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The Procedure For The Issue, Temporarily Suspend Or Revoke The Special Permissions (Licenses) And License Card Commercial With Road And Road Transport Issues The Driver Certificate Of Professional Competence In The

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

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Cabinet of Ministers Regulations No. 121 in 2012 (21 February. 10. § 18) the procedure for the issue, temporarily suspend or revoke the special permissions (licenses) and license card commercial with road and road transport issues the driver certificate of professional competence shall be Issued in accordance with article 6 of the law on road transport of the fourth and fifth paragraph of article 30 and the equipment cabinet law article 31, paragraph 3 of part i. General questions 1. determines the order in which: 1.1. issued by temporarily suspend or revoke the special permissions (licenses) and license cards for vehicles and cargo for the carriage of passengers by coach and bus; 1.2. the issue of the carriage driver certificate of professional competence. 2. public limited liability company "road transport administration": the issue temporarily 2.1 suspend or revoke the special permission (license) to the occupation of road transport operator (hereinafter licence) of the European Parliament and of the Council of 21 October 2009. Regulation (EC) no 1071/2009 establishing common rules for carrying out the occupation of road transport operator and repealing Council Directive 96/26/EC (hereinafter Regulation No 1071/2009), article 10 (1) of the Article 11, paragraph 1 and article 13; 2.2. the issuing, suspending or withdrawing a licence card for vehicles; 2.3. Regulation No. 1071/2009 referred to in article 10 the competent authorities (hereinafter referred to as the competent authority). 3. The Ministry of transport under Regulation No. 1071/2009 article 8 paragraph 3 organizing examinations and issuing the driver's carriage (hereinafter Manager) professional competence certificates. 4. the competent authority shall decide on: 4.1 new licenses to be issued at a 10-year period; 4.2. refusal to issue a licence; 4.3. the suspension of the licence; 4.4. the withdrawal of the licence; 4.5. stop the license renewal; 4.6. the inadequacy of the Transport Manager of the company's transport operations (pursuant to Regulation No. 1071/2009); 4.7. the issue of a licence card, suspension or cancellation. 5. In order to assess this in paragraph 4, the provisions of these decisions at the time of their preparation, the competent authority may establish a licensing Commission. The Licensing Commission decision is advisory in nature. Licensing Commission shall include qualified professionals of the sector of road transport, including public organisations. 6. the decision of the competent authority of the carrier may be challenged in the Ministry of transport of the administrative procedure law. 7. In accordance with Regulation No. 1071/2009 article 8 person professional competence requirements, professional competence certification exam (exam) and as a result of the evaluation of the transport ministers can create an examining board. Examining Board shall include the Ministry of transport, the competent authorities, public organizations and representatives of the transport sector. 8. The competent authority shall issue the licence to the following types of transport: road passenger transport with 8.1 buses in the territory of Latvia; 8.2. cargo transport with trucks in the territory of Latvia; 8.3. international passenger transport by coach and bus; 8.4. international goods transport with trucks. 9. the Licence shall indicate the following: 9.1 the license type (in accordance with the provisions of paragraph 8) and number; 9.2. the carrier (operator's) way, the merchant name, or farmer or fisherman's household name, legal address, register of companies, the company assigned registration number or foreign merchant affiliate registration number and registration date; 9.3. the date when the decision on the issue of the licence; 9.4. the date when the licence comes into force; 9.5. the period of validity of the licence; 9.6. the competent authorities of the name of the driver. 10. The licence shall be issued, if the carrier meets the Regulation No. 1071/2009 and the requirements set out in these rules licence. 11. the carrier pursuant to Regulation No. 1071/2009 the requirements of article 4 selects the Transport Manager, who heads the transport operations in one company or two related companies, where both companies have at least one common member and Board (Council) member in accordance with Regulation No. 1071/2009 article 4, paragraph 2 of point "c". II. the procedure for the issue of licence 12. to receive a license, the carrier shall submit to the competent authority the following documents: 12.1. The application specifies the types of commercial vehicles, the merchant, the merchant name types, farmer or fisherman's household name, legal address, register of companies, company registration number assigned or foreign merchant affiliate registration number and registration date. The application shall be signed by the carrier; 12.2. a written assurance of compliance with Regulation No. 1071/2009 the requirements of article 6; 12.3. The Member States of the European Union or the European economic area countries recognized the copy of the certificate of professional competence (receive a license, the original show), except when it is issued by the Ministry of transport of the Republic of Latvia, and proof of compliance with Regulation No. 1071/2009 the requirements of article 4; 12.4. information about the carrier's financial position (financial capacity) according to Regulation (EC) no 1071/2009 the requirements of article 7, where the national registers, the following information is not obtainable; 5. proof of the carrier's compliance with Regulation No 1071/2009 article 5 conditions. 13. in order to make a decision on the issue of the licence, the competent authority, following the regulations in the following information and ensure: 13.1. Business Register on the assigned enterprise registration data; 13.2. or the Transport Manager is the Ministry of transport of the Republic of Latvia issued the certificate of professional competence; 13.3. The Ministry of Interior Information Center Fines register-about the company or the Manager of the current conviction for criminal offences against the economy, road safety, on human trafficking, the illicit manufacture of narcotic drugs and psychotropic substances, illegal acquisition, storage, transport, transfer and implementation for marketing purposes or to the illicit manufacture of narcotic drugs and psychotropic substances, the production, acquisition, storage, carrying, transport and forwarding service in contravention of the provisions of, the unfolding of convictions in the Member States of the European Union, as well as about the company or the Manager of the current administrative penalties in the area of road transport; 13.4. compliance with Regulation No. 1071/2009 article 11 paragraph 4. 14. the carrier has the right to obtain and submit to the competent authority of this provision, the information referred to in paragraph 13 of the supporting documents. 15. the competent authority shall within 30 days after receipt of the application, the evaluation of compliance with the regulations the carrier no 1071/2009 and the requirements of this regulation, adopt the provisions referred to in point 4.1 of the decision and issue the license or adopt these rules the decision referred to in point 4.2, if not submitted all the required documents or the carrier does not comply with Regulation No 1071/2009 and the requirements of this regulation. 16. If the carrier wishes to be licensed without the vehicle application, the minimum financial security must comply with the Regulation No. 1071/2009 article 7 laid down in paragraph 1 in respect of the first vehicle. 17. If you changed the data carriers referred to in Regulation No 1071/2009 article 16 paragraph 2:17.1. "a" and "b" above, the carrier shall, within 15 days after a change in the properties shall be lodged with the competent authority within that rule 12.1. the application referred to in the exchange of the information and a copy of identity document (get a licence, shall produce the originals), excluding documents that contain data are contained in public registers; 17.2. "c" above, the carrier shall, within 15 days after the change to the data submitted to the competent authority an application in which the transport manager specifies the name and the number of the certificate of professional competence. If the certificate is not issued by the Ministry of transport of the Republic of Latvia, accompanied by a certified copy of the certificate. 18. These provisions 17.1. in the cases referred to in (a) the competent authority shall issue a new licence for seven days from the receipt of the application. 19. A carrier who has a valid license, those provisions referred to in point 12 of the application and documents relating to the same type of road transport not earlier than 12 months before the licence expiry date. 20. the competent authority within three working days after the decision on the issue of the licence, the suspension or cancellation of the time on its Web site information on issued, suspended or withdrawn for a time licenses. III. procedure for the issue of a licence card for

21. the competent authority, on the basis of a decision on the issue of the licence, issue a licence card for each vehicle used for hire or reward. License card is issued for a period not exceeding 12 months, the following types of transport: road transport for hire or reward with 21.1 passenger buses in the territory of Latvia; 21.2. transport of goods by trucks in the territory of Latvia; 21.3. international goods transport with trucks, which total permissible mass not exceeding 3.5 tonnes, including trailer. 22. The license card indicates the following general information: 22.1. license type (in accordance with the provisions of paragraph 8) and number; 22.2. the license card (in accordance with the provisions of paragraph 21) and number; 22.3. the carrier (operator's) way, the merchant or the foreign merchant in the name of the branch or farmer or fisherman's household name, registered office; 22.4. the date when the license card takes effect; 22.5. the date by which the license card invalid; 22.6. the vehicle's make, model, State registration number; 14.1. license cards the place and date of issue. 23. in order to receive a license card, carrier shall lodge with the competent authority the following documents: 23.1. submission. The application shall specify the license type and issued number, carrier (merchant), merchant, farmer or fisherman's household name, legal address, register of companies, company registration number assigned or foreign merchant affiliate registration number and registration, vehicle registration number; 23.2. If transportation vehicle used number will increase – this provision is referred to in 12.4. information about the carrier's financial security; 23.3. a certified vehicle lease a copy of the contract, if the carrier is not the vehicle owner or holder. 24. The issue of a licence card, the competent authority regulations in accordance with the procedure laid down for the test vehicle registration data to the State information system "vehicles and their drivers in the national registry", as well as the State of the vehicle technical inspection data. The technical condition of the vehicle must comply with the rating "0" or "1". 25. a carrier's right to obtain and submit to the competent authority of this provision the information referred to in paragraph 24 of the supporting documents. 26. If these provisions are not submitted the documents referred to in paragraph 23 or the condition of the vehicle does not comply with the provisions of paragraph 24 of the said conditions, the competent authority shall take a decision on the refusal to issue a license card. 27. the competent authority shall issue the licence card within seven days after receipt of the application. 28. If the license is changed that rule 17.1. in the cases referred to, within seven days after receiving a written application to the carrier to be issued a new license card. IV. Licensing records and storage of documents 29. the competent authority in the road transport sector the information within the database pursuant to Regulation No. 1071/2009 maintains the carrier article 16 electronic data register (hereinafter referred to as electronic records). 30. Electronic Registry's main goal is, pursuant to the provisions of Regulation No. 1071/2009 article 17 and the freedom of Information Act, provide the public and public authorities, as well as the competent authorities of the other Member States with timely information on documents issued by the competent authority. 31. The license card must be in the vehicle, which is made in road transport. 32. If the carrier stopped commercial operation or if a road vehicle no longer is used for commercial transport, the carrier within 15 days of it shall inform the competent authority, by the application. V. licence and licence card suspension and cancellation 33. If found in Regulation No. 1071/2009 in articles 13 and 14 and annex IV infringements and irregularities, the competent authority shall consider the issue of a licence and licence card suspension or cancellation. 34. The licences issued and license card may be suspended for a period of up to six months. 35. Considering the gravity of the infringement and the transportation vehicle used, the number of the licence may be temporarily suspended if the carrier: 21.8. breach of the laws of the Republic of Latvia, Regulation No. 1071/2009, as well as the binding for Latvia another international agreement requirements, public transport, road transport and road safety; 35.2. carriage of passengers without the appropriate permit or certificate, if the laws of road or public transport determines the following document; 35.3. the laws are not respected in the field of border crossing under certain conditions on the external frontier and border crossing points regime. 36. In assessing the gravity of the infringement and the transportation vehicle used, the number of the licence may be cancelled if the carrier: 36.1. provided a false licence; 36.2. the 12 months is not removed by the assigned license; 36.3. does not meet the requirements of the legislation in the field of taxation; 36.4. the time of the year again violated the laws of the Republic of Latvia, Regulation No. 1071/2009, as well as the binding for Latvia another international agreement requirements, public transport, road transport and road safety; 22.7. during the year, repeatedly made for the carriage of passengers without the appropriate permit or certificate, if the laws of road or public transport determines the following document; 22.7. during the year, repeatedly not complied with laws and regulations in the field of border crossing under certain conditions on the external frontier and border crossing points regime. 37. a carrier who cancelled license, revoke all licences issued cards. If the carrier suspended the license term, you stop all the issued license cards for the duration.  38. Considering the gravity of the infringement and the transportation vehicle used, given the number of vehicle licences issued card transactions may be temporarily suspended if the carrier: 38.1. operate with the vehicle that does not have permission to participate in road traffic; 38.2. violated the driving and rest time tracking equipment (tachograph) and conditions of use of ātrumierobežotājierīc. 39. In considering the gravity of the infringement and the transportation vehicle used, given the number of vehicle licences issued card can be cancelled if the carrier: 24.3. provide false license cards; 24.4. the month is not removed by the licence card; 39.3. in transportation, in violation of license card issuance and usage conditions; 24.5. repeatedly violated with the road transport licensing regulations and associated Regulation No. 1071/2009; 24.5. in the carriage of passengers without the appropriate permit or certificate, if the laws of road and public transport determines the following document and license suspension would be disproportionate; 24.6. breached the road traffic security rules if it created a significant threat to road safety and its participants and license suspension would be disproportionate. 40. the carrier licence or a licence card shall refer to the competent authority within 15 days after receipt of the decision of the competent authority for the license or license suspension of the card or of the license or license cancellation of the card. 41. If a carrier licence or a licence card shall not be transferred to the competent authority within 15 days of this provision in the decision referred to in paragraph 40, the competent authority shall revoke the licence. 42. If the license or license cards temporarily suspended, the suspension period shall run from the date of entry into force of the decision. After the expiry of the period of the carrier issue a new licence or a licence card for the remaining time. Vi. the issue of the certificate of professional competence order

43. The Ministry of transport under Regulation No. 1071/2009 article 8 and annexes I, II and III requirements shall take a decision on the certificate of professional competence (hereinafter certificate) service person in accordance with Regulation No. 1071/2009 requirements are successfully passed the written exam. If the exam is not settled successfully, the Ministry of transport shall take a decision on the refusal to issue a certificate. 44. your professional competence to testify, written examination. The examination is administered by the competent authority. 45. to organize the exam, a person at least 10 working days before the current exam shall lodge with the competent authority the following documents: 45.1. application to the competent authority. The application shall indicate the name, place of birth, social security number or date of birth of the person, if the person is not granted, the code of the declared place of residence address and the types of carriage to which the person wants to sort the exam; 45.2. the document by the end of the training course, if one is obtained. 46. the exam in writing. The exam consists of two separate parts: being valued 46.1. theoretical part-answer check test. It will include at least 45 questions with four answer variants, one of which is correct. The theoretical part of the exam lasts two hours, if the exam is sorted for cargo or passengers, and 2.5 hours, if the exam is sorted in cargo and passenger transport; 46.2. the practical part: analysis of the situation. It is given tasks or situations described and provides that need to be answered at least five questions. The practical part of the exam lasts two hours, if the exam is sorted for cargo or passengers, and 2.5 hours, if the exam is sorted for cargo and passengers. 47. for the successful applicant, the exam must be received by Regulation No 1071/2009 annex I, part II, paragraph 3 of the assessment. According to the Regulation No. 1071/2009 annex I, part II, paragraph 2 of the second paragraph of part of each exam scoring correction factor is 50%. 48. If a person has not received a successful exam assessment within 10 working days of the exam is notified of opportunities to sort again exam. 49. the decision of the Ministry of transport of the exam assessment may appeal to the Court of Justice of the administrative procedure law. 50. the competent authority shall create and maintain a database of persons who have received the certificate as well as enter data in the register and in the computerised exchange of information with the competent authorities of other Member States of certificates issued and their mutual recognition. VII. Closing questions 51. Be declared unenforceable: 51.1. The Cabinet of Ministers on 8 February 2005, Regulation No 120 "procedures for issuing, withdraw or temporarily suspend the special permissions (licenses) and license card commercial with road transport" (Latvian journal, 2005, 28, 102 no); 51.2. The Cabinet of Ministers of 4 April 2006, Regulation No 250 "procedures for submitting passenger and freight road transport certificates of professional competence" (Latvian journal, 2006, 57., 114 no; 2007, nr. 92). 52. special permissions (licenses) to carry out commercial transport with road transport, which the carrier issued up to the effective date of the rules, in effect until the expiry of the period specified therein. 53. the certificate issued to the date of entry into force of the provisions shall be valid in the specified transport type. 54. before the introduction of the euro in the Republic of Latvia that rule 12.4. financial collateral referred to in Regulation No. 1071/2009 the requirements of article 7 being calculated in accordance with the rates set by the Bank of Latvia. 55. Under Regulation No. 1071/2009 article 16 paragraph 2 second subparagraph to 2015 December 31 electronic registry stores information about Regulation No. 1071/2009 referred to in annex IV. 56. the rules shall enter into force on 1 April 2012. Prime Minister v. dombrovsky traffic instead of Ministers – Minister of Interior by r. Kozlovsk