Key Benefits:
Act of 30 October 2008 amending the arrangements for the carriage of goods and the self-carriage of goods by road vehicles (Goods transport goods)
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 to reduce the rules governing admission to the profession of freight carrier by road and for admission to the market for the carriage of goods by road, in order to reduce the administrative burden on the road haulage market. reduce the burden on freight carriers and improve the enforceable rules, having regard to the first Directive of the Council of the European Community of 23 July 1962 on the establishment of common rules for certain types of road freight transport (Pb EC 70), Regulation (EEC) 881/92 of 26 March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or through the territory of one or more Member States (PbEG L) 95), Regulation (EEC) 3118/93 -of the Council of the European Communities of 25 October 1993 laying down the conditions under which hauliers are admitted to the national carriage of goods by road in a Member State in which they are not established (PbEG L 279), and Directive No 96 /26/EC of the Council of the European Union of 29 April 1996 on access to the occupation of carrier of goods or passengers by road, national and international road and rail transport respectively, and on the mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate the exercise of the right of establishment of such carriers (PbEG L 124);
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:
Regulation of the Road Transport Regulation: the regulation designated by our Minister for the carriage of goods by road;
occupational transport: the transport of goods with one or more goods vehicles which are made against the compensation of one or more third parties, other than their own transport;
driver attestation: driver attestation as provided for in the road transport market regulation;
cabotage operations: domestic professional transport services by a carrier not established in the Netherlands;
CEMT permit: the authorisation to be issued by the Secretariat of the European Conference of Ministers of Transport (CEMT) for the provision of cross-border freight transport;
Community authorisation: Community licence as provided for in the road transport market regulation;
Own transport: carriage of goods with one or more goods vehicles which is either supplied for own account or as an activity of a support type directly linked to the main activity within the business;
State: Member State of the European Union;
Market Regulation for road transport: the market regulation designated by our Minister for the carriage of goods by road;
NWO: Foundation National and International Road Transport Organisation;
Our Minister: Our Minister of Infrastructure and the Environment;
Carrier: the natural person, the legal person, the company without legal personality or the measure for whose account and the risk the professional transport or transport of goods is carried out;
Transport Manager: Transport manager referred to in the Road Transport Professional Regulation;
Truck: Motor vehicle or a combination of vehicles used exclusively for the carriage of goods.
(1) In this law and the provisions based thereon, the carriage of goods by professional transport shall be understood to mean the unladen journeys and loading and unloading of goods in a lorry in connection with that transport.
2 And the provisions based thereon shall be understood to include a legal entity with no legal personality and a partnership.
3 A natural person transporting goods with a Community licence of a third party or with a licence as intended Article 7.1, first paragraph In the case of a third professional carriage of goods, if the goods are owned by the goods in the possession of the goods or the goods have otherwise been made available to him at the disposal of the goods.
4 The domestic transport of goods for the benefit of another legal person shall be made for the purposes of this Law on its own account if:
(a) that legal person, together with the carrier, with or without one or more other legal persons pursuant to a decision based on Article 15 of the Law on Corporate Tax 1969 , as a fiscal unit, or
(b) that legal person, together with the carrier, with or without one or more other legal persons pursuant to a decision based on Article 7 of the Law on Turnover Tax, 1968 , if a single company is considered.
This Law shall apply to the transport of goods and to the carriage of goods carried out:
a. By a carrier established in the Netherlands;
b. In the Netherlands, by a carrier established outside the Netherlands.
1 The Community licence is the Netherlands licence for the pursuit of the occupation of road haulage operator, as provided for by the Road Transport Regulation, is valid for a maximum period of five years. are extended for each five-year period.
2 A carrier has no access or no more access to the occupation of road transport operator if on the basis of Article 3.2, first paragraph , respectively 3.4, 1st Member , Article 3 of the Law of Promotion of Integrity Assessments by Public Administration applies to the carrier.
The professional road transport regulation applies to professional transport by an operator established in the Netherlands and carried out with one or more lorries with a deadweight capacity of more than 500 kilograms.
4 The NIWO is the competent authority for the Road Transport Regulation and the road transport market regulation.
5 In the case of, or under general management, conditions to be applied, subject to conditions under which conditions are granted in whole or in part by the Road Transport Regulation to a carrier established in the Netherlands who is solely responsible for the carry out domestic professional transport only having minor repercussions on the transport market due to the nature of the goods being transported or the small distance covered.
6 The nomination for a general measure of directors to be adopted pursuant to paragraph 5 shall not be taken than four weeks after the draft has been submitted to the two Chambers of the States.
1 The carrier established in another Member State is prohibited from carrying out cabotage operations in the Netherlands contrary to or pursuant to the market regulation for road transport.
2 By way of derogation from the road transport market regulation, the Minister may, subject to the transitional provisions of a Treaty concerning the accession of one or more States to the European Union, make it possible to apply it in the Netherlands a prohibition on cross-border trade or cabotage operations.
3 The provision of professional transport in violation of a prohibition laid down pursuant to paragraph 2 shall be prohibited.
4 The carrier shall be transferred to the spot if a supervisor responsible for monitoring compliance with the road transport market regulation has made the necessary proof required by that Regulation to ensure that cabotage operations are carried out in accordance with the provisions of the Compliance with that Regulation shall be done.
5 Cabotage operations by a carrier not established in a Member State shall be prohibited.
6 In implementation of a decision of the Conference of European Ministers of Transport or of a bilateral Convention with a State other than an EU Member State or equivalent State, may be implemented by or pursuant to a general measure of management derogation from the prohibition provided for in paragraph 5.
7 The nomination for a general measure of management to be adopted pursuant to paragraph 6 shall not be taken than four weeks after the draft has been submitted to the two Chambers of the States.
1 The carrier is prohibited in the Netherlands to carry out cross-frontier trade for journeys on the territory of Member States other than Member States, without having:
a. A valid CEMT permit; or
(b) one or more of the valid use of them under a Convention for the cross-border carriage of goods by another State.
2 The NICR grants only a CEMT licence or a permit for the provision of cross-border trade to the carriers established in the Netherlands, which are holders of a Community licence.
3 It is a carrier which is not established in a Member State prohibited from carrying out cross-border occupational transport to or from the Netherlands without having:
a. A valid CEMT permit; or
b. one or more of the applicable privileges on the basis of a treaty for the carriage of goods between the Netherlands with the State in which the carrier is established.
4 By arrangement of Our Minister, rules shall be laid down for the implementation of the first and third paragraphs and of decisions of the Conference of European Ministers of Transport. In any case, for that purpose, rules shall be:
a. The application for the grant of a CEMT licence or a permit;
b. the grant, use and revocation of a CEMT licence or a ride authorisation;
c. the particulars to be entered on the entry licence; and
d. The requirements to be attached to the CEMT licence or to the ritauthorisation.
5 It is prohibited from a carrier established in the Netherlands to carry out national own transport for journeys on the territory of Member States other than Member States, without having to dispose of any such carriage in force by the NIWO for that purpose ritorial authorisation, based on a Convention for the cross-border carriage of goods by another State.
6 It is a carrier which is not established in a Member State prohibited from carrying out its own transport in the Netherlands without having to have one or more of its valid privileges under a contract for the carriage of goods between the two Member States. The Netherlands with the State in which the carrier is established.
7 In implementation of a decision of the Conference of European Ministers of Transport, or of a Convention on the cross-border carriage of goods, the prohibition of the prohibition may be granted by way of a regulation of our Minister; intended in the first, third, fifth or sixth member.
1 The States other than Member States, which are parties to the Agreement on the European Economic Area, shall be the same as a Member State for the purposes of the road transport market regulation and of this Law.
2 In so far as it results from a Treaty of the European Union with a State, that State shall be equivalent to a Member State for the purposes of the road transport market regulation and this Act.
3 Permits and attestations for drivers granted by the States referred to in paragraphs 1 and 2 shall, for the purposes of the road transport market Regulation, be treated as Community licences. Each other with driver-led testing.
4 Our Minister makes communication from the States to which the second paragraph applies in the Official Journal.
1 The carrier established in the Netherlands or in another Member State is prohibited from carrying out professional transport without a Community licence which is valid for that purpose.
2 The carrier is prohibited in the Netherlands or in another Member State from carrying out professional transport without the presence in the goods of a certified copy of the Community licence referred to in paragraph 1.
3 It is prohibited from a carrier established in the Netherlands to carry out cross-frontier trade or cabotage operations in breach of the driver attestation in accordance with the road transport market regulation.
4 It is prohibited from a carrier established in another Member State to carry out, either from the Netherlands or from the Netherlands or within the Netherlands, cabotage operations contrary to the provisions of the Road Transport Regulation for road transport on the driver attestation.
1 It is prohibited to carry out professional or private transport in respect of which the goods are contrary to the rules designated by our Minister, which are laid down in or pursuant to the provisions of the Road Traffic Act 1994 .
2 The first paragraph shall apply mutatis mutandis to the provision of occupational transport.
1 It is the holder of a Community licence or of a licence as referred to in Article 7.1, first paragraph Prohibited whether or not to make available a certified copy of that licence against payment to a third party for the purpose of the provision of professional transport.
2 The first paragraph shall apply mutatis mutandis to the person to whom a certified copy of that licence has been made available by the holder of a licence.
1 The conditions relating to the reliability of the road transport regulation for a carrier are as follows:
(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 less than two years old where it has been established that the carrier has failed to comply with the rules governing financial conditions in force; and
(c) the absence of an irrevocable condemnation and irrevocable sanction against the carrier of a less than two years ' old, for very serious infringement of Community legislation, as provided for by the Road Transport Regulation, is designated;
(d) the number of irrevocable convictions or irrevocable sanctions against the carrier which is less than two years old because of the conditions imposed by the Secretary of State for the procedure of the Minister, taking into account the provisions of the road transport, which is designated serious infringements of Community law, does not exceed the limits laid down in that scheme; and
e. the one or more designated transport managers have not been declared unfit by a competent authority for that Regulation to be in charge of the transport activities of a carrier or carrier by means of a competent authority for that Regulation; have been rehabilitated after such an iraptitude statement.
2 The conditions relating to the reliability of a transport manager referred to in Article 6 of the Road Transport Regulation are as follows:
(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 an irrevocable decision of a less than two years as referred to in paragraph 1 (b), in which he was in charge of the transport activities of the carrier concerned;
(c) the absence of an irrevocable conviction or sanction against him of less than two years of age because of an infringement of Community law which has been designated by the Regulation on road transport as a very serious breach of Community law;
(d) the number of irrevocable convictions and irrevocable penalties which are less than two years old because of the rules of the Minister's arrangement, taking into account the provisions of the applicable rules for road transport, the designated serious infringements of Community legislation do not exceed the limits laid down in that scheme; and
e. the absence of a conviction and of a sanction as referred to in paragraph 1 (c), in which he was in charge of the transport activities of the carrier concerned.
3 For the purposes of application of paragraphs (c), (d) and (e) of the first paragraph, parts c, d and of the second paragraph, convictions and penalties, which have become irrevocable before 4 December 2011, shall not be taken into account.
4 By way of regulation of our Minister, account may be taken of the requirements of financial capacity and competence in respect of road transport and the road transport regulation.
1 The NIWO declares in derogation from Article 2.8, first paragraph , a carrier who does not comply with parts b or c of that article member, as reliable, if the loss of reliability is a disproportionate sanction.
2 The NIWO declares in derogation from Article 2.8, second paragraph , a transport manager, who does not comply with parts b, c or e of that article member, as reliable, if the loss of reliability is a disproportionately strict sanction.
3 The publication of a decision on the loss of the reliability of a carrier shall be effected in a single written form with the publication of the decision to suspend or revoke its Community licence.
4 The publication of a decision on the loss of the reliability of the 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 disqualification.
5 The consent of Our Minister is required for the adoption of a decision of the NIWO as referred to in the first or second paragraph, except as provided otherwise by a general measure of management.
6 The consent may be withheld only because of conflict with the law or the principle of equality in the interests of fair competition in the market for the transport of goods.
7 In the case of, or under general management, rules are laid down on the application of the first, second and fifth paragraphs, and may include other measures for rehabilitation or measures of equivalent effect and detailed rules on reliability shall be fixed.
8 The nomination for a general measure of management as referred to in paragraph 7 shall be submitted not earlier than four weeks after the draft has been submitted to both Chambers of the States General.
1 The NIWO shall provide to our Minister without delay upon receipt of an application for the grant or renewal of a Community licence a copy of it.
2 The NICR reports to our Minister after receiving the carrier's request for this purpose, which one or more natural persons has designated the carrier as transport managers.
3 The NIWO reports to Our Minister the name of a transport manager she has declared unfit to be in charge of being in charge of the road transport regulation because of the non-compliance with the reliability requirement. transport activities of a carrier.
4 Our Minister and the NIWO process personal data for the purposes of implementation of the appeal regulation and the market regulation and the application of or pursuant to this Act, in particular in the interest of maintaining access requirements to the occupation of carrier and the reliability of the transport manager.
5 Our Minister and the NIWO are responsible as intended in Article 1 (d) of the Personal Data Protection Act , for the data referred to in paragraph 4 of this Article.
-The Registrar of a Court of First Instance Article 2 of the Law of the Judiciary provide to our Minister of Security and Justice a copy of a:
(a) Award finding that the carrier has failed to comply with the applicable rules on financial conditions of employment; and
b. pronunciation of a declaration of a judgment as referred to in subparagraph (a).
7 By arrangement of Our Minister, rules may be given for the application of the 4th member.
1 Our Minister designates an examination institute responsible for the organisation and certification of examinations provided for in the Road Transport Regulation.
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 the rules on the regulation of road transport.
1 It shall be prohibited to carry out occupational transport by the use of drivers of lorries which are not in service with him.
2 In the light of the provision of services referred to in paragraph 1, the carrier and the driver of a lorry shall make a joint declaration stating that:
a. the transport for the account and the risk of the carrier is carried out; and
b. there is a wage and authority relationship between the carrier and the driver of a cargo car.
3 Our Minister shall establish the model of the declaration referred to in paragraph 2.
4 The rules of our Minister are subject to rules on cases where our Minister may waive the prohibition set out in paragraph 1 and the documents required in those cases.
5 An exemption may be subject to restrictions and rules may be attached to a waiver.
1 The driver attestation shall be issued for the period when the driver is responsible for the Foreigners law is entitled to work but not more than a period of five years.
2 The NIWO may extend the validity of the driver attestation to a period of no more than five years if the period during which the driver is due to Foreigners law is entitled to perform work, has been extended.
1 It is prohibited to carry out professional transport where a consignment note has not been made in respect of such transport.
2 The prohibition provided for in paragraph 1 shall not apply to domestic professional transport which:
a. shall be carried out with one or more lorries with an authorised deadweight of not more than 500 kg; or
b. The regulation of Our Minister has been appointed.
3 In the case of ministerial arrangements, rules shall be laid down:
a. the contents of the consignment note for domestic occupational transport; and
b. The use of the consignment note for domestic and cross-border occupational transport.
1 The NIWO shall decide within eight weeks of its receipt on the application by a carrier:
(a) the granting or renewal of a Community authorisation;
(b) the granting or renewal of a driver attestation; or
c. To grant a CEMT licence or a ride authorisation.
2 The NIWO shall take out an application as referred to in paragraph 1 not earlier than after it has received the application Article 4.6, first paragraph, part a , has received payment due.
3 If the NIWO has not decided in time, the application shall be allocated.
1 The NIWO refuses to grant or renew a Community permit in the event and under the terms of Article 3 of the Law Promotion Integrity Assessers by public administration.
2 Before the NIWO gives application to the first member, it may promote the Office's promotion of integrity assessments by the Public Administration, as referred to in Article 2 (2). 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 Questions.
3 The NICR refuses to grant or renew a Community licence or to grant or withdraw a driver attestation if the carrier does not meet or no longer meets the requirements for the exercise of the profession of road transport operator of the Road Transport Regulation.
4 The NICR declares a transport manager unfit to be in charge of the transport activities of a carrier if he no longer fulfils the requirement of reliability of the road transport regulation.
5 The NICR is to revoke or suspend the Community licence or a driver attestation in accordance with the applicable procedure of the Road Transport Regulation if the carrier no longer complies with the requirements of the the exercise of the occupation of road transport operator of that Regulation.
6 The NIWO states by a decision repealing a Community licence because of the failure to meet the reliability requirement, a period of time for rehabilitation.
7 A carrier whose Community licence has been suspended by the NIWO for failure to comply with the reliability requirement is after the expiry of the period of that suspension for the purposes of applying the Road Transport Regulation. The market regulation for road transport and this Law has been rehabilitated.
8 A carrier of which the NICR has withdrawn the Community licence due to failure to meet the reliability of the licence is after the expiry of the period referred to in paragraph 6 for the purposes of the application of the Road Transport Regulation, the The market regulation for road transport and this Law has been rehabilitated.
9 A transport manager who, due to failure to meet the reliability requirement, has been declared unfit by the NIWO to perform his function, is after the expiration of the deadline for the dismay, for application of the certificate. Regulation of the Road Transport Regulation, the road transport market regulation and this law have been rehabilitated.
1 The NIWO refuses to grant the grant of a CEMT licence if it is unlikely to be used, either insufficient or for the purpose of a bilateral transport operation.
2 The distribution of CEMT licences and privileges available for the calendar year of the carriers established in the Netherlands may be subject to detailed rules for the benefit of the Minister.
1 The NICR is about to suspend or revoke the Community permit, in the case and under the terms, intended in Article 3 of the Law of Promotion of Integrity Assessments by Public Administration .
2 Before the NIWO gives application to the first member, it may promote the Office's promotion of integrity assessments by the Public Administration, as referred to in Article 2 (2). 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 Questions.
1 The NIWO draws a CEMT licence or a permit granted to a carrier established in the Netherlands in:
a. at the request of the carrier;
(b) if the carrier no longer has a valid Community licence; or
c. the corresponding Article 2.3, fourth paragraph -, established cases.
2 The NIWO may withdraw CEMT licence granted to a carrier established in the Netherlands if the carrier has not made use of it, insufficient or only for the purpose of a bilateral transport operation.
1 The carrier delivers an expired or revoked Community licence, CEMT permit, ritorial authorisation, permit as intended Article 7.1, first paragraph , whether a dilapidated or revoked driver attestation to the NIWO within one week of the expiry date, or the date of entry into force of the decision to revoke.
2 The first paragraph shall apply mutatis mutandis to certified copies of the expired or withdrawn Community licence or of the revocation or withdrawal of the driver attestation.
1 The NIWO is in charge of:
a. the tasks of the competent body responsible for the regulation of the road transport sector and of the competent authority for the market regulation of road transport;
b. the granting and revocation of a CEMT licence or a permit;
c. the research, intended to Article 7.1, third and fourth members ;
d. Withdrawal of a permit, intended to Article 7.2, first and second paragraphs ;
Support for negotiations in the framework of agreements on freight transport;
f. the management of data files and the provision of data from those files, by virtue of its public functions; and
g. the holding of an electronic register with the information provided by the Secretary of State for that matter.
2 By arrangement of Our Minister, the NIWO may be entrusted with other tasks in respect of freight transport.
3 On the NIWO the Framework Law on self-employed administrative bodies applicable.
The policy rules set out by the NIWO in relation to its tasks as referred to in Article 4.1 shall be published in the Official Gazette.
1 The Board of the NIWO is composed of:
(a) members appointed by representative organizations representing the various interests in respect of the carriage of goods and designated by our Minister; and
b. Two independent members appointed by Our Minister.
2 The number of board members to be appointed per representative organization shall be determined by representative organization, which may not exceed 40% of the total number of board members.
3 The organizations referred to in the first paragraph may suspend and fire the members of the Board of the NIWO appointed by them.
4 Our Minister may suspend and dismiss the independent members of the Board of the NIWO appointed by him.
5 The members of the Board of the NIWO are appointed for a period of three years which can be extended for a maximum period of three years.
6 The organizations referred to in paragraph 1 shall appoint alternates for the members appointed by them.
7 The meetings of the Board may be attended by officials designated by Our Minister.
1 The NICR does not bring any change to its articles of association or does not take a decision until it has been approved by our Minister.
2 The NIWO annually creates a budget of benefits and expenses that need the consent of Our Minister.
3 The 10:28 to 10:31 of General Law governing law shall apply mutatis mutandis to the first and second members.
In any event, the NIWO mentions in the annual report:
a. the number of holders of a Community licence, CEMT licence or a permit as specified in Article 7.1, first paragraph on the first day of the calendar year and on the last day of the previous calendar year;
b. The number of certified copies of the licences referred to in subparagraph (a) to the first and on the last day of the previous calendar year;
c. renewed or withdrawn the number of Community licences, driver licences, CEMT licences and authorisations granted in the previous calendar year;
d. The number of certified copies of the Community licences granted in the previous calendar year;
e. the number of licences as referred to in Article 7.1, first paragraph , which has been withdrawn in the previous calendar year.
1 Our Minister may give to the NIWO clues of a general nature regarding the implementation of the Article 4.1 , these tasks.
2 The rules of our Minister may lay down detailed rules on the exercise of the supervision of the NIWO.
1 To cover the cost of execution of the application or under Article 4.1 work dedicated to the NIWO:
a. The applicant shall pay the NIWO a fee for the consideration of an application for grant or renewal of a Community licence, for the grant or renewal of a driver attestation, to the grant of an application for a CEMT licence or a permit;
b. The holder of a Community licence shall be payable annually to the NIWO;
c. is the holder of a permit as intended in Article 7.1, first paragraph , each year a fee payable to the NIWO.
2 The NIWO shall set the rates of the fees referred to in the first paragraph.
3 The fees for the fees referred to in paragraph 1 (a) shall be fixed in such a way as to ensure that the benefits of such fees do not exceed the budgeted costs of the treatment of the applications referred to in paragraph 1.
4 The fees for the allowances referred to in points (b) and (c) of paragraph 1 shall be established in such a way as to ensure that the benefits of such fees do not exceed the burden of the tasks referred to in the first subparagraph. Article 4.1 , other than the processing of applications.
5 Under the charges referred to in paragraph 4, the contributions to the reserves of the NIWO shall be taken into account.
6 The NICR shall make the decisions fixing the rates of the fees referred to in paragraph 1, known in the Official Journal, indicating the day to day of the decision of Our Minister granting the approval or indication of the fact that Article 10:31, 4th paragraph, of the General Law governing the administrative law , a decision to approve shall be deemed to have been taken.
1 With the monitoring of compliance with the Road Transport Regulation, the road transport market regulation and of the provisions of this Act, the following:
a. the at or under Article 141 of the Code of Criminal Procedure designated officials;
b. the persons designated by the decision of Our Minister.
2 Of a decision referred to in paragraph 1 (b), a notice shall be made by the State Official Gazette.
1 Our Minister is empowered to impose a charge under administrative constraints to enforce the provisions of the Road Transport Regulation or of the road transport market regulation or of the road transport market regulation or of the rules laid down in this Act. Obligations.
2 By way of derogation from Article 5:24, third member, of the General Administrative Law , the decision to apply administrative coercion can be made known to the driver of the lorry in respect of which coercion will be applied.
3 In case of violation of Article 3.6 the NIWO may impose a penalty on the carrier under penalty payments in order to reverse that infringement.
The Dutch criminal law shall also apply to the carrier established in the Netherlands who is guilty of an infringement of the provisions of, or under this law, outside the Netherlands.
1 The officials, on the basis of Article 17 of the Law on Economic Crimes are responsible for the detection of infringements of this Law, shall be responsible for the carriage of goods carried out in violation of the provisions of this Directive. Articles 2.3, first and third paragraphs and 2.5 to prevent and to make a mechanical device or make a mechanical device to the truck with which the offence has been committed, which prevents the road from being driven away, in order to prevent the infringement.
2 The mechanical device applied shall be removed after the infringement has been delayed or after the expiry of 48 hours and the cost of the application and removal of the device has been completed.
The official concerned shall draw up minutes of application of the mechanical device referred to in the first paragraph. It shall send this report within twenty-four hours to the district prosecutor in the district in which the court is situated where the application of the mechanical device referred to in the first paragraph has been made. A copy of the minutes shall be given simultaneously to the driver or sent to the driver.
1 Any person concerned may oppose the application of the mechanical device, Article 5.4, first paragraph , submit a review to the court for four weeks, intended to Article 5.4, third paragraph .
If the Court of Justice considers the appeal to be valid, it may provide that the State of the Netherlands shall be subject to compensation.
3 Against the order of the court, the prosecutor's office shall be open to the court within two weeks and the party concerned shall be open to the court within two weeks of its being served.
4 Against the order of the Court of Justice, the Office of the Public Prosecutor's Office shall be open in cassation within two weeks after it was served to the Public Prosecutor's Office.
1 The prohibitions referred to in Article 2.5 , do not apply to domestic professional transport by a carrier having a valid licence as referred to in the Article 5, first paragraph, of the Road Hauts Act on the road , which was granted prior to the entry into force of this Act.
2 The authorization referred to in paragraph 1 shall remain valid for an indefinite period.
3 The NIWO investigates every five years if the carrier is a natural person or:
a. He fulfils the requirements of reliability, financial standing and competence; or
b. he fulfils the requirements of reliability and financial standing and the natural person who leads the transport activities permanently and effectively, meets the requirements of reliability and professional competence.
4 The NIWO investigates every five years where the carrier is a legal person, or:
a. He fulfils the requirements of reliability and financial standing;
b. The one or more natural persons who permanently and effectively lead the transport activities meet the requirements of reliability; and
(c) at least one of the natural persons referred to in point (b) meets the requirements of professional competence.
5 The Articles 2.8 and 2.8a and Article 7 of the Road Transport Regulation shall apply mutatis mutandis to the licence provided for in paragraph 1.
6 At or under Article 21, first, or second paragraph, of the Decision on the carriage of goods by road , as stated on the day before the entry into force of this Act, shall apply mutatis mutandis.
1 The NIWO withdraws the permit, intended Article 7.1, first paragraph , in:
a. If the requirements of reliability, financial standing and competence are no longer met, as specified in: Article 7.1, third, fifth and sixth paragraphs, fourth to sixth members ;
b. at the request of the holder of the authorisation;
c. if the carrier has ceased its transport operations; or
d. if the one or more natural persons who, before the entry into force of this Act, permanently and effectively led the transport operations of the carrier and fulfilled the requirement of professional competence, Article 7.1, third and sixth paragraph of the fourth and sixth paragraphs , no longer permanently and effectively give guidance to those transport activities.
2 The NIWO may permit, intended to Article 7.1, first paragraph , in the case of and under the conditions specified in Article 3 of the Law of Promotion of Integrity Assessments by Public Administration .
3 Before the NIWO gives application to the second member, it can promote the Office of Integrity Assessments by Public Administration, referred to 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 Questions.
4 The authorisation, for the purpose of Article 7.1, first paragraph The following shall be deleted from the law as from the date of:
(a) death or the entry of legal incapacity of the natural person to whom the authorization was granted; or
(b) dissolution of the legal person to which the authorisation was granted.
5 Article 13 of the Road Transport Regulation shall apply mutatis mutandis if, as a result of death or physical or legal incapacity of a natural person, the requirements of good repudiation and reliability are no longer met competence, for the purpose of Article 7.1, third, fifth and sixth paragraphs, fourth to sixth members .
1 Against a decision taken pursuant to the Road Transport Regulation of the Road Transport Market Regulation or of this Law, an interested party may bring an action before the College van Beroep for the business community.
2 By way of derogation from the first paragraph, an interested party may, if the Article 2.8a, fifth paragraph is not required by our Minister, shall not institute any appeal against a decision of the NIWO on the loss of reliability as referred to in Article 2.8a, third and fourth paragraphs.
The Carriage of goods by road shall be withdrawn.
This Law shall enter into force on a date to be determined by Royal Decree. A royal decree may fix other dates on which the parts of Article 8.4 Enter into force.
This law is cited as: Road transport goods.
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.
Entry
' s-Gravenhage, 30 October 2008
Beatrix
The Minister of Transport and Water,
C. M. P. S. Eurlings
Published the ninth of December 2008The Minister of Justice,
E. M. H. Hirsch Ballin
