (make, model, model year, national registry number and identification number (chassis)). The said agreement or statement is required if the vehicle operator's registration certificate as a holder.
3. the certificate must not be put into use to a third party.
4. When making international operations, a merchant in addition to the Cabinet of Ministers of 20 April 2004 the Regulation No 327 "procedures for passenger and freight to be own-account transport operations" comply with the requirements laid down in international agreements on road and road traffic.

Traffic acting Minister — Deputy Prime Minister a. shlesers