Key Benefits:
Law of 6 July 2000, laying down new rules on public transport, decided on bus and taxi services (Transport of the Act 2000)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that it would be desirable, with a view to promoting a better alignment of the supply of passenger transport, and to promote periodic competition in public transport in the public transport sector, to improve the quality of the passenger transport system. new rules on public transport, private bus and taxi services;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
car: passenger car on at least four wheels, as specified by ministerial arrangement, equipped for the carriage of a maximum of eight persons, including the driver;
Consumer Authority and Market Authority: the Consumer and Market Authority, mentioned in Article 2, 1st paragraph, of the Incomposition Act Authority of Consumer and Market ;
decided bus transport: passenger transport by bus, other than public transport;
bus: motor vehicle, whether or not fitted with a trailer, equipped for the transport of more than eight persons, including the driver;
Community authorisation: authorisation referred to in Article 4 of Regulation 1073 /2009/EC;
Concession: right to the exclusion of others from public transport in a given area over a given period;
Concessionaire: authorising transporter to whom a concession has been granted;
Concession contract: the authority responsible for the award of a concession, Article 20 ;
Timetable: for each schedule of travel options in which they are identified as the staging points between and the times at which public transport is effected, if necessary, by the indication whether the halting places or the times of the journey can be carried by the passenger are affected;
International passenger transport service: a passenger transport service as referred to in Article 3 (5) of Directive 2012 /34/EU;
Our Minister: Our Minister of Infrastructure and the Environment;
public transport: for each of the following passenger transport services according to a service arrangement with a car, bus, train, metro, tram or a vehicle propelled via a guide system;
Directive 2012 /34/EU: Directive 2012 /34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (PbEU 2012, L 343/32);
taxi services: passenger transport by car for payment, other than by public transport,
Regulation (EU) 181/2011: Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 on the rights of bus and coach passengers and amending Regulation (EC) No 181/2011 of 16 February 2011 on the rights of bus and coach passengers 2006/2004 (PbEU 2011, L 55);
Regulation 1071 /2009/EC: Regulation (EC) Decision No 1071/2009 of the European Parliament and of the Council of the European Union of 21 October 2009 establishing common conditions to be fulfilled in order to pursue the occupation of road transport operator and repealing Directive 96 /26/EC (PbEU L 300);
Regulation 1073 /2009/EC: Regulation (EC) Regulation (EC) No 1073/2009 of the European Parliament and of the Council of the European Union of 21 October 2009 establishing common rules for access to the international market for coach and bus services and amending Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 29 June 2009 on the common rules for access to the international market for 561/2009 (PbEU L 300);
Regulation (EC) No 1370/2007: Regulation No Commission Regulation (EEC) No 1370/2007 of the European Parliament and of the Council of the European Union of 23 October 2007 on public passenger transport services by rail and by road and repealing Regulation (EEC) No 1370/2007 of 23 October 2007 Council Regulation (EEC) No 1191/69 and Regulation (EEC) No 1191/69 No 1107/70 of the Council (PbEU 2007, L 315);
Regulation 1371 /2007/EC: Regulation No 1371/2007 of the European Parliament and of the Council of the European Union of 23 October 2007 on the rights and obligations of passengers in rail transport (PbEU L 315);
Carrier: the person who carries out public transport or decided bus transport, not as a driver of a car, bus, train, metro, tram or a vehicle propelled by a guide system;
Transport Manager: 'transport manager' means transport manager as referred to in Article 2 of Regulation 1071 /2009/EC.
1 This Act shall apply to:
a. public transport, private bus or taxi transport on roads open to public traffic, including roads only open to public transport;
b. Public transport of rail roads;
c. Public transport along guide systems.
2 In the case of a general measure of management, it may be determined that the law or the provisions adopted thereon shall be subject, in whole or in part, to transport which has an agreement with the transport referred to in paragraph 1 or whether this law or the law or as a result of these provisions, all or part of the provisions adopted shall not apply to certain types of transport referred to in the first paragraph.
3 This law, by way of derogation from the first paragraph, is applicable to other carriage of persons by rail transport other than public transport, as regards the parts relating to the implementation of Regulation (EC) No 1371 /2007/EC.
4 In the case of a general measure of management, it may be laid down that Regulation (EC) No 1370/2007 or articles thereof shall apply to transport which has an agreement with the transport referred to in the first paragraph.
5 The law does not apply to the carriage of persons by car, other than public transport, if the sum of the payments for that transport does not exceed the cost of the car and any additional costs for that transport, unless the above be carried out in the exercise of an occupation or business. Rules governing the cost of the car and any additional costs shall be laid down by, or pursuant to general measures of management.
1 In the case of, or under general management, rules may be laid down for experiments on public transport for a period not exceeding six years. Derogations may be made from the Articles 19 , 20 , 24 , 30 , 51 , 52 , and 61 .
2 The nomination for a general measure of directors deviating from this Act shall not be done earlier than four weeks after the draft has been submitted to both Chambers of the States General.
This paragraph applies to public transport, other than by train, and decided bus transport.
1 The Community licence is the Netherlands licence for the pursuit of the occupation of road passenger transport operator as provided for by Regulation 1071 /2009/EC, for public transport by bus and the chosen bus transport, has a period of validity of no more than five years and may be extended for a period of up to five years.
2 For the purposes of application of paragraph 1, the provision of private bus transport shall be treated in the same way as the provision of that transport, unless it is offered by intermediaries providing services in such transport services or in the form of services provided for in the transport sector. exercise of their profession or business.
3 Our Minister is the competent authority for Regulation 1071 /2009/EC.
4 An exemption from that Regulation may be granted by virtue of Article 1 (5) of Regulation No 1071 /2009/EC by a general measure of management.
5 In the case of a general measure of management, rules may be laid down for requirements relating to reliability, professional competence and financial standing for public transport other than by bus or by train.
1 A carrier does not have access to the occupation of road transport operator if on the basis of the second member, Article 3 of the Law of Promotion of Integrity Assessments by Public Administration applies to the carrier.
2 Our Secretary of State refuses to grant or renew a Community licence or to withdraw or suspend that permit in the event and under the terms of Article 3 of the Law of Promotion of Integrity Assessments by Public Administration .
1 Our Minister refuses to grant or renew the Community licence if the carrier does not meet or no longer fulfils the requirements for the exercise of the occupation of road transport operator as provided for in Article 3 of Regulation No 1071 /2009/EC.
2 Our Minister declares a transport manager unfit to be in charge of the transport activities of a carrier if he no longer meets the requirement of reliability of Regulation 1071 /2009/EC.
3 Our Minister concerned the revocation or suspension of the Community licence in accordance with the procedure laid down in Regulation 1071 /2009/EC, where the carrier no longer fulfils the requirements for the exercise of the profession of the road transport operator of that Regulation.
4 Our Minister proposes a period of rehabilitation for a decision to withdraw the Community licence.
1 The conditions relating to the reliability requirement for a carrier are:
(a) the production of a certificate of conduct as referred to in Article 3 (1), which is not more than two months old for the purpose of performing the function of the road carrier Article 28 of the Law and Criminal Justice Act ;
(b) the absence of an irrevocable judicial decision which is not more than two years old where it has been established that the carrier has failed to comply with the rules applicable to the financial remuneration and working conditions;
(c) the absence of an irrevocable conviction and final sanction against the carrier of less than two years of age because of a very serious infringement of Community law, as such by Regulation 1071 /2009/EC, designated;
d. the number of irrevocable convictions and irrevocable penalties to the carrier which are less than two years old because of a regulation by our Minister, taking into account the provisions of Regulation 1071 /2009/EC, the designated serious infringements of Community law do not exceed the limits laid down in that scheme; and
e. the one or more transport managers appointed by the carrier have not been declared unfit by a competent authority for that Regulation in accordance with Regulation No 1071 /2009/EC, to be in charge of the transport activities of a carrier or have been rehabilitated after such an iraptitude statement.
2 The conditions relating to the reliability requirement for a transport manager are:
(a) the production of a certificate of conduct as referred to in Article 3 (1), which is not more than two months old for the purposes of the performance of the function of transport manager; Article 28 of the Law and Criminal Justice Act ;
(b) the absence of a judgment as referred to in paragraph 1 (b), in which he was in charge of the transport activities of the carrier;
(c) the absence of an irrevocable conviction and final sanction against him of less than two years of age because of a very serious infringement of Community law, which has been designated as such by Regulation No 1071 /2009/EC;
(d) the number of irrevocable convictions and irrevocable sanctions against him, less than two years old, due to the regulation of our Minister, subject to the provisions of Regulation 1071 /2009/EC, serious infringements of Community law do not exceed the limits set for that provision by that system; and
e. the absence of a conviction and sanction as referred to in paragraph 1 (c), in which he was in charge of the transport activities of the carrier concerned.
3 The Registrar of a court referred to in Article 2 of the Law of the Judiciary provide to our Minister of Security and Justice:
a copy of a judgment declaring that the carrier has failed to comply with the rules applicable to the financial conditions of employment; and
b. a judgment which has destroyed a judgment as referred to in subparagraph (a).
4 For the purposes of paragraphs c, d and e of the first paragraph, parts c and d, convictions and sanctions which have become irrevocable before 4 December 2011 shall not be taken into account.
1 Our Minister explains by way of derogation from Article 5, first paragraph , a carrier who does not comply with parts b or c of that article member, nevertheless, as reliable, if the loss of reliability is a disproportionate sanction.
2 Our Minister declares, by way of derogation from Article 5, second paragraph , a transport manager, who does not comply with parts b, c or e of that article member, nevertheless as reliable, if the loss of reliability is a disproportionate sanction.
3 The publication of a decision on the loss of the reliability of a carrier shall be effected in a single written document with the publication of the decision suspending or withdrawing the Community licence.
4 The publication of a decision on the loss of the reliability of a transport manager shall be effected in a single written form with the publication of the decision to make a declaration of the transport manager ' s declaration of a dismay.
5 In the case of, or under general management, rules shall be given for the application of the first and second paragraphs where the loss of reliability is in any case a disproportionate penalty.
6 The nomination for a general measure of management as referred to in paragraph 5 shall be submitted not earlier than four weeks after the draft has been submitted to both Chambers of the States General.
1 A carrier whose Community licence has been suspended by Our Minister for failure to comply with the reliability has been suspended for the purposes of Regulation No 1071 /2009/EC after the expiry of that period of suspension. 1073 /2009/EC and of this Act have been rehabilitated.
2 A transport manager who, because of failure to meet the reliability of the trust, has been declared unfit by Our Minister to be in charge of the transport activities of a carrier, is after the expiry of the term of that the application of Regulation 1071 /2009/EC and this Law has been rehabilitated by an inappropriate declaration.
3 A carrier whose Community licence has been withdrawn by Our Minister due to failure to meet the reliability requirement shall be referred to after the expiry of the period of time. Article 4b, fourth paragraph , for the purposes of Regulation 1071 /2009/EC, Regulation 1073 /2009/EC and this Act have been rehabilitated.
4 In the case of or under general management measures, other measures for rehabilitation or measures of equivalent effect and detailed rules of reliability may be adopted.
5 The nomination for a general measure of management as referred to in paragraph 4 shall be submitted not earlier than four weeks after the draft has been submitted to both Chambers of the States-General.
1 Our Minister shall process personal data for the purpose of implementing Regulation 1071 /2009/EC and Regulation 1073 /2009/EC and to comply with or pursuant to this Act, in particular in the interest of maintaining the requirements for access to the occupation of carrier and the reliability of the transport manager.
2 Our Minister is responsible as intended in Article 1 (d) of the Personal Data Protection Act , for the data referred to in paragraph 1.
3 By arrangement of Our Minister, rules may be given for the application of the first member.
1 Our Minister designates an examination institute responsible for the organisation and certification of examinations as referred to in Article 8 (1) of Regulation 1071 /2009/EC.
2. Our Minister may withdraw the designation referred to in paragraph 1 if the examination institute neglects its mission seriously or does not comply with Article 8 and Annexes I to III of Regulation 1071 /2009/EC.
1 It is prohibited to carry out public transport other than by train or private bus transport without a valid Community licence.
2 It is prohibited to carry out public transport other than by train or bus transport without the presence on the vehicle of a certified copy of the Community licence referred to in the first paragraph.
3 It shall be prohibited to make a certified copy of a Community licence, whether or not to be made available, against payment of a third party for the purpose of carrying out the transport referred to in the first paragraph.
4 The third paragraph shall apply mutatis mutandis to the person to whom a certified copy of the Community licence has been made available by the holder of a Community licence.
5 In order to implement decisions of international organisations, an exemption from the first and second paragraphs may be granted by a general measure of administration.
1 Our Minister is the competent authority for Regulation 1073 /2009/EC.
2 It is prohibited in a Member State of the European Union or in another State party to the Agreement on the European Economic Area to:
(a) regular services as referred to in Article 2 of Regulation No 1073 /2009/EC, in breach of the rules laid down in that Regulation;
b. to carry out a special regular transport operation as referred to in Article 2 of Regulation 1073 /2009/EC, in violation of or pursuant to that Regulation;
(c) the conduct of scheduled transport referred to in Article 2 of Regulation No 1073 /2009/EC in breach of the provisions of that Regulation, and
(d) own-account transport as referred to in Article 2 of Regulation 1073 /2009/EC, in breach of the requirements of that Regulation.
3 In cabotage operations by a carrier established in another Member State of the European Union or in another State party to the Agreement on the European Economic Area, which is established in the Netherlands pursuant to Regulation 1073 /2009/EC, allowed, is Chapter III of this Law shall not apply.
1 The rules of our Minister shall lay down rules on the reimbursement payable by the applicant for the examination of an application for the grant or amendment of a Community licence or for the issue of a certified copy of the licence or certificate. a Community licence.
2 By arrangement of Our Minister, rules are laid down on the fee and payment thereof which is payable by the applicant for:
(a) take into consideration an application for the grant, modification or renewal of a permit for regular services issued under Regulation 1073 /2009/EC;
(b) the examination of an application for the grant of a copy of the authorization referred to in subparagraph (a);
(c) the inclusion of a certificate to be issued under Regulation No 1073 /2009/EC for the carriage of the own account; and
d. to apply for a travel sheet book to be issued pursuant to Regulation No 1073 /2009/EC.
1 The carrier shall provide, with or without cooperation with other carriers, in the handling of disputes concerning the establishment or implementation of a transport contract as specified in the Articles 80, first paragraph , and 100, 1st member, of Book 8 of the Civil Code -by setting up a dispute resolution committee.
2 In so far as disputes referred to in paragraph 1 arise from the implementation of Regulation (EU) No 181/2011 shall be submitted to the Dispute Settlement Committee referred to in that paragraph in the first instance.
3 The dispute resolution committee consists of an odd number of members, at least one of whom meets the requirements for required judicial authority, intended to be Article 5 of the Law on the legal position of judicial officers and of which the Chairman is independent of the other members.
4 In the composition of the Dispute Settlement committee, none of the parties to the dispute shall be accorded a privileged position.
5 The dispute resolution committee shall be responsible for the dispute before it by issuing a binding opinion or by reaching a friendly settlement between the parties.
6 The Dispute Resolution Committee shall adopt a regulation on the procedure for dealing with a dispute.
1 The carrier shall indicate, in a manner appropriate to the nature of transport, the manner in which complaints relating to the provision of passenger transport are being treated.
2 In the case of, or under general management, detailed rules may be laid down on the first paragraph.
1 The carrier shall provide, under reasonable and objectively justified conditions, details of the transport to be carried out by him to the person requesting it for the purpose of feeding and updating a travel information system.
2 Carriers carrying out public transport shall financially contribute financially to an operator of a travel information system, to be notified by our Minister, with a national scope, thereby ensuring the maintenance of that system.
3 In the case of, or under general management, rules may be laid down on the nature of the data referred to in the first paragraph, the cases in which our Minister designates an operator, and the manner in which the second paragraph applies given.
1 The summary report to be published annually, as referred to in Article 7 (1) of Regulation (EC) No 1370/2007, shall be accessible to all electronically.
2 The rules of our Minister may lay down detailed rules on the summary report referred to in paragraph 1.
The concession fees, for the purpose of Article 20, second, third and fourth paragraphs , if requested, provide information to our Minister to the extent necessary to enable it to comply with a request from the Commission of the European Communities, as referred to in Article 6 (2) of Regulation (EC) No 1370/2007.
The Consumer and Market Authority carries out tasks for the implementation of this Act.
If the policy rules to be adopted by Our Minister deal with the interpretation of competition concepts, our Minister will establish those policy rules in accordance with our Minister of Economic Affairs.
1 It is prohibited to carry out public transport without concession granted for that purpose.
2 By way of derogation from paragraph 1, if public transport is or is likely to fall out, public transport may be provided for that situation without concession, in accordance with the provisions of Article 5, fifth paragraph, of Regulation (EC) No 1370/2007.
3 The prohibition, referred to in paragraph 1, shall not apply to an international passenger transport service where only a railway station is to be put on the same place in the Netherlands.
4 The prohibition referred to in paragraph 1 shall not apply to an international passenger transport service where it is intended to Article 57, fourth paragraph, of the Railway Act notification has been made and no application as referred to in Article 19a, second paragraph -It's done.
5 The prohibition referred to in paragraph 1 shall not apply to an international passenger transport service where one or more of the applications referred to in paragraph 1 are applied for Article 19a, second paragraph , have been done and the Consumer and Market Authority has established that:
a. the main purpose of the transport is to carry passengers between stations in different Member States, or if no application is for the main purpose, and
(b) the transport of passengers between stations in the Netherlands does not compromise the economic equilibrium of one or more concessions from a railway undertaking or does not concern economic equilibrium.
6 The prohibition referred to in paragraph 1 shall not apply to an international passenger transport service where one or more of the applications referred to in paragraph 1 are applied. Article 19a, second paragraph , have been done, and the Consumer and Market Authority has established that:
a. the main purpose of the transport is to carry passengers between stations in different Member States, or if no application is for the main purpose, and
(b) the transport of passengers between stations in the Netherlands compromises the economic equilibrium of one or more concessions of a railway undertaking.
7 The fourth and sixth paragraphs shall apply mutatis mutandis to changes in the cross-border passenger transport of passengers by train.
8 Under ministerial arrangements, rules may be laid down concerning, inter alia, the application of this Article and the procedure and criteria referred to in Article 10 (4) and (4), paragraph 4 of Directive 2012 /34/EU.
1 The Consumer Authority and Market Authority shall as soon as possible after receipt of a notification as intended Article 57, fourth or fifth member, of the Railway Act notification of that notification to the State Gazette and to the concession carriers concerned, the concessionaires and our Minister concerned, indicating the possibility of an application as referred to in paragraph 2 and the deadline for submission of such an application. Request.
2 The Consumer and Market Authority, upon application by one or more concession carriers concerned, claims one or more concession holders, Our Minister, or an administrator, as referred to in Article 2 (1). Article 1 of the Railway Act Whether or not Article 57, fourth or fifth member, of the Railway Act , reported intended transport:
a. the main purpose of carrying passengers between stations in different Member States; or
(b) the transport of passengers between stations in the Netherlands which is part of that proportion is jeopardising the economic equilibrium of one or more concessions of a railway undertaking.
3 The Consumer and Market Authority shall respect the procedural requirements laid down in Article 11 (2) of Directive 2012 /34/EU.
4 The Consumer and Market Authority gives the order on the application within six weeks of receipt of the Article 6b of the Act of Incomposition Consumer and Market Authority advanced data and records.
5 The Consumer and Market Authority shall notify an administrator as referred to in paragraph 6 of the application and of the decision referred to in the sixth paragraph. Article 1 of the Railway Act communication of that Decision in the Official Journal.
1 A concession contract as referred to in Article 20, first or third member , a charge may be imposed on railway undertakings for the operation of a passenger transport service on routes falling within its licence jurisdiction between two stations in the Netherlands.
2 The levy referred to in paragraph 1 shall comply with the conditions set out in Article 12 of Directive 2012 /34/EU.
3 Concession-lenders referred to in paragraph 1 shall keep the information referred to in Article 12 (4) of Directive 2012 /34/EU. A concession provider as intended in Article 20, third paragraph , if requested, provide that information to our Minister to the extent that our Minister needs to be able to comply with a request from the European Commission.
4 In the case of a ministerial arrangement, detailed rules on the levy referred to in the first paragraph may be laid down.
In the case of an international passenger transport service, the relevant railway undertakings shall have the right to have passengers on the international route set on each station and to have them taken out at another station, including those in the passenger transport station. The Netherlands are located.
1 Competent to grant, amend or withdraw concessions for public transport by train is our Minister.
2 Competent to grant, amend or revoke public transport concessions other than public transport by rail, Member States shall be responsible for the provision of public transport concessions.
3 In the case of a general measure of management, provision may be made for areas to be designated by way of derogation from the second paragraph by way of derogation from the second paragraph of the management of a public body established by common rules, to amend or withdraw the concessions referred to in paragraph 2 in that area.
4 By way of derogation from the first paragraph, the Steering Board, referred to in the second or third member, shall be empowered to grant, amend or withdraw concessions for regional public transport by rail for the general measure of management or in an agreement with the administration concerned, by decision of our Minister, to provide the transport services which link the stations designated in the decision.
5 The nomination for a general measure of management to be adopted pursuant to paragraph 3 shall not be made earlier than four weeks after the draft has been submitted to both Chambers of the States General.
Deputed states shall ensure coordination and reconciliation of public transport in the province, with the exception of under-law. Article 20, third paragraph Designated area.
1 The concession fees, for the purpose of Article 20 The Commission shall be empowered to grant grants to the public transport sector defined in a concession.
2 A concessionaire shall, upon request, submit to him the information necessary for the implementation of Articles 6 and 7 of Regulation (EC) No 1370/2007 within a period to be determined by the concession company.
1 No concession shall be granted to a carrier:
(a) whose owner, either wholly or in part, or a director or a Commissioner also holds the membership of a general representative body of a public body whose administrative organ is competent to grant such a public body; concession;
(b) for whom a representative or adviser is involved in participating in or acquiring such a concession, and who also holds the membership of a general representative body of a public body of which a person is a member of a public body of a kind which is a member of the public body. (i) it is competent to grant such a concession.
2 The first paragraph, part b, shall apply mutatis mutandis to the mayor and to the commissioner of the King.
3 The first paragraph, part a, does not apply in respect of a driver or commissioner to any carrier to whom on the basis of Article 63a a concession has been granted in the case of concessions which have not preceded the award of a tender procedure.
4 The first paragraph does not apply to the granting of public transport concessions by rail on the basis of Article 20, first paragraph .
In accordance with Articles 4 (3) and 4 (4) and (5) of Regulation (EC) No 1370/2007, the concession provider shall grant a limited duration concession.
1 A concession shall, without prejudice to Article 4 of Regulation (EC) No 1370/2007, contain a description of public transport, the area and the duration for which the concession has been granted and, where applicable, the price paid by the concessionaire for the purposes of the award of the concession, the concession.
2 A concession may also cover the provision of public transport to and from the area referred to in paragraph 1 if this has been agreed with the concessiers in the field.
3 By way of derogation from the first paragraph, a public transport concession shall contain, instead of a description of the area for which the concession was granted, a description of the stations between which public transport is to be settled.
4 The description referred to in paragraph 3 may also concern stations outside the Netherlands, where the latter may be authorised by the competent authority or authorities in the relevant other Member State or Member States of the European Union is given.
5 The concession and the corresponding financial arrangements shall take into account the remuneration applicable to the concessionaire under the terms of the concession. Article 62 of the Railway Act .
1 Before a concession is granted or amended, the concession contract is intended to be used. Article 20, second, third and fourth paragraphs , consult with the concession lenders responsible for granting concessions in adjacent areas. In any event, consultations shall include arrangements for the coordination of public transport between neighbouring concession areas.
2 The first paragraph shall apply mutatis mutandis to a concession as referred to in Article 25, second paragraph .
1 Before granting or modifying a concession, the concession contract shall request advice to consumer organisations which comply with the conditions laid down by a general measure of management, on the rules to be made to the concession.
2 The concession contract shall give consumer organisations the opportunity to consult with him before the opinion is delivered.
3 The opinion referred to in paragraph 2 shall be requested at such time as to enable the opinion to be substantially affected by its intention.
4 The consumer organisations shall be informed by the concession agreement as soon as possible of the manner in which the opinion delivered is a result.
1 Before a public transport concession is granted by train over the main railway infrastructure, the concessionier requests advice to the relevant administrator, intended Article 1 of the Railway Act .
2 Article 27, second to fourth paragraphs , shall apply mutatis mutandis.
The concession provider shall inform, at least once a year, the consumer organisations referred to in Article 27 , on the results of measures to be defined by a general measure of management taken by him and affecting the interests of the traveller.
1 The concession contract may grant an exemption from the prohibition provided for in: Article 19, first paragraph , to any person wishing to carry out public transport other than by train, or who requests that the use of public transport other than that of the relevant concessionaire other than by train is carried out by train other than by train in an area for which the applicant is not concession has been granted. The derogation, referred to in the previous sentence, cannot be granted to the concessionaire of the area for which public transport other than by train is requested.
2 The concession lender may amend or revoke the waiver.
3 A derogation is granted for a specified period of time.
4 Without prejudice to paragraph 1, a derogation shall be refused only if, in the opinion of the concession contract, the transport facility for which an exemption has been lodged is similar to the public transport for which a derogation is granted. Concession has been granted for the area referred to in paragraph 1, which shall be disproportionate to the exploitation of that concession.
5 The concession lender may grant the exemption under restrictions or subject to the waiver rules.
A decision to grant or alter a concession without a call for tender may be made if the carrier does not comply with the contract within four days from the date on which the intended decision was published to him. The concession contract has shown that it does not accept the concession without reservation.
1 In the case of or under general management measures, rules may be laid down on national tickets, the requirements to be laid down, the corresponding rates and transport conditions, and the area within which they are valid.
2 In the case of, or under general management, rules may be laid down regarding the introduction, acceptance, issuance, operation or management of electronic national transport tickets.
3 In the case of, or under general management, rules may be laid down for the recognition of one or more of the institutions issuing, operating or managing electronic national transport tickets, as well as the rules governing such national transport operations; institutions must comply.
4 The holder of a concession, granted by a concession lender as referred to in Article 20, second or third paragraphs It shall be obliged to carry passengers which have a national ticket valid for the concession area at the relevant rate.
This part has not (yet) entered into force; see the summary of changes
This part has not (yet) entered into force; see the summary of changes
This part has not (yet) entered into force; see the summary of changes
This part has not (yet) entered into force; see the summary of changes
1 The concession holder shall request advice to consumer organisations that comply with general management measures, at least once a year, on the proposed change to a service scheme, the tariff and the rate of change envisaged by the concessionaire. other items covered by the concession.
2 The concessionaire shall give the consumer organisations the opportunity to consult with him before the opinion is delivered.
3 In the case of a general measure of management, rules shall be laid down on the nature of subjects as referred to in the first paragraph.
4 The opinion referred to in paragraph 1 shall be requested at a time of time that it may have a material impact on the decision to be taken by the concessionaire.
5 If, after the opinion of the consumer organizations, a decision is taken on the subjects referred to in paragraph 1, the consumer organisations shall be taken by the concessionaire as soon as possible, but no later than six weeks before the end of the decision. give notice to the decision, in writing. If the opinion of the consumer organizations is not or not fully followed, the consumer organisations shall also be informed of the reasons why it has departed from the advice and shall give them the opportunity to consult with the concessionaire. before giving effect to the decision.
6 In the case of or under general management measures, rules may be laid down for the time limits set by the advisory procedure and the consultation procedure provided for in this Article.
7 If a proposed change to a service arrangement, the tariff and other items covered by the concession has been initiated by the concession provider, by way of derogation from the first member who delivered an opinion on the concession by the concession contract, consumer organisations. The provisions of the second to the sixth paragraph shall apply mutatis mutandis.
1 The concession contract may be subject to a concession.
2 In any case, a concession shall be subject to rules on:
a. the subjects on which and the consumer organisations to which the concessionaire asks for an opinion as referred to in Article 31 ;
b. the subjects on which and the manner in which the concessionaire informs the consumer organisations referred to in subparagraph (a);
(c) the provision of information to the concession provider for the purpose of controlling the performance of the concession;
d. the rates, models of transport tickets and the transport conditions for which public transport is to be carried out, together with their modification and publication;
(e) the establishment of a financial responsibility for carrying out the concession, which is accountable to the concession for other activities;
f. the amendment, the disclosure, the date of entry and the period of validity of the timetable;
g. the requirements for the accessibility of public transport for the benefit of travellers with disabilities;
h. ensuring a responsible level of safety for the benefit of both the passengers and the staff in public transport;
i. punctuality;
j. A percentage availability guarantee of seating positions;
k. the service level offered to passengers both at stations and on the train.
3 In the case of a general measure of management, rules shall be established on the minimum level of accessibility of public transport that concession lenders should be able to secure by means of concession delivery. These rules contain, in any event, the need to ensure access to public transport for the benefit of travellers with disabilities and to the accessibility of public transport for the benefit of travellers by bicycle.
4 In the case of a general measure of management, rules on the rules to be made to a concession may be laid down.
5 A concession may be made to a concession that, if he fails to perform certain performance, the concessionaire is obliged to comply with the concession contract.
6 If application is given to the fifth member, the concessionaire does not have the power to impose a penalty on the concessionaire in respect of the performance of the performance in question. Art. 5:32, 1st member, of the General Law governing law does not apply.
Without prejudice Article 32 contains a public transport concession scheme to regulate the integration of transport tickets into public transport.
A public transport concession by rail may contain the requirement that the natural persons to whom the concession in the concession will exercise the effective management of the concession shall not be regarded as such under the conditions laid down in that concession. work contract with the concessionaire.
In the case of, or under general management, rules may be laid down for a maximum average rate for public transport, if necessary per concession area.
1 The concessionaire is obliged to carry out public transport in accordance with the conditions laid down in the concession and is obliged to comply with the rules attached thereto.
2 For as long as passengers are seriously damaged in their interest as a result of the deviation from the timetable by work on the routes provided for in the timetable or by special circumstances, the concessionaire is responsible for ensuring that the replacement transport provided that it is reasonably possible.
Any person liable to exercise any right to infrastructure, to be determined by a general measure of management, with the exception of main railway infrastructure as defined in the Railway Act The use of which is subject to public transport by rail shall be subject to reasonable limits to its use by the concessionaire insofar as it is necessary for the proper performance of the concession.
1 The concession holder of a public transport concession by train as referred to in Article 20, first paragraph , draw up a transport plan in accordance with the rules laid down in the concession granted to it.
2 The concession referred to in paragraph 1 shall be subject to a requirement relating to the duration of the transport plan.
1 For the purposes of this paragraph, the transfer of a concession shall mean the end or partial end of a concession followed by a concession in whole or in part of the concession as a result of the award of such concession concession to another carrier.
2 The Articles 37 and 38 shall be applicable to the transfer of a concession, unless otherwise provided for in an agreement between the former concessionaire, the new concessionaire and the relevant associations of employees as referred to in Article 3 (1) of the EC Treaty. Article 3, 4th paragraph, of the Law Notification Collective Redismissal , which agreement has been reached within one month of the decision to grant a concession as referred to in paragraph 1.
1 In the case of a transfer of public transport with a concession to a situation as referred to in Article 19, second paragraph In conjunction with Article 5, fifth paragraph, of Regulation (EC) No 1370/2007, no transfer of a concession is concerned.
2 In the case of a transfer of public transport without concession as referred to in Article 19, second paragraph In the situation where public transport is carried out with a concession granted for that purpose, the Articles 36 and 37 to 40 applicable mutatis mutandis.
1 Without prejudice to the provisions of the Articles 662 and 663 of Book 7 of the Civil Code go through the transfer of a concession from the law to the new concessionaire of rights and obligations, as defined in Article 38 , which at that time arise from the former concessionaire from the relationship of private law or public employment between him and:
a. A person directly for the purpose of the provision of public transport for which the concession was granted, the person employed; and
b. an indirect person for the provision of public transport for which the concession was granted, acting in accordance with the second paragraph.
2 Unless at the time of Article 36, first paragraph -the number of persons referred to in paragraph 1 (b) is determined on the basis of the ratio of the reduced turnover as a result of the transfer of the concession to the other carrier. the concession and the total turnover of the former concessionaire in respect of public transport, calculated on the last close financial year preceding the year in which the concession is to take place. Article 10a of Book 2 of the Civil Code shall apply.
3 The concession shall be exercised by derogation under paragraph 2 only if it applies before the application of the contract. Article 27 or Article 44, third paragraph , on the subject of a policy rule.
4 Where application of the first paragraph leads to the transfer of a job which is not retraceable to an individual, go to the new concessionaire on rights and obligations, as defined in Article 38 At that point in time for the former concessionaire under the private law or public employment relationship between him and the person who, if there is a termination of the contract of employment for the economy of the economy, Circumstances Article 669, third member, part a, of Book 7 of the Civil Code apply, where those jobs would be removed, to be taken into consideration in accordance with the rules applicable to them.
5 The former concessionaire has been jointly and severally linked, for one year after the transfer, to the new concessionaire for the fulfilment of the obligations arising from the employment relationship that arose for that time.
1 If the former concessionaire is not a carrier to whom on the basis of Article 63a a concession has been granted:
a. the transfer of a concession is the articles 14a, first and second paragraphs, of the Collective Labour Agreement Act and 2a of the Law on the general binding and the non-binding of provisions of collective agreements of corresponding application and
b. go through the transfer of the concession the rights and obligations which at the time of transfer of concession for the former concessionaire in respect of a person as referred to in Article 37, first paragraph , arising from business arrangements, from the law on the new concessionaire.
2 If the former concessionaire is a carrier to whom on the basis of Article 63a a concession has been granted, maintains the new concessionaire after the transfer of a concession with respect to a person as intended by Article 37, first paragraph , a set of rights and obligations equivalent to that used for the moment of the transfer of the former concessionaire from the private or public employment relationship between the former concessionaire and the former concessionaire. to the extent that these rights and obligations result from collective agreements on terms of employment.
3 At the end of the rights and obligations referred to in the second paragraph, the articles 14a, 2nd and 4th paragraph, of the Collective Labour Agreement Act and 2a, second and third paragraphs, of the Law on the general binding and the non-binding of provisions of collective agreements applicable mutatis mutandis.
4 The Articles 662 and 663 of Book 7 of the Civil Code shall apply mutatis mutandis, if the former concessionaire is a transport company as intended for Article 64, second paragraph, part a .
1 At the request of the concession provider, the concessionaire shall, within the period to be determined by request, provide to the concessionaire for the programme of requirements a public written statement of the rights and obligations referred to in Article 2 (1) of the Directive. Article 38 , with regard to persons employed for the purpose of public transport, including a reasoned explanation of the way in which labour costs have been compiled, together with the composition and the number of persons concerned Of Article 37, first paragraph, points (a) and (b) , eligible personnel for transition.
2 The declaration referred to in paragraph 1 shall be sent to the situation at the time of the declaration and the foreseeable situation at the time of the end of the concession. The declaration shall be accompanied by a statement of one or more independent experts, drawn up in accordance with the first paragraph.
3 The experts referred to in paragraph 2 shall be designated by the concession provider and their costs shall be borne by the concession provider. The concessionaire shall be obliged to provide the experts with any information they wish to obtain.
4 By ministerial arrangement, rules may be laid down concerning the information which must contain at least the information referred to in paragraph 1.
Within one month of the decision granting a concession, the former and the new concessionaire shall act together and with the associations of employees concerned, as referred to in Article 4 (2). Article 3, 4th paragraph, of the Law Notification Collective Redismissal , in consultation with a view to ensuring a proper implementation of the Articles 37 and 38 or of the agreement, referred to in Article 36, second paragraph -To promote it.
1 A concessionaire may be a concession granted by a concession provider as referred to in Article 3 (1). Article 20, second or third paragraphs , to be transferred, in whole or in part, to another carrier, if it satisfies the requirements of the concessionaire in respect of or under this Act.
2 The other carrier referred to in paragraph 1 shall be obliged to comply with the obligations incumbent upon the concessionaire in respect of the concessionaire in respect of the concession.
3 The concession holder cannot transfer the concession beyond the written consent of the concessionaire.
4 Authorisation for transfer of a concession granted after the invitation to tender is withheld if the other carrier does not have a statement of objection to the concession in question. The Articles 52 to 56, first paragraph , and 57 to 60 shall be applicable mutatis mutandis.
5 Permission referred to in paragraph 3 may also be withheld only if it is reasonable to expect that the carrier will not respect or do not sufficiently comply with the obligations imposed by it or under this law.
6 The concessionaire shall be jointly and severally linked to the other carrier for the performance of the obligations arising out of the concession by the other carrier arising from the date of transfer.
A concession shall be cancelled by law:
(a) at the time when the licence of the concessionaire has expired;
(b) as soon as a decision to revoke the licence of the concessionaire has become final;
(c) as soon as a decision to withdraw the statement of no objection to the concession in question has become final.
1 A concession may be withdrawn in whole or in part if it is found that the concessionaire is not performing or performing the concession in a proper way.
2 A decision of total or partial withdrawal of a concession shall not be in force until 13 weeks from the date of its publication. She doesn't work back.
1 Unless otherwise agreed by the former concessionaire and the new concessionaire, the former concessionaire has been held in the course of the transfer of a public transport concession by rail to the rights and obligations set out in the concession. to transfer the means of production and the company information belonging thereto to that concessionaire or to establish them for the purposes of that concessionaire. If the transfer of the concession is partially followed by the partial entry of the concession, the rights and obligations transferred or established shall constitute a corresponding part of the concession.
2 In a public transport concession by train, it shall be:
a. a description of the rights and obligations referred to in the first paragraph; and
b. a method of determining the value at the time of the transfer of the concession of the rights and obligations referred to in paragraph 1, in such a way that the interests of both the former and the former are in a balanced way; new concessionaire.
3 At the request of the concession provider, the concessionaire shall provide a reasoned estimate of the value of the rights and obligations to be transferred within the time limit to be determined by the request. or established, according to the method referred to in paragraph 2 (b). Article 39, second and third paragraphs , shall apply mutatis mutandis.
4 The concessionaire proposes payment of the value of the rights and obligations of the former concessionaire for the benefit of the former concession holder. Article 43b, second paragraph Yeah, sure.
5 The concession contract is certain for the new concessionaire to ensure the unimpaired exercise of the rights of use of the means of production, in so far as the former concessionaire has rights or obligations in respect of those means of production. Has retained.
6 The granting of a public transport concession by rail to the new concessionaire may be subject to a bank guarantee or other security by the concession company:
a. for the benefit of the former concessionaire for the payment of the value of the rights and obligations, referred to in Article 43b, second paragraph , or
b. for the subsequent concession holder for the unimpaired exercise of rights of use of means of production, to the extent that the new concessionaire will retain rights or obligations in respect of those means of production.
1 The transfer and establishment of rights and obligations in respect of the means of production Article 43a takes place at the time of transition of the concession.
2 The new concession holder shall be the former concessionaire to pay the value of the transferred and established rights with the value of the transferred and established obligations in accordance with the provisions of the former concession holder. concession is determined.
3 Without prejudice Article 43a where he has the right to do so, the former concessionaire shall provide the new concessionaire at the time of transfer of the concession with the de facto power over the rights and obligations to be transferred and established.
4 The new concessionaire has been held to work with the transfer and establishment.
5 The cost of the transfer and the establishment shall be borne by the new concessionaire.
6 If, as a result of the transfer of rights and obligations, there is a transfer of a company to which Title 10, Section 8, of Book 7 of the Civil Code apply, and as a consequence, rights and obligations in respect of persons referred to in the Article 32b proceed to the new concessionaire, the former concessionaire in respect of the new concessionaire in the matter in question shall be obliged to reimburse him the costs incurred in order to terminate the contract of employment in question. In addition, the former concessionaire in respect of the new concessionaire is liable on a case by case basis with a direct payment of € 100 000.
7 By way of derogation from paragraph 4, the new concessionaire is not subject to the transfer of equipment if it is the first procurement of a regional public transport concession on a decentralised basis after the entry into force of the contract. entry into force of this Article.
1 To a concession, detailed rules may be attached with regard to the application of the Articles 43a and 43b .
2 In a public transport concession by train, the applicability of Article 43a shall be excluded.
1 The concession contract is for the grant of a concession, with the exception of a concession as referred to in Article 3 (2). Article 64, first paragraph -A program of demands.
2 The programme of requirements shall cover, in each case, the following:
a. the accessibility in the area for which a concession is granted and on the function of public transport for those who depend on it;
b. the general requirements of the public transport to be made;
(c) alignment with public transport in adjacent areas as well as with other modes of passenger transport;
d. the reconciliation with environmental objectives of the concession provider;
e. the infrastructural features to be used.
3 Before determining the programme of requirements, the concession provider shall apply in accordance with Article 27, second to fourth paragraphs , for advice to consumer organizations which comply with conditions laid down by general management. In the granting of the concession in question Article 27 Not applicable.
4 A concession contract shall publish the programme of requirements drawn up for a public transport concession granted without a call for tenders prior to the grant of such a concession.
Consultation as referred to in Article 26 on the granting of a concession before a concession contract is adopted on the programme of requirements.
1 A concessionaire shall, upon request, submit to the concessionaire within a period to be determined by the concessionaire to the extent that they are necessary for the preparation of the grant of a concession.
2 In the case of a general measure of management, rules may be laid down on the data provided and the manner in which the control of such data is carried out.
3 The information may be disclosed in the programme of requirements, in so far as the importance of disclosure outweighs the importance of preventing a disproportionate disadvantage of the concessionaire. Article 10 of the Public Administration does not apply.
4 This Article shall apply mutatis mutandis to a carrier engaged in public transport without concession granted for that purpose if the information is necessary for the preparation of the concession for that public transport.
In the case of, or under general management, rules may be laid down on the manner in which the procurement of concessions takes place.
The concession contract shall establish a procurement procedure for the procurement procedure of concessions.
This part has not (yet) entered into force; see the summary of changes
This part has not (yet) entered into force; see the summary of changes
This part has not (yet) entered into force; see the summary of changes
Without prejudice Article 53 a statement of no objection shall be refused:
(a) a carrier established in another Member State of the European Union or another State party to the Agreement on the European Economic Area, in so far as the reciprocity of access to the relevant market for passenger transport for carriers established in the Netherlands is not guaranteed;
(b) a carrier established in another State, other than a Member State of the European Union or another State party to the Agreement on the European Economic Area, insofar as it derives from a Member State of the Netherlands binding Treaty or a decision of an international association or from an international convention made by or because of the Government of the Netherlands.
This part has not (yet) entered into force; see the summary of changes
1 The Consumer and Market Authority shall issue a declaration of no objection on request if the applicant fulfils the requirements of the Article 53 requirements and no circumstances are present as intended in Article 54 .
2 An application for a declaration of no objection may not be filed earlier than after the notification of the tender of the relevant concession has been published.
This part has not (yet) entered into force; see the summary of changes
This part has not (yet) entered into force; see the summary of changes
This part has not (yet) entered into force; see the summary of changes
Concession carriers and carriers shall provide the Board of Governors of the competition authority with the information necessary for the exercise of the powers conferred on it by this paragraph.
1 Concessions for public transport shall be granted only after a call for tenders has been issued, unless: Article 63a or Article 64, first paragraph , applicable.
2 In the case of, or under general management, certain cases may be omitted from the first paragraph for the purposes of granting a regional public transport concession by train as referred to in Article 2 (1) (b) of the Article 20 (4) .
By way of derogation from paragraph 1, if public transport is or is likely to be covered by a public transport contract, a call for tenders may be omitted from the public transport operation. Article 5, fifth paragraph, of Regulation (EC) No 1370/2007 shall apply.
4 By way of derogation from the first paragraph, a public transport concession, other than by train, may be granted without a call for tenders, if that concession satisfies one of the characteristics referred to in Article 5 (4) of the EC Treaty. Regulation (EC) No 1370/2007.
1 A concession contract shall close a carrier to whom on the basis of Article 63a a concession has been granted, or a carrier on which that carrier has influence from the tender of a public transport concession outside the under Article 20, third paragraph , designated area where the concession is granted under Article 63a, even if that influence is only minimal.
2 A governing body referred to in Article 20 , please connect a carrier to whom on the basis of Article 63a a concession has been granted, or a carrier on which that carrier has an influence on the procurement of transport outside the area designated under Article 20 (3) where the concession has been granted under Article 63a, on which the concession has been granted under Article 63a, on which the Article 2, second or fourth paragraph , as a general measure of management has been declared applicable, even if that influence is only minimal.
3 A concession company or a governing body may be a carrier to whom on the basis of Article 63a a concession has been granted, or a carrier on which that carrier has influence, exclude from the tender of transport within the under Article 20, third paragraph , designated area where the concession is granted under Article 63a, even if that influence is only minimal.
4 A concession contract as referred to in Article 20, second or third paragraphs , exclude a carrier from a tender referred to in the first or second member, if that carrier is established in another State, other than a Member State of the European Union or another State party to the Agreement on the European Economic Area, in so far as the reciprocity of access to the relevant passenger transport market for carriers established in the Netherlands is not guaranteed.
5 The first, second and third paragraphs shall not apply where the conditions laid down in Article 5 (c) of Regulation (EC) No 1370/2007 are complied with.
6 The fifth paragraph shall apply mutatis mutandis to a municipal transport undertaking within the meaning of Article 69, first or seventh member As it was before the entry into force of the Procurement freedom law OV large cities .
1 Our Minister may ask the Consumer and Market Authority to issue a report on the effects of competition on the Dutch public transport market or part thereof on an application as referred to in Article 3 (2). Article 61, second paragraph decision to be taken.
2 The reporting is not public earlier than after Our Minister has taken a decision on the application.
3 The reporting shall be communicated with the decision on the application.
1 By way of derogation from Article 61, first paragraph , a concessioner for public transport, other than by train, may be in a Article 20, third paragraph , designated area, which includes the municipalities of Amsterdam, ' s-Gravenhage of Rotterdam, grant a concession without a call for tender, if this concession is granted to a carrier on which the public body as intended Article 20, third paragraph, as well as control of its own services. Article 5, second paragraph, of Regulation (EC) No 1370/2007 shall apply.
2 By way of derogation from Article 61, first paragraph , a concessioner for public transport, other than by train, for the territory of the plus region, may be intended Chapter XI of the Common Rules Act As that stated on the day prior to the date of entry into force of the Law abolishing plus regions, which included the municipality of Utrecht, grant a concession without the award of a tender, if this concession is granted to any carrier in which the concession contract is controlled in the same way as it is on its own services. Article 5, second paragraph, of Regulation (EC) No 1370 /2007 shall apply.
1 The Consumer and Market Authority carries out a performance comparison of hauliers to whom on the basis of Article 63a A concession has been granted, which concerns the customer service, cost efficiency and efficiency of the carriers.
2 In the case of a ministerial arrangement, detailed rules may be laid down for the mutual comparability of the various carriers and the frequency of the performance comparison.
1 A carrier to whom on the grounds of Article 63a a concession has been granted, does not participate in the procurement of:
a. concessions for public transport outside the areas specified in: Article 63a, first and second paragraphs , where the concession provided for in the chapeau is granted;
b. Public transport concessions within the areas specified in: Article 63a, first and second paragraphs Where the concession, referred to in the introductory part, is granted if the concession contract has been excluded as intended by the concession agreement. Article 62, third paragraph .
c. transport outside the area specified in: Article 63a, first and second paragraphs , where the concession is granted to which, by way of general measure of management, as intended by Article 2, second or fourth paragraph , this Article has been declared applicable.
2 By way of derogation from the first paragraph, a carrier may, on the basis of Article 63a a concession has been granted, participating in a tender if the conditions laid down in Article 5 (c) of Regulation (EC) No 1370/2007 are met.
1 A carrier to whom on the grounds of Article 63a a concession has been granted, where that concession is a grant intended for the purpose of Article 22 has been provided, and that in a group as intended in Article 24b of Book 2 of the Civil Code linked to providers of activities other than that of public transport, carries out separate accounts for the provision of public transport in respect of which that concession has been granted in relation to other activities within that group shall be performed.
2 A carrier to whom on the grounds of Article 63a a concession has been granted, where that concession is a grant intended for the purpose of Article 22 is not in a group referred to in paragraph 1, nor does it provide any other activity within an organisation, conducts its public transport operations for which that concession has been granted; accounting records, in which the costs and revenues from the provision of that public transport are administered separately.
3 A carrier to whom other than on the grounds of Article 63a a public transport concession has been granted without a call for tender and in respect of which the concession is intended to be awarded in the form of a public transport contract. Article 22 Provides, for the provision of public transport for which that concession has been granted, a separate account in the accounts, within which the costs and revenues of the public transport operations for which the subsidy is shall be administered separately.
4 The accounts and records referred to in the first to the third paragraph shall be in such form as to:
a. The recording of the burdens and benefits of the various activities are separate;
(b) all burdens and benefits, on the basis of consistently applied and objectively justifiable cost accounting principles, are correctly allocated;
c. The accounting principles according to which the administration is conducted shall be clearly established.
5 The rules of our Minister may lay down detailed rules relating to the accounting, separate administration and cost accounting, referred to in the first to fourth paragraphs.
6 A carrier as referred to in the first, second and third paragraphs shall keep the information referred to in paragraph 4 for a period of five years from the end of the accounting year to which the information relates.
7 If a carrier as referred to in the first or second paragraph does not draw up a financial statement under another legal obligation, he shall draw up a financial statement corresponding to that financial statement and submit that summary for all persons to whom the person concerned shall Access to all its offices at a time to be determined by our Minister's arrangement.
8 If a carrier referred to in the first or second paragraph does not already disclose its financial statements under another legal obligation, he shall make his financial statements available to each person for inspection of all its offices in respect of his or her own office. Our Minister to be determined in time.
9 A carrier referred to in the first and second paragraph shall, on an annual basis, issue an auditor's statement as referred to in the preceding financial year. Article 393, 1st paragraph, of Book 2 of the Civil Code establish that the financial ratio:
a. satisfies the requirements set out in the first, second, fourth and fifth paragraphs; and
(b) between him and the providers of other activities complies with the conditions laid down in Section 5 of the Annex to Regulation (EC) No 1370/2007.
This statement shall lie at the same time as the annual accounts or the financial statement shall be made available to all the agents of the carrier for inspection.
10 A carrier referred to in paragraph 3 shall, on an annual basis, issue an auditor ' s certificate as referred to in the preceding financial year. Article 393, 1st paragraph, of Book 2 of the Civil Code establish that the financial ratio in relation to a concession referred to in that paragraph:
a. satisfies the requirements of the third, fourth and fifth members; and
b. satisfies the conditions laid down in Section 5 of the Annex to Regulation (EC) No 1370/2007.
This declaration shall be made available to all agents of the carrier for inspection.
11 This Article shall apply mutatis mutandis to a carrier
a. Those on the basis of the Articles 3 or 19, second paragraph , public transport carried out on a basis other than on the basis of a concession;
(b) those transport operations which are subject to general measures of management as intended Article 2, second or fourth paragraph , this article or its members has been declared to be applicable without a call for tenders in respect of the transport referred to in subparagraph (a) and where a subsidy is intended to be used for that transport. Article 22, first paragraph Has been provided.
1 Our Minister is empowered to make a concession as referred to in Article 20, first paragraph -to be granted without the use of the procedure of the paragraphs 1 to 3 This Chapter shall be applied.
2 In the case of, or under general management, rules may be laid down on the manner in which a concession is granted by Our Minister, if not the procedure of the paragraphs 1 to 3 This Chapter shall be applied.
3 In the case of, or under the general measure of management referred to in paragraph 2, rules may, inter alia, be made about:
a. The choice of procedures to be followed for the granting of a concession;
(b) the criteria for the admission of undertakings to the procedure for the award of a concession, including the exclusion of undertakings which impede fair competition by their market power or competitive position;
c. the criteria for the granting of a concession.
4 A concession for the main grid shall be granted by Our Minister not earlier than four weeks after the draft has been submitted to both Chambers of the States-General.
This paragraph is defined as the main grid: the rail transport services designated as such by Royal Decree.
2 Rail transport services designated pursuant to paragraph 1 may, with effect from 1 January 2015, include services with stations outside the Netherlands, where the competent authority or the competent authority so requires that the services may be provided with railway stations outside the Netherlands, with effect from 1 January 2015. authorities in the relevant other Member State or Member States of the European Union.
3 Our Minister can provide that a concession granted by him for the main grid or for a substantial part to be determined by our Minister will be carried out by the concessionaire, using one or more by our Minister. Minister of legal persons to be referred to.
4 A royal decree referred to in paragraph 1 shall not be established earlier than four weeks after the draft has been submitted to the Second Chamber of the States-General.
1 This Article shall apply if our Minister intends to grant a concession for the main grid.
2 Our Minister proposes a policy intention to grant concession, which is included or stated:
a description of the relevant market;
(b) a description of the measures intended to ensure the continuity of the passenger transport concerned;
c. an estimate of the costs involved in the concession loan and of the value of the concession;
d. a description of the concession-loan procedure to be followed; and
e. or Our Minister intends to Article 65, third paragraph -To apply.
3 Before our Minister adopts the policy intention, he shall submit this intention to the Council for its opinion. Article 27 Intended consumer organisations. Article 27 shall apply mutatis mutandis.
4 Our Minister shall present the proposed policy intention to the Second Chamber of the States-General. If, within 30 days of that submission, at least 30 Members of the Council of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council, give further information days have expired after the provision of that information.
5 If within 30 days of submission or within 14 days of the provision of the information referred to in paragraph 4, the Chamber considers that the concession authorisation is required by law, the concession shall be granted first. after that authorisation has been granted.
1 Prior to the grant of a concession to the main grid, Our Minister establishes a programme of requirements as referred to in Article 44, second paragraph .
2 Before our Minister determines the programme of demands, he shall present this programme to the Second Chamber of the States-General.
1 This Article applies to the provision of the first concession for the main grid after the entry into force of the Passenger transport concession by train .
2 Our Minister grants the concession referred to in paragraph 1 to NV Nederlandse Spoorwegen, or to a part of the N.V. Nederlandse Spoorwegen, to be determined by royal decree, without the use of the procedure of the Dutch Railways. Paragraphs 1 to 3 of this Chapter or Article 66 shall be applied. This concession shall start on a date to be determined by royal decree and shall end on 1 January 2015.
3 Our minister may deviate from the second member; if then Article 66 Applied.
1 It shall be prohibited to use public transport without any valid ticket for this purpose and, to the extent that the carrier has made it clearly known, of the corresponding provisions.
2 The prohibition referred to in paragraph 1 shall not apply to the cases provided for in the general measure of management.
It shall be prohibited to use, to exploit a ticket or to obstruct or impede the checking of tickets, an unauthorized modification or otherwise processed transport ticket.
It shall be prohibited to apply in a car, bus, train, metro, tram or a vehicle that has been moved either via a guide system or in the immediate vicinity of a station, a staging point, or any other provision of public transport and the corresponding platforms, staircases, tunnels and lifts to be worn in such a way as to be or may be disrupted by order, rest, safety or a good business.
Each person shall be required to follow the instructions relating to the order, rest, safety or a good business course which has been clearly expressed by or because of the carrier.
1 In the case of a general measure of management, detailed rules may be laid down on:
a. To be understood by any disturbance of order, rest, security or a good business course;
b. the manner in which the Article 73 provided that such indications can be given, inter alia.
2 In the case of, or under a general rule, rules may also be laid down, inter alia:
a. The use of transport tickets;
(b) the obligation to pay and the right to reimbursement.
1 For the purposes of this Chapter and the provisions based thereon, the provision of taxi services shall be treated in the same way as the provision of such transport, unless such provision is made by means of intermediaries providing for such transport by means of transport by means of a means of transport. the provision of services or in the exercise of their profession or business.
2 For the purposes of this Chapter and the following provisions, 'the carrier carrying out taxi services' shall mean the person carrying out taxi services, not in the capacity of a driver of a car.
1 It is prohibited to carry out taxi services without a permit granted to that effect by Our Minister.
2 An authorisation as referred to in paragraph 1 shall be granted for an indefinite period of time.
The carrier carrying out taxi services and the driver of a taxi carrying a taxi shall ensure that the licence is visible to the passenger in the car carrying out that carriage.
4 An authorisation referred to in paragraph 1 shall be granted only to a carrier meeting requirements of good repudiation and competence, except in cases specified in the case of a general measure of management.
5 Our Minister may grant exemption or waiver from the third paragraph and from the requirement of professional competence referred to in paragraph 4.
6 An exemption or exemption referred to in paragraph 5 may be granted under restrictions and rules may be attached to it.
1 A licence may be refused, amended, suspended or revoked. A permit shall be suspended for a specified period of time.
2 A licence is always refused if, within a period of two years, directly prior to the date of filing of an application for a permit, a prior authorization granted to the applicant has been withdrawn on the basis of Article 99, first paragraph, part a or part b , in so far as it concerns the requirement of reliability.
3 The permit may be refused in the event and under the conditions specified in Article 3 of the Law of Promotion of Integrity Assessments by Public Administration .
4 Before application to the third paragraph, the Office may promote integrity assessments by public administration, intended in Article 8 of the Law of Promotion of Integrity Assessments by Public Administration , for an opinion as referred to in Article 9 of that Act will be requested.
5 A permit may be granted under restrictions. A licence may be subject to rules.
6 Restrictions under which a licence is granted and the rules attached to a licence may be amended, suspended or revoked on application by the Commission.
1 An authorisation shall be cancelled automatically:
a. Six months after the death or the entry of legal incompetence of the person to whom the licence was granted;
(b) as soon as the legal person to whom the licence has been granted no longer ceases to exist;
c. once the agreement of the company without legal personality or the partnership to which the authorization is granted has been dissolved, or
d. once the person to whom the licence has been granted has ceased operations as a carrier.
2 Interested parties may apply to our Minister within six months of death or after taking legal incapacity to apply for authorisation in the name of the heir or, if more heirs, on behalf of the heir. the joint inherits, or in the name of one or more representatives appointed by the interested parties.
3 Our Minister shall decide within three months on the application referred to in the second paragraph. If our Minister wiles the application, it shall be made for a period not exceeding one year from the date of expiry of the period referred to in paragraph 1 (a).
4 The period of one year referred to in paragraph 3 may be extended once by our Minister for a maximum of one-half years.
5 The first paragraph shall not apply as long as our Minister has not yet made an irrevocable decision on the application referred to in paragraph 2.
Rules governing the granting, refusal, modification, suspension or revocation of a licence or the rules and restrictions attached to a licence may be subject to or pursuant to general rules of management. These rules shall, in any event, contain provisions on:
the manner in which an application for the grant, amendment or revocation of an authorisation is submitted;
(b) the period within which an application is decided;
c. the issue, validity and use of licences for motor vehicles; and
d. the compensation payable by the applicant for the treatment of an application as referred to in subparagraph (a) and for the issue of licence certificates.
1 In the case of, or under a general measure of administration, rules may be laid down on:
a. The requirements of reliability and competence;
(b) the compensation due for the examination of the application for the grant of an exemption, and for the issue of statements by Our Minister relating to the fulfilment of requirements of professional competence.
2 In so far as this is necessary to establish whether the requirements of reliability and competence are met, our Minister may process data on conduct and criminal and judicial data.
1 It is the holder of a licence prohibited to act in violation of a licence, the restrictions under which a permit is granted, the regulations attached to a licence and with the Article 76, sixth paragraph , the restrictions and regulations referred to.
2 The holder of a licence shall be prohibited to make a licence or non-payment made available to a third party for the purpose of taxing the taxi.
3 The second paragraph shall apply mutatis mutandis to the person to whom a licence has been provided by the holder of a licence.
1 The carrier providing taxi services, whether or not in cooperation with other carriers, in the handling of disputes relating to the establishment or implementation of a transport contract as intended in accordance with the provisions of the Directive. Articles 80, first paragraph , and 100, 1st member, of Book 8 of the Civil Code -by setting up a dispute resolution committee.
2 Article 12, second to fifth paragraphs , shall apply mutatis mutandis.
3 In the case of, or under a general management measure, detailed rules may be laid down on the first paragraph.
1 The carrier carrying out taxi services shall indicate, in a manner appropriate to the nature of the transport, the manner in which complaints about the provision of taxi transport are being handled.
2 In the case of, or under general management, detailed rules may be laid down on the first paragraph.
1 In the case of, or under a general measure of administration, rules may be laid down on:
a. the establishment, equipment and repair of a car carrying out taxi transport;
(b) the assessment of a car carrying out taxi transport;
(c) the making known of tariffs to the consumer;
d. The minimum availability of taxi transport;
the requirements and obligations of hauliers carrying out taxi services and drivers of vehicles carrying out taxi services;
f. the manner in which it is demonstrated that compliance with the requirements of Part (a) to (e) is fulfilled;
g. the fees payable for the one with the under (1) to (4) (i) rules relating to the rules to be laid down in this Chapter;
h. the administration which the carrier conducts for the purpose of effective supervision of compliance with the matter provided for or under this Act.
2 The rules on the establishment and equipment referred to in paragraph 1 (a) of the first paragraph may also include:
a. The presence of equipment and facilities for the registration of rides, fares, prices and working hours and rest periods;
b. The use of such equipment and devices, including their individual components;
c. The inspection of such equipment and equipment or the installation thereof.
3 The rules referred to in paragraph 1 may vary depending on the nature of the taxi or the location of taxi transport.
4 To the extent that this is necessary to verify the fitness of directors, under the requirements and obligations referred to in the first paragraph, inter alia, data relating to the health and behaviour of drivers may be processing. The Governing Body which is competent to review these requirements shall be responsible for the processing of the data referred to in the Personal Data Protection Act.
It is prohibited to conduct taxi services at odds with the at or under the Articles 79 , 81 , 81a , 82a and 82b set rules.
1 In view of the consumer's understanding of the situation, rules on taxi fares are laid down by ministerial rules. These rules may relate to:
a. the way in which the tariff is constructed;
(b) the obligation to apply the tariff structure;
c. A maximum rate to be applied.
2 The first paragraph shall not apply to taxi fares carried out for the purpose of implementing a written contract, during which, during a period fixed by that agreement, taxi services shall be carried out on a more than one occasion against any Agreement committed rate.
In the case of a ministerial arrangement, rules may be laid down on electronic means of transport, and requirements to be laid down, for taxi services. In any case, these rules may concern:
(a) the introduction, the establishment, the issue, the exploitation or the management of such tickets;
b. the use, validity or acceptance;
(c) the recognition of one or more of the institutions issuing, operating or managing such transport tickets, as well as the rules to be fulfilled by such institutions.
1 In the case of, or under municipal regulation, rules which are in the interest of the quality of taxi transport offered on the municipal public roads may be laid down.
2 The rules referred to in paragraph 1 are intended to supplement the provisions adopted by or pursuant to this Law and shall not apply to matters other than those of the Articles 82a and 82b .
1 By or under municipal ordination rules may be set about:
a. the recognisability of a car with which taxi transport is offered on the municipal public road;
b. to set the requirements and obligations to drivers of a car referred to in subparagraph (a);
c. the transmission and handling of complaints from consumers about taxi transport;
d. the manner in which it is demonstrated that the rules set out in points (a) to (c) are fulfilled;
e. the fees due for the execution costs associated with the rules laid down pursuant to this paragraph, and the permits and execution costs associated with the maintenance of such documents and permits.
2 The rules referred to in paragraph 1 may vary according to the location where taxi services are to be carried out.
3 The rules referred to in paragraph 1 may relate to an obligation for drivers referred to in that paragraph to transport consumers at their request from one or more of the sites designated for that purpose by a municipal regulation.
4 In the case of ministerial arrangements, detailed rules may be laid down on the first paragraph.
5 The rules referred to in paragraph 4 may in any case relate to:
the conditions and limitations of the application of the powers referred to in the first paragraph;
b. The connection to or under Article 79 set rules.
1 Without prejudice Article 82a may be determined by or under municipal regulation that the use of the municipal public road or parts thereof to be determined by that Regulation shall be reserved exclusively for the purposes of the provision of taxi services in that Regulation. Transporters and drivers of tax-vehicles carrying out taxi services, which are part of an organisational relationship in accordance with the rules set out in this Article and pursuant to this Article.
2 The organisational link referred to in paragraph 1 shall have an improvement in the quality of taxi transport.
3 By or pursuant to a municipal regulation referred to in the first paragraph, rules shall be laid down on the requirements and obligations of the organisational link and requirements and obligations of carriers and drivers of the municipal authorities of the Member States, as well as the requirements of the cars referred to in paragraph 1 which form part of them and the rules necessary for the proper performance of the power referred to in the first paragraph.
4 The municipal regulation referred to in paragraph 1 shall lay down rules on the minimum number of organisational links concerned within the municipality.
5 The rules referred to in paragraph 3 may also cover the licensing of the organisational links referred to in this Article and those who form part of it, and the withdrawal, modification and suspension of such authorisations; permits. The Articles 76a, third member , and 99, first paragraph, part c, and second member , shall apply mutatis mutandis.
6 The requirements and obligations referred to in paragraph 3 shall, in any event, relate to the following subjects:
(a) the management and organisation of the relationship;
b. the legal relationship between the management of the relationship and the transporters and drivers of cars that are part of it;
c. the behaviour of drivers of tax-vehicles carrying out taxi services;
d. the recognisability of the cars by which taxi transport is carried out;
the arrangements for the preparation of the objective referred to in paragraph 2, in accordance with the requirements and obligations referred to in paragraph 3, by the link in a regulation;
f. the establishment of private-law checks on the fulfilment of the obligations laid down in the rules of procedure, by one or more independent and expert bodies and the action taken on the basis of any irregularities detected;
g. the registration and handling of complaints from consumers;
h. reporting on the results of the checks referred to in subparagraph (f) and of the actions of the link referred to in that part, as well as the handling of complaints referred to in subparagraph g;
a succession of instructions referred to in the seventh paragraph;
j. the methods of recording and accounting of the requirements and obligations referred to in points (a) to (i) and obligations by the organisational relationship.
7 The College of Mayor and Alderman of the municipal council may, on the part of the municipal public referred to in paragraph 1, give instructions to the drivers of motor vehicles referred to in paragraph 1, in so far as they are intended to be used for the on the ground of the proper implementation of the requirements and obligations referred to in the third paragraph.
8 In the case of ministerial arrangements, detailed rules may be laid down on the first and third paragraphs.
9 The rules referred to in paragraph 8 may in any case relate to:
the conditions and limitations of the application of the powers referred to in the first, third and seventh paragraphs;
b. The connection to or under Article 79 set rules.
10 This Article shall apply only to municipalities designated under a ministerial arrangement.
By way of derogation from Article 93 the College of Mayor and Aldermen of the relevant municipality shall be empowered to impose a charge under administrative constraints in order to maintain the obligations laid down in this paragraph.
1 For the purposes of treaties or acts of international transport policy or for reasons of international transport policy, rules may be laid down in or pursuant to general rules of administration on:
a. public transport, private bus transport and taxi transport crossing the Dutch border;
b. public transport, private bus and taxi services wholly supplied by a carrier established in the Netherlands or a carrier established in the Netherlands or by a carrier established outside the Netherlands;
c. driving an empty bus or car over roads open for public traffic in the Netherlands, or driving an empty bus or car by a carrier established in the Netherlands, in whole or in part outside the Netherlands or through an outside Netherlands established carrier in whole or in part in the Netherlands, in so far as it relates to the provision of public transport, private bus or taxi services.
2 The rules referred to in paragraph 1 may relate to the compensation payable by the applicant for the examination of the application for the grant or amendment of the documents required for that carriage.
1 The monitoring of compliance with or under this Law, of Regulation 1071 /2009/EC and of Regulation 1073 /2009/EC, shall be:
a. the persons designated by the decision of Our Minister;
(b) the decision of the governing bodies referred to in the Article 20, second, third and fourth paragraphs , designated persons, in so far as they are the concessions granted by them, for the specific cases of or under the Articles 19 , 29 , 30 to 40 , 46 and 63c, first, second and third members , with the exception of public transport by train for which, under this law, our Minister is the competent administrative board, and eleventh member, to the extent that the Consumer and Market Authority is not responsible for such supervision and
(c) persons appointed by decision of the college of mayor and aldermen of the municipalities concerned, in so far as it is concerned with the supervision of compliance with or under the conditions of Articles 82a and 82b .
2 The monitoring of compliance with the provisions of Regulation 1071 /2009/EC or by virtue of that law, of Regulation No 1071 /2009/EC and of Regulation No 1073 /2009/EC, shall also be responsible for: Article 141 of the Code of Criminal Procedure Officials referred to and those referred to in respect of this Act Article 17, first paragraph, below 2 °, of the Law on Economic Crimes designated officials.
3 Without prejudice to the first and second paragraphs, the monitoring of compliance with the case of or under the Articles 70 to 74 certain of the persons responsible for this purpose by the carrier.
4 The supervision of compliance with the provisions of Regulation No 1371 /2007/EC has been entrusted to the persons designated by the decision of Our Minister.
5 With the monitoring of compliance with the provisions of, or pursuant to Article 63c, fourth, sixth, to tenth paragraph and 11th paragraph, part b, to the extent Article 87 (5) , on that transport by general measure of management, as referred to in Article 2, second or fourth paragraph , application has been declared, implementing regulation (EU) No Commission Regulation (EC) No 869/2014 of 11 August 2014 on new passenger rail transport services (PbEU 2014, L 239) and EU-designated binding EU legal acts of general scope of the European Commission in the field of passenger transport International passenger transport services shall be entrusted to the Consumer and Market Authority.
6 With the monitoring of compliance with Regulation (EU) No 181/2011 shall be responsible for the persons designated by the decision of Our Minister.
7 Of a decision referred to in the first, fourth or sixth paragraphs, a notice shall be made in the Official Gazette.
1 Our Minister may lay down policy rules relating to the monitoring of compliance.
2 Policy rules related to supervision, intended to be carried out in Article 87 (5) , be established in accordance with our Minister of Economic Affairs.
1 With the detection of offences which are punishable by or under this Act, without prejudice to: Article 141 of the Code of Criminal Procedure , in charge of this Act pursuant to Article 17, first paragraph, below 2 °, of the Law on Economic Crimes designated officials. These officials are also responsible for the detection of the facts, punishable in the Articles 179 to 182 and 184 of the Code of Criminal Law , to the extent that these facts relate to an order, claim or act, made or taken by themselves.
2 With the detection of the facts criminalised by or under this law, the persons designated by the decision of Our Minister and our Minister of Justice shall also be jointly designated.
3 Of a decision referred to in paragraph 2 shall be communicated by the State Official Gazette.
The Article 87 Officials and persons referred to above shall not have the powers specified in the Article 5:18 of the General Administrative Law .
The Articles 5:12 , 5:13 , 5:15 to 5:17 , 5:19 and 5:20 of the General Law governing law shall be applied mutatis mutandis in respect of the Article 89 Officials and persons referred to.
The traveller who has not reached the age of 14 is obliged to claim the first claim. Articles 87 and 89 said officials and persons who have determined that the traveller has acted in violation of the Articles 70 or 71 , an identity document as referred to in Article 1 of the Identification Light Act to provide access to.
1 Our Minister is the enforcement agency referred to in Article 30 of Regulation No 1371 /2007/EC and the first paragraph of Article 28 of Regulation (EU) No 1371 /2007/EC of the European Parliament and of the Council of the European Union. 181/2011.
2 Our Minister is empowered to impose a charge under administrative constraints in order to enforce Regulation No 1371 /2007/EC, Regulation 1071 /2009/EC, Regulation 1073 /2009/EC, Regulation (EU) No 1073 /2009/EC. 181/2011 and of the obligations imposed by or under this Law.
3 The Consumer and Market Authority is empowered to impose a charge of penalty payments to enforce binding EU legal acts of general scope designated by the European Commission in the field of international passenger transport services.
The Executive Board of a Public Body as intended Article 20, third and fourth paragraphs (i) is empowered to impose a charge of enforcement in order to maintain the obligations imposed on or under the conditions of Articles 19, first and second members , 29 , 32 , 34 , 39 , 46 and 63c, first, second and third members -except for public transport by train for which, under this law, our Minister is the competent administrative board, and eleventh member, in so far as the enforcement competence is not on the basis of Article 94 has been granted to the Consumer and Market Authority.
In case of violation of Article 63c, fourth, sixth to tenth and eleventh member, part b , as far as Article 94 on that transport by general measure of management as referred to in Article 2, second or fourth paragraph The Authority has been declared to apply, and with the exception of public transport by train for which, under this law, our Minister is the competent administrative body, the Authority may impose a penalty on the offender and market to the offender.
1 The Consumer and Market Authority shares its intention to make a decision as provided for in Article 94 written and reasoned with interested parties.
2 By way of derogation from Section 4.1.2 of the General Administrative Law shall establish the Consumer and Market Authority, before deciding on the application of Article 94 interested parties to make their views known in writing or orally.
1 The Consumer and Market Authority may amend or revoke a charge under penalty payment.
2 By way of derogation from Section 4.1.2 of the General Administrative Law inform the Authority of the Consumer and Market Authority, before applying to the first member, on the occasion of the opportunity to express their views orally or in writing.
In case of violation of Article 63c, first, second, fourth, sixth to tenth and eleventh member, part b , as far as Article 96a on that transport by general measure of management as referred to in Article 2, second or fourth paragraph (2) The Authority is able to impose an administrative fine of up to € 450 000 per train for which, under this law, our Minister is the competent administrative body, the Authority may impose a penalty of up to € 450 000. or if that is more, 1% of the transgressator's net turnover.
Without prejudice Article 12b, 2nd paragraph, of the Incomposition Act Authority of Consumer and Market , meet the Article 87 or 89 or the Article 12a, 1st paragraph, of the Incomposition Act Authority of Consumer and Market Officials and persons referred to, if necessary, with the help of the strong arm, shall, if they consider themselves to be insufficiently involved in the performance of the tasks assigned to them, provide the necessary measures.
1 If the traveller acts in violation of the Articles 70 to 73 And the Article 74 set rules are the rules laid down in the Articles 87 and 89 the officials and persons concerned shall be empowered to withdraw the ticket and, if necessary, to prevent him from using the whole public transport system using the strong arm.
2 If the person who is in, or in the immediate vicinity of, a station, staging point or other provision attached to the public transport operation, or location as referred to in point Article 72 , acting in violation of Article 72, 73 or the Article 74 set rules, are the in Article 89 Officials and persons concerned shall, if necessary, be empowered to access a station, a staging point or any other provision of public transport services or the location referred to in Article 72 with the help of the strong arm. deny it.
3 In the case of, or under general management, rules may be laid down for the duration of a denial as referred to in the first paragraph or of paragraph 2.
4 It is prohibited to act in violation of a denial imposed on the basis of paragraph 1 or paragraph 2.
5 The in Articles 87 and 89 Officials and persons referred to above shall be responsible for suspecting an infringement of a breach of the Article 72 certain, in the presence of the traveller, to be convinced of the nature and content thereof and to exclude or remove hand luggage from the means of transport, taken from the means of transport, and has no jurisdiction.
1 Our Minister may issue a permit as intended Article 76, first paragraph , in accordance with rules to be adopted by general management measure, to amend, suspend or revoke:
a. if it has been acted in violation of, by or under this Act, certain;
b. if no longer is met by one of the Article 76, fourth paragraph , requirements, unless an exemption or waiver referred to in the fifth paragraph is granted in so far as it concerns the requirement of professional competence;
c. in the case and under the conditions specified in Article 3 of the Law of Promotion of Integrity Assessments by Public Administration .
2 Before applying to the first member, the Office may promote integrity assessments by public administration, intended in Article 8 of the Law of Promotion of Integrity Assessments by Public Administration , for an opinion as referred to in Article 9 of that Act will be requested.
1 Without prejudice Article 43, first paragraph , a concession may be withdrawn if a sanction has been imposed on the concessionaire in respect of infringement of the provisions of this Law or of the law. Article 43, second paragraph , is applicable.
2 The concession lender may be granted a waiver as referred to in Article 29 withdraw if the carrier acts in breach of, by virtue of, the carrier or by virtue of that law with respect to the carrier or with the waiver or the restrictions or regulations attached to the waiver.
1 Non-compliance with the Articles 70 to 73 and Article 98, fourth paragraph , as well as-as far as the offences referred to as criminal offences-under Article 74, second paragraph , is a violation and is punished with a detention of up to two months or a fine of the second category.
2 If the traveller applies to whom to whom by an official or person, intended in the Articles 87 and 89 , it has been established that he is acting in violation of the Articles 70 or 71 , does not comply with the obligation, Article 92 The penalties provided for in paragraph 1 shall be increased to a detention of not more than four months, and shall be a fine of the third category as a result of the penalties.
In the case of a general measure of administration, the right to criminal proceedings may be determined for infringement of the Articles 70 or 71 Is due to payment of a sum of money to the carrier or to be established under that measure by the means of the operation.
Violation of the Articles 7, 1st, 3rd and 4th Members , 76, 1st Member , and 76th, second and third members It is considered to be a crime.
1 In the case of, or under general management, rules may be laid down for public transport purposes other than public transport by rail and decided by coach transport:
a. Establishment and equipment of a car, bus, metro, tram or a vehicle propelled via a guide system;
b. Inspection of buses and cars;
c. To impose requirements on drivers of car, bus, metro, tram or a vehicle propelled via a guide system;
d. the manner in which it is demonstrated that the rules set out in points (a), (b) and (c) are fulfilled;
(e) the fees due for the work and documents to be issued in accordance with the rules referred to in points (a) to (d).
2 In so far as it is necessary to verify the fitness of directors, data relating to the health and behaviour of drivers may be incorporated in the context of the requirements referred to in point (c) of the first paragraph. The administrative body competent to review these requirements shall be responsible for the processing of the data as referred to in the Personal data protection law .
Our Minister conducts consultations on intended proposals of law, draft general measure of governance and draft ministerial regulations on public transport, private bus transportation and taxi transportation with at least a minimum cost. representatives of:
(a) representative organisations of employers and workers in public transport, the private bus transport and the taxi transport;
b. Provinces, Regional Public Bodies, and Communes;
c. representative organizations representing the interests of users of public transport, the private bus transport and the taxi services.
The nomination for the first adoption of a general measure of management under this Law shall not be taken until four weeks after the draft has been submitted to both Chambers of the States General.
1 Our Minister shall, in agreement with our Minister for Economic Affairs, send to the States-General a report on the effectiveness and effects of this Act within five years of the entry into force of this Law, in so far as it concerns the public transport and private bus transport, in practice.
2 Without prejudice to the first paragraph, our Minister shall forward to the States-General before 1 December 2004 a report on the effects in the practice of procurement of concessions as provided for in this Act.
3 With a view to decision-making on the introduction of an obligation to tender concessions with effect from 1 January 2006, our Minister shall forward to the States-General for 1 December 2004 a report on effectiveness and effects in the field of public service. Procurement practice of concessions.
4 Our Minister may investigate the development of competitive conditions in the Dutch market for public transport.
5 The concessionaires and the concessionaires shall, for the purposes of the reports referred to in the first, second and third paragraphs, or the investigation referred to in the fourth paragraph, provide the information which our Minister considers necessary on request.
Ministerial arrangements may stipulate that: Article 53, second paragraph , stay out of control. A proposal for a law approving the ministerial arrangement shall be forwarded to the Second Chamber of the States-General as soon as possible, but not later than eight weeks after the adoption of the scheme. If the proposal is withdrawn or if one of the two Chambers of the States-General decides not to adopt the proposal, the ministerial arrangement shall be withdrawn without delay. If the proposal is raised to law, then the ministerial arrangement shall be revoked at the time of entry into force of that law.
1 Our Minister designates the terminals as referred to in Article 12 of Regulation (EU) No 248/ (2). 181/2011.
2 Our Minister shall be empowered until 1 March 2021 to grant the exemptions provided for in Articles 2, 4th and Fifth paragraph of Regulation (EU) No 1481/2021. 181/2011.
3 Our Minister is empowered until March 1, 2018 to grant the exemptions as referred to in Article 16, second paragraph, of Regulation (EU) No 181/2011.
1 One year after the entry into force of Article 127 The agreements for the implementation of Articles 12 and 17 of the Passenger Transport Act, such as those articles for the entry into force of the Treaty, have expired. Article 127 , which exist between a government which, under the Passenger Transport Act, was competent for the establishment of timetables and a carrier.
2 The general government referred to in paragraph 1 may terminate the contract at an earlier date for the purpose of granting a concession to the carrier referred to in paragraph 1, or by another carrier.
An authorisation for the provision of taxi services before the date of entry into force of the Article 127 was granted under Article 57 of the Passenger Transport Act, as it was before the date of entry into force of the Act. Article 127 , without prejudice to any alteration, suspension, revocation or automatic expiry, as of the date of entry into force of this Regulation, shall be deemed to be Article 127 , as authorised by Article 4 .
An application for a taxi transport permit issued before the date of entry into force of this Directive. Article 127 was submitted pursuant to Article 57 of the Passenger Transport Act, as it was before the date of entry into force of the Act. Article 127 , and on which on the date of entry into force of Article 127 no decision has yet been taken, as from that date as an application for a permit for the provision of taxi transport pursuant to Article 5 .
1 An exemption from the requirement of professional competence granted before 1 January 1988 under Article 56a (1) of the Car Transport Act Persons, which has been designated as an exemption from that date as referred to in Article 9 (2), of the Transport Act, shall apply as from the day of entry into force of the Act of Article 127 as a waiver provided for in Article 9, second paragraph .
2 The person deemed under Article 68 of the Car Transport Act to meet the requirement of professional competence referred to in Article 56a (1) of that Law and under Article 105 of the Passenger Transport Act was deemed to comply with the requirements of Article 6 of the Act of Law on the carriage of persons, the requirement of professional competence referred to in Article 9, first paragraph, of that law, satisfies the requirement of professional competence, as referred to in Article 9 (1) of that Act. Article 9, first paragraph .
3 An exemption from the requirement of professional competence granted under the second paragraph of Article 9 of the Passenger Transport Act shall apply from the day of the entry into force of this Directive. Article 113 as a waiver provided for in Article 9, second paragraph .
1 A timetable for local or local public transport services such as this in force on the day before the entry into force of the Article 127 , remains valid until no later than one year after that day. The right of establishment, modification and implementation of the service provision as applicable on the day before the entry into force of the Regulation Article 127 will continue to apply.
2 A system of services for which a proposal has been submitted by the carrier pursuant to the Passenger Transport Act and to which, on the date of the entry into force of the Act, the competent administrative body designated pursuant to that Law Article 127 has not yet been decided, shall be fixed for a period of no more than six months in accordance with the law applicable to that day. The right of establishment, modification and implementation of the service provision as applicable on the day before the entry into force of the Regulation Article 127 will continue to apply.
3 Article 19 shall not apply to the provision of public transport on the basis of a timetable established in accordance with the first or second paragraphs.
4 The Article 30, third paragraph , 46 and 78 shall apply mutatis mutandis to the provision of public transport on the basis of a timetable established in accordance with the first or second paragraphs. Article 19 shall not apply to the provision of public transport on the basis of a system of services established in accordance with the first or second paragraphs.
5 The Articles 36 to 40 shall apply mutatis mutandis to the end of the provision of public transport on the basis of a system of services referred to in the first or second paragraph, to the extent that such termination is followed by the entry into force of a concession, granted to another carrier, for the provision of all or part of the provision of public transport as provided for under the provision of a service.
1 A decision designating a municipality as referred to in Article 39 of the Passenger Transport Act as this stated before the entry into force of the Act of Article 127 Retains its validity until the moment our Minister withdraws the decision.
2 By ministerial arrangement rules may be laid down on how our Minister gives application to the power to revoke a decision as referred to in the first paragraph.
Article 51 shall not apply to public transport carried out on the basis of a concession granted after tender, if the tender has taken place before the entry into force of the contract. Article 51 .
Certificates of verification, duplicates of proof-proof and other evidence issued on the basis of Article 69 of the Passenger Transport Act, as stated before the entry into force of this Article. Article 127 maintain their validity for the duration of the period for which they were issued.
1 Regarding the possibility of objecting or appeal against a decision made before the day of entry into force. Article 127 has been disclosed, the duty shall remain as it applies to that day.
2 In respect of any objection or appeal before the day of entry into force of the Article 127 In so far as it has not been decided upon the entry into force of this Act, the law shall remain as it applies to that day.
3 As regards any objection or appeal filed on or after the date of entry into force of this Act, which is directed against a decision which has also been objected to or appealed for that day, the right shall remain as it is the day of entry into force of the Article 127 applicable.
By way of derogation from Article 123 a statement of objection or appeal against a decision on the provision of taxi services submitted on or after 1 January 2000 pursuant to the Passenger Transport Act and in so far as they are concerned by the entry into force of the Directive on the carriage of passengers by taxi. Article 127 has not yet been decided, handled according to this law.
In the Articles 124b to 124e The following definitions apply:
a municipal transport operator: a transport undertaking within the meaning of Article 69, first or seventh member As that article was stated before the entry into force of the Procurement freedom law OV large cities .
A waiver prior to the date of entry into force of the Procurement freedom law OV large cities has been granted, on the basis of Article 24, second paragraph , or Article 61, second paragraph , as those articles provide for the entry into force of the said Act, shall remain in force for the duration for which such waiver has been granted, without prejudice to possible amendment, withdrawal or automatic expiry.
A concession granted for the entry into force of the Procurement freedom law OV large cities has been granted to a municipal transport company after the entry into force of that law, until 31 December 2019 at the latest, unless there is already a carrier to whom Article 63a a concession has been granted.
After a concession contract as referred to in Article 63a Decision that a public transport concession granted to the relevant municipal transport operator is granted by bus after a call for tender may be made, that transport undertaking may take part in a public transport concession is granted by means of a call for tenders and is not excluded from the invitation to tender for the purpose of such a decision.
1 In a municipal transport operation Article 69, first, second, third, and fifth member As it was before the entry into force of the Procurement freedom law OV large cities applicable.
2 The Consumer and Market Authority is entrusted with the supervision of the compliance of the first member.
3 The Articles 94 to 96a shall apply mutatis mutandis in the event of non-compliance with the requirements referred to in paragraph 1.
Article 38, second and third paragraphs , shall apply mutatis mutandis if a concession has been granted to a municipal transport operator and this concession ends, in whole or in part, as a result of the concession of that concession to another carrier.
The Articles 124a to 124f Expire on 31 December 2019.
The Passenger Transport Act is repealed.
The Law of 13 November 1997 amending the Passenger Transport Act (Stb. 1997, 559) is hereby repealed.
[ Red: Amendments to the Act on the Motor Vehicle Tax 1994.]:
Article 16, second paragraph, of the Law on Turnover Tax 1968 does not apply with regard to the royal decree to be taken after the adoption of this Law pursuant to the first paragraph of that Article, which is intended to Article 1 (3) (b) of the Decree-Law on exclusion tax relief, 1968 the reference to decided on bus transport to the Passenger Transport Act, to be amended in relation to the amendments to this Act.
After the entry into force of Article 127 The Maximum rate of duty and the taxi fares scheme , on Article 84 of this law.
2 Where Article 1 (E) of the proposal of the Act of 21 June 2010 submitted by a royal message, introducing rules for the promotion of quality in taxi services (32 424), enters into force, the Decision on passenger transport 2000 including the Articles 76, 6 , 77, third member , 78, second paragraph , and 79 , and is based on the Maximum rate of duty and the taxi fares scheme Include: Article 81 .
3 Where Article I, Section E, of the proposal of Law, submitted by royal message of 21 June 2010, introducing rules for the promotion of quality in taxi transport (32 424) enters into force:
a. In Article 6, first paragraph, of the Decision on passenger transport 2000 the references to the Article 4, third paragraph , 5 to 9 and 11 read as a reference to Article 76 , the reference to the Articles 12 and 13 read as a reference to the Articles 77 and 78 , and the reference to Article 104 read as a reference to Article 79, first paragraph, parts a, b, e, f and g, second and fourth member , of this law;
b. is being Article 72a of the decision referred to in subparagraph (a) the reference to Article 13, first paragraph , read as a reference to Article 78, first paragraph , of this law;
c. will be Article 115 of the decision referred to in subparagraph (a) the reference to Article 4 read as a reference to Article 76 of this law.
If, in the opinion of our Minister, there are grounds for the entry into force of the Articles 15 to 18 and 51 to 60 , having regard also to the judgment given in the Article 108, fourth paragraph This examination has shown evidence of competition in the competitive situation of the Dutch public transport market and the consultations conducted with one or both of the Chambers of the States-General in this matter, is a draft of a Royal Decree to the entry into force of those Articles as soon as possible to both Chambers of the States General.
This law is cited as: Wage of passenger transport 2000.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Given in Gravenhage, 6 July 2000
Beatrix
The Minister of Transport and Water,
T. Netelenbos
Issued the first August 2000The Minister of Justice,
A. H. Korthals
