Key Benefits:
Decision of 14 December 2000 laying down a general measure of administration for the implementation of the Passenger Transport Act 2000 (Transport Decision 2000)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister for Transport and Water, of 10 July 2000, Central Board of Legal Affairs, No. CDJZ/WVW/2000-767;
Having regard to the Articles 2 , 3 , 8 , 9 , 14 , 27 , 28 , 29 , 30 , 31 , 32 , 35 , 44 , 46 , 49 , 70 , 74 , 82 , 83 , 86 , 99 , 102 and 104 of the Passenger Transport Act 2000 , the Road Traffic Act 1994 , Article 5:12, second paragraph, of the Working Time Act, Article 22 of the Motor Vehicle Liability Insurance Act , Article VI, second paragraph, of the Law of 26 February 1996 amending the Law of the Judicial Organisation and other laws relating to the removal of the function of traffic error (Stb. 155) , Article 12 of Book 5 of the Civil Code , Article 5 (4) , and 15, third member, of the Transport of Goods Act on the road , the Articles 8 and 9 of the Infrastructural Fund Act , the Articles 27 and 32 of the Railway Act , Article 74c of the Code of Criminal Law , Article 16 of the Law on Taxation of Passenger Cars and Motor Vehicles 1992 , Article 72, first paragraph, of the Act on Motor Vehicle Taxation 1994 , and the Aliens Act;
The Council of State heard (opinion of 18 September 2000, no. WO9.00.0283/V);
Having regard to the further report by Our Minister for Transport and Water State, of 7 December 2000, Central Committee on Legal Affairs, No CDJZ/WVW/2000-41452;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
a. EEA: Agreement on the European Economic Area,
b. Directive No 2004 /18/EC: Directive No 2004 /18/EC of the European Parliament and of the Council of the European Union of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (PbEU L 134),
c. Act: Passenger Transport Act 2000 ,
(d) Member State: Member State of the European Union,
e. passenger ship: ship as intended in the in Article 1 of the Inland Sea Decree recorded definition of passenger ship,
f. Electronic transport ticket: means of transport which enable the traveller to access public transport after electronic registration;
g. on-board computer card: memory card with chip for use in the on-board computer with which the on-board computer can determine the identity of the cardholder;
h. Driver card: onboard computer card issued to a driver by which the on-board computer can identify the driver and where data can be stored;
i. assessment card: on-board computer card issued to an approved workshop identifying the workshop and allowing data to be transferred;
j. enterprise card: on-board computer card issued to a carrier identifying the carrier in question and which can be visible and transferred to the data stored in the on-board computer;
k. ferry: ship as intended in the in Article 1 of the Inland Sea Decree recorded definition of ferry,
(EC) Regulation (EC) No 1370/2007: Regulation (EC) No 1370/2001: Commission Regulation (EEC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulation (EEC) No 1191/69 and Regulation (EEC) No 1370/2007 of 23 October 2007 on public passenger transport services Council Regulation (EEC) No 1107/70 (PbEU L 315).
The Law and Regulation 1071 /2009/EC shall not apply to:
a. military transport with means of transport equipped with a military registration number, on transport with means of transport advanced by a military authority, and on transport advanced by a military authority;
(b) transport by means of transport intended for that purpose, from officials of police appointed for the execution of the police task, in the performance of their duties and of persons under criminal or judicial proceedings;
(c) transport by means of transport for the purpose of fire and for the purpose of accident and disaster relief services to be designated by our Minister;
d. other transport services for the exercise of public service within the meaning of Article 1 of the Civil Service Act Means of transport intended therefor;
(e) transport of the sick or the victims of an accident and their escorts with motor vehicles as intended Article 1, first paragraph, part b, of the Temporary Act ambulance care ,
f. carriage by cars or buses for the execution of weddings or funeral services, including the taking-off and return of participants,
(g) transport by means of transport in use as part of a historical collection, in so far as it is not commercial in nature or has a minor impact on the transport market,
h. carriage by means of transport taking part in a parade held in accordance with a municipal ordination,
(i) carriage by means of transport at the time when they are used for teaching and taking trials of practical driving under supervision, provided that no more than five persons are in the means of transport,
j. transport within the Netherlands with tow trucks and tagged means of transport,
(k) transport by means of transport to be moved for the purpose of storage, maintenance and repair or, in the case of a short test drive,
(l) carriage by cars, on own account and at the risk of undertakings for the benefit of their employees, educational institutions for the benefit of their pupils, children's centres for childcare purposes, Article 1.1. of the Law on daycare and quality standards in nurseries , homes for the benefit of their permanent residents, as well as nursing facilities, psychiatric institutions, medical care homes, daycare centres or similar institutions for the benefit of their patients,
m. carriage with a combination of a commercial vehicle, agricultural or forestry tractor or motor vehicle with reduced speed as specified in Article 1.1 of the Rules of Procedure , with a trailer as intended Article 1.1 of the Rules of Procedure ,
(n) carriage by cars, on own account and at the risk of non-motorsport enterprises generating turnover solely from the organisation of outdoor activities, provided that the transport is inseparable from the activities of outdoor sport and no separate payment is made,
o. transport, carried out by drivers supplying driver services in a car to consumers who are themselves in possession of that car,
p. transport of persons with disabilities in cars, for the benefit of a multi-day holiday which is adapted to the specific needs of those persons.
1 Under the cost of the car, intended in Article 2, third paragraph, of the Act These are the costs of depreciation, insurance, motor vehicle tax and fuel, and maintenance and repair costs.
2 As incidental expenses as referred to in Article 2, third paragraph, of the Act The terms 'fees' for volunteers shall be considered as the amount to be fixed by ministerial arrangement.
The Articles 7, 1st paragraph , 12 , 13 and 14, first paragraph, of the Act and the Articles 21 to 30 of this Decision shall not apply to decided bus transport operations which are carried out as secondary activity for a principal activity which does not consist of the transport of persons or of non-commercial nature, and which has a minor impact on the transport market.
Article 32, second paragraph, parts (i), (j) and (k) of the Act shall not apply to public transport other than by train.
The Articles 41 to 43 , 45, first paragraph, part a , 46 and 50 shall not apply to public transport by rail.
1 The Articles 14 , 70 to 74 , 76 to 79 , 87 , 88, first paragraph , 89 to 93 , 97 to 99 , 101 , 103 , 105 and 106 of the Act and the Articles 12 to 23 , 26 , 28 to 30 , Chapter 4 with the exception of the Articles 41 , 42 , 43 and 50 , Chapter 6 , except for articles 73 , 74 and 78 , 118 , 120 , 121 , 124 and 126 The provisions of this Decision shall apply mutatis mutandis to each of the following passenger transport services per car which is not carried out according to a timetable:
a. under an administrative body as defined by Article 20 of the Act -a contract concluded with a carrier following a tender procedure under the conditions of the Framework for invitations to tender EEC rules for the award of service contracts;
b. on the call of passengers, to the extent that such carriage has been pre-ordered with him within a time specified by the carrier; and
(c) in the place of an unwound or in addition to an existing public transport provision.
2 The Articles 27 , 28 , 31 , 32 and 44 of the Act and the Articles 31 to 34 The provisions of this Decision shall apply mutatis mutandis to transport as referred to in paragraph 1, with the exception of:
a. concession: in Article 6, first paragraph, of the decision referred to;
b. concessionaire: carrier;
(c) Rules to be awarded to the concession: items to be regulated in the contraa;
d. concession area: area for which the Agreement is concluded;
e. timetable: service characteristics, which are the area within which and the times between which the transport is to be carried out, the pre-notification time and the accumulation or arrival margin.
3 The carriage referred to in paragraph 1 shall be transport referred to in: Article 69, first paragraph, of the Act which may be carried out by a municipal transport operator.
1 The Articles 12 , 13 , 14 , 70 to 74 , 87 , 88, first paragraph , 89 to 93 , 97 , 98 , 101 , 102 , 105 and 106 of the Act , and the Articles 10 and 11 , Chapter 4 with the exception of the Articles 41 , 42 , 43 and 50 , the provisions of this Decision shall apply mutatis mutandis to each of the following passenger transport services in accordance with a system of service per passenger ship carried out:
a. under an administrative body as defined by Article 20 of the Act a contract concluded with a carrier for a period not exceeding six years or for a longer duration, provided that our Minister with that duration has agreed on the basis of significant investment by the carrier in the transport necessary for the transport to be carried out materiel; and
b. the agreement reached after a tender procedure for awarding public service contracts under the contract procedure. Framework for invitations to tender EEC rules For the award of service contracts.
2 The Articles 27 , 28 , 31 , 32 and 44 of the Act and the Articles 31 to 34 of this Decision shall apply mutatis mutandis to transport as referred to in the first paragraph, but shall be read:
a. concession: in Article 7, first paragraph, of the decision referred to;
b. concessionaire: carrier;
(c) Rules to be awarded to the concession: items to be regulated in the contraa;
d. concession area: area for which the Agreement is concluded.
3 This Article shall not apply to carriage carried out with passenger ships:
a. A maximum design speed of less than 30 kilometres per hour;
b. Those intended for the carriage of vehicles on more than two wheels, other than a brommobile or a disabled vehicle as intended in Article 1, part ia, part number r of the Rules of Procedure and traffic signs 1990 or
c. on the Wadden Sea, including the connections to the North Sea.
4 The carriage referred to in paragraph 1 shall be transport as referred to in Article 1 (1). Article 69, first paragraph, of the Act which may be carried out by a municipal transport operator.
1 The Articles 1 , 12 to 14 , 19, first and second members , 23, first and second members , 25 first, second and third members , 26, first paragraph with the exception of the phrase 'referred to in Article 20, second and third paragraphs' , 27 , 28 to 29a , 31 to 32a , 33 to 37 , 38 with the exception of the second and third members , 39 , 40 , 41 , 43 , 43a to 43c , 44 , 45 , 46 , 49 , 70 , 71 , 72 , 73 , 74 , 87 with the exception of the fourth member , 88, first paragraph , 89 , 90 to 93 , 97 , 98 , 100 , 101 , 102 , 105 and 106 of the Act and the Articles 1 , 2 , 10, first paragraph, parts (a) to (e) and (g) , 11 , 31 , 33 , 34 , 39 , 44 to 46 , 48 , 49 , 51 , 52 and 53 The provisions of this Decision shall apply mutatis mutandis to the carriage of passengers by ferry or passenger ship of two or more places of supply situated on the Wadden Sea with or without a system of service by ferry or passenger ship carried out. of the connections to the North Sea and with ports which are in open contact with the Wadden Sea, linking Vlieland, Terschelling, Ameland or Schiermonnikoog to the mainland.
2 The carriage of persons referred to in paragraph 1 shall also cover the transport of persons moving by motor vehicle, as defined in paragraph 1. Article 1, first paragraph, part c, of the Road Traffic Act 1994 , except for lorries as intended for Article 1.1 of the Road Transport Act . The intended motor vehicles may be equipped with a trailer.
3 Our Secretary of State grants concessions to the carriage of passengers, referred to in paragraph 1, for a maximum period of 15 years after a call for tenders has been issued. Article 5, third paragraph, of Regulation (EC) No 1370/2007 shall apply.
4. Our Minister may, by way of derogation from the third paragraph, grant the concession referred to in that paragraph for the first time without a call for tender, if that concession satisfies one of the characteristics referred to in Article 5 (4) of that Article. Regulation (EC) 1370/2007.
If our Minister grants a concession as referred to in the first sentence, the programme of claims, intended to Article 44 of the Act , prior to the concession contract published.
5 For the purposes of applying the Articles of the Law and of the decision on transport referred to in paragraph 1, the following shall be read:
(a) train means the transport referred to in the first paragraph;
b. station, stations, staging area or platform: the landing places referred to in paragraph 1;
c. Procurement of a concession or concessions: concession or concession award;
d. procurement rules:
(e) car, bus, train, metro, tram or a moving vehicle: the transport referred to in paragraph 1;
f. public transport: the transport referred to in the first paragraph.
6 The obligation to doable, intended to Article 35 of the Act , for the purposes of the transport referred to in paragraph 1, the use by the grantor of the port infrastructure of the following shall be understood as follows:
Haventerreins;
b. Inducing devices.
By way of derogation from Article 2, introductory wording and part l , are the Articles 73 , 74 , 87 , 88, first paragraph , 89 to 91 , 93 , 97 , 98 , 105 and 106 of the Act and the Articles 52 , 53 , from this Decision, mutatis mutandis, to the transport of workers or services provided by the employer:
a. to and from the place of work, prior to the completion of the business,
(b) being carried out on buses or vehicles equipped with vehicles for the transport of more than seven persons, including the driver and not; and
c. for which a grant is granted by a governing body referred to in Article 20 of the Act .
2. The carriage referred to in paragraph 1 shall be transport as referred to in Article 1 (1). Article 69, first paragraph, of the Act which may be carried out by a municipal transport operator.
This part has not (yet) entered into force; see the summary of changes
1 A carrier providing public transport shall provide to the person who so requests for the purpose of feeding and updating a travel information system at least on:
(a) the service provided by the carrier for the period of validity of the service,
b. The carrier-guaranteed transfer possibilities within the service arrangement;
(c) changes to the timetable as a result of planned work on the construction and maintenance of the infrastructure required by the carrier;
d. any changes to the timetable known at least 24 hours in advance from the first service provided in one day;
e. tariffs applied by the carrier or the information necessary to calculate the price per journey with one or more public transport modes;
f. the up-to-date information relating to the service performance in relation to the timetable used by it; and
g. The level of accessibility for travellers with disabilities of stops, stations and vehicles used by the relevant carrier for the provision of public transport.
2 A carrier carrying out transport as intended Article 6, first paragraph , at the request of the operator of a travel information system at the latter's request, at least on:
(a) the area within which and the times between which the transport is carried out;
b. The telephone number for ordering the fare;
c. the pre-login time;
d. The margin or arrival margin;
e. the fares used by the carrier and the corresponding zone classification;
f. the level of accessibility of transport for travellers with disabilities.
3 By ministerial arrangement:
(a) details of the nature of the data referred to in the first paragraph, parts e, f and g,
(b) be determined that data other than the data referred to in paragraph 1 shall be provided for the purpose of feeding and updating a travel information system.
1 Our Minister may appoint an operator of a travel information system with a national scope as intended, of its own motion or on application. Article 14 of the Act , if it is no longer possible to provide at least one travel information system which is accessible to the traveller with a national reach, accessible to the passenger.
2 Before designating an operator, the Minister shall make known his intention to do so in the Official Gazette.
3 Upon publication of the notice referred to in paragraph 2, the period within which an application may be submitted to our Minister for designation as an operator of a travel information system shall be indicated.
4 The application, referred to in paragraph 3, shall contain at least a proposal to operate an efficient and traveller-accessible travel information system with a national scope and the annual period of the period covered by it. the financial contribution of the carriers providing public transport that ensures the maintenance of the relevant travel information system.
5 If the application for the judgment of Our Minister is able to satisfy reasonable demands of efficiency and accessibility for the traveller, he shall submit them for advice to carriers engaged in public transport.
6 The hauliers referred to in paragraph 5 shall submit to our Minister a reasoned opinion on the proposal referred to in the third paragraph within a time limit specified by him.
7 The carriers shall give the applicant the opportunity to consult with them before the opinion is delivered.
8 After the expiry of the period mentioned in paragraph 6, our Minister designates an operator of a travel information system which is most efficient and which ensures optimal accessibility for the traveller and the rural area and sets out to the corresponding annual financial contribution that a carrier providing public transport provides to the designated operator of the travel information system.
9 Our minister gives a clue for some time.
1 Our Minister decides within 12 weeks to apply for grant, amendment or revocation of a permit.
2 Our Minister shall take an application for grant or amendment of a licence after receipt of the reimbursement for the costs of this treatment established under a ministerial arrangement.
1 Of the intention to automatically amend, suspend or revoke a licence, our Minister shall inform the holder of the authorization, after which the holder of the authorization shall be given an opportunity of at least four weeks. -to put forward views.
2 Our Minister shall decide on the proposed amendment, suspension or withdrawal of the authorisation within eight weeks of the end of the period provided for in paragraph 1.
3 If a decision as referred to in paragraph 2 is taken in respect of a Community licence and the holder of the authorisation at the time of the intention, referred to in the first paragraph, carries out public transport, the concession shall be shall also have at least four weeks ' opportunity to express his views.
4 If Our Minister decides to amend or revoke a permit, he shall enter in the order the date of entry of the amendment or revocation, which may not be more than 12 weeks after dispatch of the decision or so much later as the reasonable interests of the holder of the authorisation and of others which may be affected by amendment or withdrawal of the licence in their interests.
5 The fourth paragraph shall apply mutatis mutandis to a decision suspending the authorization, on the understanding that a period of at least six weeks shall apply.
1 Licences shall be issued in the name of the carrier.
2 Where natural or legal persons act jointly as hauliers, licences shall be drawn up on their names together with, where appropriate, the addition of the name under which they act jointly as transporters.
3 The carrier shall make an application for amendment of the authorization, upon modification of the name of the carrier, of one of the names of the natural or legal persons acting jointly as transporter or of the name including natural persons or legal persons acting jointly as transporters.
1 Without prejudice Article 14 shall be entered in the licence:
(a) the transport for which the authorisation was granted; and
(b) the address of the carrier to whom the licence was granted or, if Article 14, second paragraph , application has been found, the addresses of the natural persons referred to in that Article, or the joint address of such persons.
2 In so far as applicable, the authorisation shall specify the requirements of the licence and the limitations under which the authorisation was granted.
1 Licence certificates are granted on request by Our Minister to the holder of the authorisation.
2 Our Minister is applying for a licence application after the reimbursement of the costs of this treatment has been granted by ministerial order.
3 Licence licences shall be valid for a maximum period of five years from the time of the grant of the licence.
4 Our Minister may limit the number of licences to be granted to the number of buses or cars which the holder of the authorisation demonstrates is permanently available to him.
1 To the licence certificate, please indicate:
(a) the name and address of the carrier to whom the authorisation was granted;
(b) the transport for which the licence was granted;
(c) the decision granting the authorisation or last amended.
2 In addition, the following shall be mentioned in the licence certificate:
a. the name of the persons specified in: Article 14, second paragraph , or the name under which they act jointly as hauliers,
b. the addresses of the persons specified in: Article 14, second paragraph , or the joint address of such persons,
(c) the rules which are attached to the authorisation and the limitations under which the authorisation was granted to the extent relevant to the supervision of the lawfulness of the transport provided; and
d. The period of validity of the licence certificate.
1 A licence licence is not valid from the time of withdrawal of the licence, during the period during which the data specified on the licence licence does not correspond to the actual situation and during the period in which a licence is issued Authorization has been suspended.
2 With the exception of the period of suspension of a licence and excluding the period of validity of the period of validity of the period of validity of the licence, the Article 18, second paragraph, part d , the carrier shall, within four weeks of the date referred to in paragraph 1, present the licence to the carrier as a result of the authorisation of the carrier.
It shall be prohibited to use an edited licence.
1 The carrier carrying out public transport, decided bus or taxi services, meets the requirement of reliability.
2 If more natural or legal persons act jointly as transporters, each person and one of the directors of the legal persons shall meet the requirements of the first paragraph.
3 If the carrier is a legal person, each of the directors of that legal person shall meet the requirement referred to in the first paragraph.
4 If the carrier is a service or business of a municipality, the head of the service or the holding shall meet the requirement, referred to in the first paragraph, and if more heads are appointed, each of them.
5 If natural or legal persons referred to in the first to the fourth member are not, or are only partially involved in, the permanent and effective management of the undertaking, the service or the undertaking, the person who is responsible for the permanent or actual management, including the requirement referred to in the first paragraph.
1 The carrier complies with the requirement of reliability if he has issued a certificate of conduct for a Community licence or a taxi service in accordance with the provisions of the Judicial data law has been produced not more than two months.
The carrier whose country of residence is a Member State other than the Netherlands or another State party to the EEA fulfils the requirement of reliability if he has a non-prior condition of a two-month period, in that State has submitted a statement.
1 The loss of the reliability of a carrier is a disproportionate sanction if, in the opinion of our Minister, a minimum number of convictions and sanctions against a carrier has not been exceeded by him. In determining this number, our Minister shall take into account the nature of the offence which underlies a conviction or sanction and the number of certified copies of the licence of the carrier.
2 If the number referred to in paragraph 1 has been exceeded, our Minister may consider the loss of the reliability of a carrier as a disproportionate sanction if:
(a) the establishment of a breach of conviction or sanction which the carrier or persons working for him cannot or cannot be partially accused of;
(b) the manner in which the carrier has established the operations of the transport undertaking or the conduct of one or more of the managers of that undertaking, the offence of the offence which is the subject of a conviction or sanction; limited; or
c. the number of offences against a conviction or sanction in the judgment of Our Minister is not reasonably proportionate to the size of the transport undertaking, measured according to the number of certified copies of the authorisation of that undertaking.
1 The loss of the reliability of a transport manager is a disproportionate sanction if, in the opinion of our Minister, a minimum number of convictions and penalties for a transport manager to be determined by him has not been exceeded. In determining this number, our Minister shall take into account the nature of the offence underlying a conviction or sanction and the number of certified copies of the permit from the carrier or carriers for which the The transport manager is active.
2 If the number referred to in paragraph 1 has been exceeded, our Minister may consider the loss of the reliability of a transport manager as a disproportionate sanction if:
(a) the creation of an offence on which a conviction or sanction is based cannot or cannot be reconsidered by the transport manager;
(b) the extent to which the way in which the transport manager operated under his or her responsibility the management of one or more transport undertakings by acting in those undertakings, the offence of a conviction or sanction; the underlying offence is limited; or
c. the number of offences against a conviction or sanction in the judgment of Our Minister is not reasonably proportionate to the size of the transport undertaking or transport undertakings for which he is employed as such; measured according to the number of certified copies of the licence of that undertaking or undertakings.
3 The first and second paragraphs shall apply mutatis mutandis in the case of the Article 23 Convictions and sanctions against the carrier for which the transport manager is employed.
Under ministerial arrangements, detailed rules may be laid down on the application of the Article 23 and 23a .
1 The carrier carrying out taxi services shall comply with the requirement of professional competence.
2 The person who gives a permanent and effective guidance to the carriage referred to in paragraph 1 shall meet the requirement referred to in paragraph 1, or at least one of them, if such guidance is based on more persons.
3 The carrier shall report to our Minister the replacement of a person as referred to in the second paragraph.
The carrier carrying out public transport or private bus transport shall comply with the requirement of professional competence by producing a certificate issued by an examination institute approved by Our Minister, with at least the knowledge of the certificate. established the subjects and training levels set out in Annex I, Part I, of Regulation 1071 /2009/EC and organised in accordance with that Annex.
1 The carrier carrying out taxi services shall meet the requirement of professional competence if it is submitted:
a certificate of good results recognized by Our Minister, having been established at least the knowledge of the subjects adopted by Our Minister; or
(b) a recognition of EU professional qualifications as referred to in Article 4 (1) (c) of the European Union for the purpose of the occupation of Article 6 of the General Act on recognition of EU professional qualifications .
2 A certificate as referred to in paragraph 1 (a) shall be regarded as a recognition of Community professional qualifications as referred to in paragraph 1 of this Article. Article 6 of the General Act on recognition of EU professional qualifications .
3 Under ministerial arrangements, rules may be laid down on cases where and the manner in which the recognition of EU professional qualifications referred to in paragraph 1 is provided.
4 Our Minister is making an application for the recognition of EU professional qualifications for taxi transport after the reimbursement of the cost of this treatment has been granted by our Minister.
5 In the case of a ministerial arrangement, the subject matter referred to in paragraph 1 (a) may be exempted from the holders of the diplomas referred to in that procedure.
1 If the carrier, by death, legal or physical incapacity, of the person who Article 26 satisfied the requirement of professional competence in a company, service or company of a municipality no longer fulfils this requirement, our Minister can, from this point on, continue without prejudice to the person concerned who wishes to carry on the transport. the requirement of a licence, on request, for a maximum of one year from that requirement in that undertaking, or that service or company of a municipality.
2 Our Minister is applying for a waiver of treatment after the reimbursement of the costs of this treatment has been granted by a ministerial arrangement.
3 The period referred to in paragraph 1 may be extended for a maximum of six months in special cases.
4 If the carrier through death, legal or physical incapacity, of the person who Article 27 satisfied the requirement of professional competence in a company, service or company of a municipality no longer fulfils this requirement, our Minister can, from this point on, be the one who has a practical experience of at least three years in the daily management of that undertaking, that service or company, in special cases, upon request for a specified period of time exempting from this requirement in that undertaking, that service or company.
5 The derogation provided for in paragraph 1 may be made by a requirement that the person concerned shall, within the period covered by the waiver, meet the requirement of professional competence.
1 The carrier carrying out taxi services shall, from the day on which the licence is issued, transfer to our Minister a certificate of conduct as referred to in Article 1 (2). Article 22, first paragraph , and shows that he complies with the requirement of professional competence, intended to Article 28, first paragraph .
2 If Our Minister suspects that a person as intended in Article 21 no longer fulfils the requirements for issuing a declaration of conduct, our Minister may, by way of derogation from the first paragraph, require that person to make a further declaration on the matter within a time limit to be set by Our Minister. That's right.
Consumer organisations acting on the basis of the Articles 27, 1st paragraph , 31, 1st Member , and 44, third member, of the law Opinion requested:
a. possess legal personality;
(b) represent the interests of travellers in public transport, in accordance with their statutory objectives or their actual activities; and
c. are employed on a national or regional scale.
1 The subjects referred to in Article 31, third paragraph, of the Act on which the concession holder is to issue opinions at least once a year to consumer organisations as intended by the concession, Article 31 of this Decision in so far as the concessionaire has taken measures in respect of those subjects:
a. the implementation of the timetable;
b. the manner in which the concessionaire informs the traveller of the timetable and the tariffs;
(c) the conditions of carriage of which public transport is carried out;
(d) the models of transport tickets issued by the concessionaire;
e. the manner in which tickets are made available and to the extent to which tickets are available;
f. the manner in which passengers can satisfy the price of the ticket;
g. the facilities that the concessionaire affects in relation to accessibility of public transport for travellers with disabilities and
(h) the arrangements made by the concessionaire for ensuring a responsible level of safety for passengers and for the staff working for him.
2 The first paragraph shall apply to the concessier if he is on the basis of Article 31, seventh paragraph of the Act , initiates a change from a subject as referred to in the first paragraph.
3 In so far as the concession contract has related to the concession in respect of those subjects, and to the extent that the concession holder has taken measures in respect of those subjects, the introductory sentence of the first paragraph, including: application to:
a. the procedure for the handling of complaints of the traveller and the manner in which the concessionaire informs the traveller of this;
b. a scheme of compensation to the traveller in case of delay in the execution of the service arrangement and
c. The concessionaire's objectives are expressed to the public about the quality of public transport to be provided by him.
The concession provider shall inform consumer organisations as referred to in Article 31 at least on the results of measures in respect of:
a. the level of reachability of the concession area; and
b. the construction and maintenance of infrastructure for the purpose of public transport.
Obligation to doable, intended to Article 35 of the Act , applies to the use by the concessionaire of Annex I included categories or components of infrastructure.
The concession contract shall, at the latest three months after the entry into force of the Decision of 30 June 2011 amending the Passenger Transport Decision 2000 in relation to the multiple basic rate when using the OV chip card for public use. transport by train to a public transport concession by train, the requirement that the traveller may have at their disposal for the train journey for his complete journey:
1. NS transport ticket for single travel and return cards second class,
2. The NS subscription second class; or
3. NS part of the OV-Year card second class.
1 The duration of a public transport concession by rail shall not exceed five years. If the concession is also granted for the provision of public transport other than by train, the duration of the concession shall not exceed eight years.
2 By way of derogation from the first paragraph, the duration of a public transport concession may be fixed by rail for a maximum of 10 years if this is justified by the existence of a commercial operator, in the case of the concession contract. Agreements, specific investments or special risks.
3 By way of derogation from paragraph 1, the duration of a public transport concession may be fixed by rail for a maximum of 15 years if this is justified in the case of the concession by the existence of substantial public transport services; long-term investments.
1 A public transport concession by rail as referred to in Article 20, fourth paragraph, of the Act may be granted transitional measures without a call for tenders:
a. Pending development of the infrastructure;
b. Pending the formation of new concession areas; or
c. during a period of preparation of procurement.
2 The duration of a concession granted in accordance with the first paragraph shall not exceed three years. Once that concession has been concluded, the public transport operation in the area covered by the concession in question does not return to the concession return in accordance with paragraph 1, subject to the approval of our Minister.
3 A public transport contract by regional train service contracted or underhanded for the entry into force of this Decision on the basis of: Article 5, first paragraph, of the Scheme experiments on regional train services , after the date of entry into force of this Decision, it may be converted into a public transport concession by rail without a call for tenders.
1 Competent to grant, amend or withdraw concessions as referred to in Article 20, second paragraph, of the Act , is:
a. In the area listed in Annex II, the daily administration of the public body City Region of Amsterdam;
(b) in the field listed in Annex III, the daily administration of the public body established by common rules of the 24 communes situated within that area.
2 As soon as the region listed in Annex II is set up in the area listed in Annex III, a public body with the sole interest to be responsible for duties in the field of transport and transport, the competence of the public body shall be daily management of the public body referred to in paragraph 1 (a) on the day-to-day management of the newly established public body, if at least the municipality of Amsterdam participates, and of the daily management of the body of the the first subparagraph (b) mentioned under (b) to the daily management of the newly established Public body, if at least the municipalities of Rotterdam and The Hague participate. The transfer shall take place as from the date of entry into force of the common rules setting up the relevant public body.
1 Procurement of public transport concessions, the estimated value of which is exclusive of turnover tax at least in the Article 7, introductory part (b) of the Procurement Rules for Public Procurement shall be, without prejudice to the application or under the conditions of the Law Certain, the Articles 2 to 57 of that Decision of corresponding application, with the exception of the Articles 3 , 5, 1st Member , 8 , 9, fifth, ninth, tenth, eleventh and twelfth member , 10 to 17 , 20 , 21 , 22 , 31, second paragraph , and 34 .
2 As far as the Law not otherwise, a concession shall be made without discrimination and subject to the same conditions as that which it proposes to candidates or tenderers in the Netherlands, to economic operators in other Member States and to other States party to the Agreement on the European Economic Area, which meet the requirements set out in Directive No 17 2004 /18/EC, and shall act in such a transparent way.
The decision to grant concession is granted on the basis of contract award criteria after the ability of the carriers not under the law to comply with the provisions of the law. Article 37 that other conditions set by the concession contract have been excluded by the concession contract.
1 Without prejudice to the terms of the concession contract, a concession holder shall, with a view to the preparation of a contract for the award of a concession, provide a concession to a concession contract:
a. Data on the volume of transport by line or route, in absolute passenger numbers or in passenger-kilometres,
b. information on the realised costs of the performance of the concession,
c. Annual data relating to tickets sold by the concessionaire during the concession period with the corresponding revenue per card type and per tariff and
d. other information necessary for the preparation of a concession for the award of a concession, in the opinion of the concession provider.
2 The costs referred to in paragraph 1 (b) shall be classified according to the types of personnel and equipment and specified and explained in such a way as to produce a clear picture of their composition, of the consistency between them and the different types of equipment. cost types and the relationship with the level of service.
3 The concessionaire shall provide the information referred to in paragraphs (b) and (c) of the first paragraph, accompanied by explanatory notes and an auditor ' s statement as referred to in Article 3 (1). Article 393, 1st paragraph, of Book 2 of the Civil Code .
4 The first, second and third paragraphs shall apply mutatis mutandis to a carrier carrying out public transport without a concession to that effect, where the information is necessary for the preparation of a contract for the award of a concession For that public transport.
1 The concessioners who have granted a concession shall send a notification concerning the course and outcome of the tender procedure to our Minister.
2 In the case of ministerial arrangements, rules shall be adopted on the information to be provided for at least the notification.
1 A national ticket is valid throughout the Netherlands with the exception of the areas in which our Minister has determined, at the request of a concession company or of its own motion, that the national transport certificate is not valid.
2 A ministerial arrangement shall lay down rules on the application referred to in paragraph 1 and the cases in which and in respect of areas for which a national transport certificate is not valid.
1 By ministerial rules, rules are laid down on the rates applicable to national transport tickets, where inter alia a distinction can be made between types of passenger.
2 When fixing a tariff, Our Minister can go out of a zone classification.
1 A model of national transport ticket:
a. contains an indication of the price of the ticket and
b. is furnished in such a way that the holder of the ticket and the person in question Articles 87 and 89 of the Act the officials and persons referred to may establish the validity of the transport certificate; and
c. meets other requirements laid down by ministerial arrangement.
2 Under ministerial arrangements, rules may be adopted on requirements which may be imposed on national transport tickets, including on the availability of goods.
A passenger is liable for the carriage of a transport price in accordance with the relevant tariff.
1 The prohibition, intended to Article 70, first paragraph, of the Act shall not apply to:
a. Children under cover who have not reached the age of four years and who are not required to seat their own seats;
b. one person aged at least 12 years of age who accompanies a person who is provided with a credential for the disabled,
c. officials and persons referred to in the Articles 87 and 89 of the Act , in charge of supervision and detection, in the exercise of the tasks assigned to them in those Articles.
2 In the case of a ministerial arrangement, rules may be laid down concerning a certificate of identification as referred to in paragraph 1 (b) and on the issue of the certificate.
1 No transport price is payable for the carriage of hand luggage and a dog accompanying a person who is provided with a credential for the disabled.
2 Hand Luggage means any business that a traveller as easy to carry, is portable, or has hand-enriched by hand and does not take a seat in the means of transport, including a folding bike, live animals that are easy to carry to be carried and which do not hold a seat, as well as cases authorised by the carrier as hand luggage.
3 Unless otherwise regulated by the concessionaire and concessionaire, no transport price shall be payable for the carriage of:
a. a bicycle, other than a case referred to in the second paragraph,
b. Live animals which cannot be taken as hand luggage.
4 The third paragraph shall not apply to public transport by train for which a concession has been granted by Our Minister.
1 The traveller is, with the exception of cases, intended in Article 45 , and with the exception of cases determined by the carrier, shall be obliged to provide for a valid electronic transport ticket:
a. Before he enters the means of transport, or a part of a station or stop, where it is required by clear instructions from the carrier to be in possession of a valid electronic ticket or
a. (b) as soon as possible after entering the means of transport or the part of the station or station, to the extent that an officer responsible for issue or devaluation is in place, or a device intended for issue or devaluation device.
2 An electronic transport certificate shall be valid if:
a. It is a national electronic transport certificate or a concession issued by or on behalf of the concessionaire by or on behalf of the concessionaire;
b. The travel possibilities of the electronic transport ticket are sufficient for the journey to be carried out and the starting point is electronically registered,
(c) electronic means of transport, in so far as it has been made in the name, corresponds to the identity of the holder thereof; and
d. the transport price to be paid for the trip is at least equal to the rate payable by the user of the electronic transport ticket.
3 An electronic transport certificate shall not be valid if it has been modified or otherwise processed.
1 The traveller who does not show or hands the ticket for which he is required to be checked shall, at the request of the carrier, be liable for the transport price applicable to the journey between departure point and place of destination of the passenger.
2 Without prejudice to the first paragraph, the traveller shall be liable to the carrier's claim by an amount to be determined by ministerial arrangement if:
a. does not comply with the Article 47, first paragraph , the obligation referred to,
(b) the ticket from which he is to be provided with or is not required to show his or her supply;
c. used an unauthorized modification or otherwise processed transport evidence,
d. Misuse of a ticket or
e. obstruct or obstruct the control of transport tickets.
3 If the carrier provides that opportunity, the traveller shall pay the amount referred to in paragraph 2 forthwith, together with the transport price due under the first paragraph.
4 If the traveller pays the sums referred to in paragraphs 2 and 3 forthwith, the carrier shall be obliged to issue a proof of payment, which shall also apply as far as necessary as transport ticket.
5 If the traveller does not pay the sums referred to in paragraphs 2 and 3 immediately, the carrier shall give him the opportunity to pay those amounts within 14 days of the fact being established. The carrier may provide to the traveller a certificate allowing the traveller to commence or continue his journey.
6 If the traveller does not pay the amounts referred to in the second and third paragraphs within the period referred to in paragraph 5, the carrier shall once again give him the opportunity to raise those amounts, increased by a ministerial arrangement the amount of administrative costs to be paid within 14 days of the end of the period provided for in paragraph 5.
7 As soon as the traveller complies with the provisions of the second, third, fifth or sixth paragraph, the right of criminal proceedings in respect of the infringement of: Article 70, first paragraph, of the Act .
As long as an due payment of the liability for tickets is not fulfilled, the person concerned shall not be entitled to issue a certificate of transport on the name.
1 If a national ticket is not used, or is only partially used, for at least one week, the traveller may, on presentation of that carriage licence, apply for reimbursement of all or part of the goods. 'transport price' or any waiver of the payment obligation which may be left, if any.
2 Reimbursement of the transport price or a waiver of the payment obligation shall be carried out only if:
a. No use is made of the ticket and the traveller lodges the request for repayment or a waiver of the payment obligation before the date of commencement of validity,
(b) transport ticket is only used for part of the period of validity, except that repayment or remission may relate only to the period for which the transport certificate remains valid upon presentation. a.
3 The person who decides on the reimbursement of the transport price or of the obligation to pay the payment shall be entitled to apply for the treatment of applications as referred to in paragraph 1 to a ministerial order. (i) to charge administrative costs.
4 In the case of ministerial arrangements, detailed rules on the reimbursement of the transport price and the waiver of the obligation to pay may be laid down.
In case of withdrawal of a ticket or part of a transport ticket, the Articles 87 and 89 of the Act Officials and persons referred to above shall be subject to proof to the traveller.
1 Under disturbance of order, rest, safety or a good business corridor as referred to in Article 72 of the Act '
a. conduct which prevents or impede the operation and use of facilities or means of transport or the performance of the personnel of the carrier;
(b) abuse or use of facilities or means of transport at a time when they are not available for use or otherwise than for which they are intended;
(c) ejecting from a means of transport of materials or articles;
d. be in a manifest state of drunkenness or by a manifest influence of narcotic drugs;
e. the lighting of fireworks or, in such a way as to produce sound which may be affected by others,
f. pursuit of occupation or business or the provision of services;
(g) exhibition of articles, advertising or propaganda, distribution of printed matter, begging or holding of collections,
(h) take into a means of transport of animals, substances or objects causing or likely to cause discomfort, danger, contamination or damage,
Smoking in a means of transport, station or stop, or parts of it, in respect of which the carrier has indicated that smoking is not permitted;
(j) are located at a station or stop at a time when it is closed or on a part of a station or stop which is not accessible for that purpose;
(k) travelling to a station or stop along a road other than the one intended for that point,
(l) cause or may cause discomfort, hazard, contamination or damage to other forms.
The first paragraph shall not apply to the extent to which the carrier has given its consent, taking into account the interests of passengers.
Instructions relating to order, rest, security or a good business course shall be understood as meaning the indications expressed by or on account of the carrier in the form of a picture or writing.
A ministerial arrangement shall lay down rules on the obligation of the carrier to carry out taxi services in order to indicate in or on the car carrying out taxi services, or otherwise clearly, the manner in which a complaint is referred to in the form of a complaint, Article 78, first paragraph, of the Act may be submitted and the manner in which it is to be treated.
1 By ministerial arrangement rules are laid down on the obligation for the carrier to show it clearly legible both on the outside and inside of the car at the time of the provision of the taxi transport. transport or other means of making this tariff available.
2 By ministerial arrangement rules are laid down on the obligation for the carrier to provide the traveller with an automatically generated rhythm after the end of the taxi transport and to mention the obligation on the fare. data.
3 The rules referred to in paragraph 2 may be different from the types of taxi services to be referred to in the case of a ministerial arrangement.
4 In the rules referred to in paragraph 2, an exception may be entered for taxi services carried out in implementation of a written agreement providing for a transfer of taxi services during a period fixed by that agreement. be made at a rate fixed by that agreement.
1 A bus is only the person in charge of a medical certificate in the possession of a medical certificate which is not more than five years old which shows that he has no physical or mental aberrations which might prevent him from taking care of the bus. operate a bus properly and has sufficient hearing and eyesight. The medical certificate shall be issued by a qualified person as referred to in Article 14, first paragraph, of the Working Conditions Act which is responsible for the tasks referred to in the parts b or c, of that member, or a doctor who is part of an arbog as intended in That Act .
2 If Our Minister suspects that the driver of a bus, working in public transport or private bus transport no longer meets the requirements, referred to in paragraph 1, our Minister may require that driver to be within one of our own Minister for the period to be determined, subject to a review of the new medical examination. Should this examination give rise to the following, the medical certificate may be withdrawn.
3 The driver of a bus is required to have the medical certificate.
4 In the case of ministerial arrangements, detailed rules may be laid down for the issue of a medical certificate and a medical examination.
In view of the recognisability and accessibility of passenger transport, rules governing the establishment and equipment of train, metro, tram, bus and car may be laid down by ministerial rules.
1 It shall be prohibited to carry out public transport by bus or bus transport if there is no indication in the registration registration number that the vehicle has been approved as a bus. It shall be prohibited to carry out taxi or public transport by car if there is no indication in the registration number that the vehicle has been approved as a taxi.
2 A certificate of verification as referred to in Article 72 of the Road Traffic Act 1994 , which has been issued for the provision of public transport operations, decided on bus or taxi by bus or car, is not valid if it does not demonstrate compliance with the requirements laid down in paragraph 3 (b).
3 By ministerial arrangement, without prejudice to or under the conditions of Road Traffic Act 1994 , rules relating to the establishment, equipment and inspection of buses and motor vehicles, and the fees payable for verification, shall be provided for the purpose of issuing:
(a) the indication in the registration number set out in the first paragraph;
b. The certificate of verification referred to in Article 72 of the Road Traffic Act 1994 .
1 In the registration number register, the highest number of persons, outside the driver, who may be transported by bus or car, shall be listed, taking into account the type of transport carried out and the manner in which the vehicle is to be transported. taken in the bus or car.
2 It is prohibited to transport more persons by bus or car, or to use it for other transport than is permitted by the registration of the vehicle registration number.
3 By ministerial arrangement rules may be laid down as to how the number of persons referred to in the first paragraph is to be determined.
1 The transporter carrying out taxi transport shall ensure that a taxi meter is present in a car carrying out taxi transport, indicating the passenger's transport price in accordance with the rates expressed.
2 The taxameter complies with the rules applicable to or under the Metrology Act have been set.
3 Save as otherwise provided in a contract for taxi services during a specified period of time, taxi transport shall only be carried out if the taxameter present in the car is used.
4 In the case of ministerial arrangements, detailed rules on the establishment of the taxameter and the periods at which an assessment of the taxameter is to be carried out against the requirements of a taxameter used in the second paragraph shall be laid down. The Article 14, second paragraph , and Article 22 of the Decision measuring instruments and economic operators shall be applied mutatis mutandis.
5 [ Red: This member has not yet entered into force.]
6 The first paragraph shall not apply if the car is used exclusively for taxi services carried out for the purpose of implementing a written agreement, during which, during a period fixed by that agreement, it is used several times more than one year. taxi transport shall be carried out at a rate fixed in that agreement and in cases to be determined by our Minister where the car is used exclusively for transport at unit prices.
1 The carrier carrying out taxi transport shall ensure that a vehicle carrying out taxi transport is fitted with a properly functioning on-board computer for which a type-approval has been granted, as provided for in Article 22, first paragraph, of the Road Traffic Act 1994 .
2 The on-board computer referred to in paragraph 1 shall have an activation test and, where determined by ministerial arrangement, subject to periodic examination carried out by approved natural or legal persons as referred to in Article 2 (1) of Regulation (EEC) No 82/23. Article 9:1, 1st member, of the Labor Time Act .
3 The carrier carrying out taxi transport shall ensure that the on-board computer records the following information at all times:
a. The mileage of the car;
b. Vehicle registration number;
c. the date and time;
d. The route taken by the car;
e. information on the operation of the on-board computer.
4 The carrier carrying out taxi services shall also ensure that the on-board computer records the working and rest periods of the driver.
5 If taxi transport is carried out by the driver, the carrier shall, without prejudice to the third and fourth paragraphs, ensure that the on-board computer records the following information:
a. The passenger transport number specified on the licence, intended for Article 4, third paragraph, of the Act ;
b. The unique number assigned to the carrier, as referred to in Article 9 (a) of the Commercial Code Act 2007 ;
c. Driver card number of the driver;
d. the date and time of arrival and departure per journey;
e. the location of departure and arrival by ride;
f. the distance, the price of the carriage per ride laden and unladen state and any surcharges which may be charged.
6 If the on-board computer is outside the control of the driver and the carrier is not used, it shall be subject to the obligation laid down in the third to the fifth paragraph, in accordance with the provisions of the Article 80, fifth paragraph .
7 In the case of a ministerial arrangement, rules shall be laid down on the inspection for the activation of the on-board computer, the periodic examination and the periods during which an examination of the on-board computer takes place.
8 By ministerial arrangement, detailed rules may be laid down on the recognition of natural or legal persons activating, recovering and periodically examining an on-board computer, the application for recognition, the requirements for recognition, the the rules to be applied to the recognition and the withdrawal or suspension of a recognition.
1 The driver and the carrier carrying out taxi services shall use the on-board computer in accordance with the provisions of the Ministerial Regulation, unless the on-board computer is outside the service of the driver and the carrier is not used.
2 The transporter carrying out taxi transport shall keep the records recorded by the on-board computer, as specified in Annex II. Article 79, third and fifth members , and the data referred to in paragraph 5, not less than 104 weeks from the date of entry of the data.
3 In the case of ministerial arrangements, rules may be laid down on the method of storage of the data provided for in Article 79, third and fifth members , and the transfer of the data recorded in the on-board computer and the driver's card to the establishment of the transporter carrying out taxi services.
4 The third paragraph shall apply mutatis mutandis to the data referred to in Article 79, fourth paragraph .
5 By ministerial arrangement, detailed rules on registration obligations on the carrier and driver shall be laid down if the on-board computer is out of use and the data present in that case in the vehicle by which taxi services are used. shall be performed.
6 If the on-board computer does not function correctly or is out of service, the carrier shall ensure that the on-board computer, within a period to be determined by ministerial order, is restored by approved natural or legal persons, as intended in Article 9:1, 1st member, of the Labor Time Act .
7 The carrier shall, at his request, provide the driver with a copy of the information transferred under the third member of the driver card to the establishment of the carrier.
8 It shall be prohibited to carry out taxi services:
a. To make, destroy, destroy, or destroy the on-board computer, or to allow the on-board computer to be improperfully created or destroyed;
b. To have a facility in the vehicle of taxi transport which appears to be intended to apply for abuse, as referred to in subparagraph (a).
9 The eighth paragraph shall apply mutatis mutandis to the driver of a car carrying out taxi services.
1 The transporter carrying out taxi transport used for the purpose of proper registration of the data, intended in Article 79, third to fifth paragraphs , an enterprise card provided by our Minister.
2 The approved natural or legal person, as referred to in Article 9:1, 1st member, of the Labor Time Act Used for the installation, investigation or repair of the on-board computer a verification card provided by Our Minister.
3 With the driving of a taxi, only the person in charge of a valid driver card provided by our Minister is responsible for the possession of a valid, duly readable car.
4 For the types of taxi services to be designated by a ministerial arrangement for which a certain period of taxi transport is carried out on several occasions under a written agreement setting rates, may instead be the subject of the third party. Member of the driver card referred to above shall be subject to restrictions on a driver card.
5 The driver of a taxi carrying a taxi is in possession of a driver card or driver card issued by Our Minister under restrictions and uses this card for the purpose of properly registering the data, Intended in Article 79, third to fifth paragraphs .
6 For the purpose of monitoring compliance with the provisions of paragraph 4, in a car with which a taxi service referred to in the fourth paragraph is carried out, the part of the administration which can be shown to be capable of proving that the person concerned is actually the type of taxi service referred to in the fourth paragraph is carried out.
7 Under ministerial arrangements, requirements may be made to the part of the administration as referred to in paragraph 6.
8 Where the driver card is lost or stolen, damaged, or defective, or the driver card is defective, the obligations laid down in paragraphs 1 and 5 shall be subject to the Ministerial Regulation.
1 In the case of the driver card application, the following documents shall be submitted:
a. A driving licence as intended in the Road Traffic Act 1994 or a driving licence issued by the competent authority outside the Netherlands which is valid for driving the motor vehicle;
b. A medical certificate that does not exceed four months, which meets the requirements, specified in Article 74, first paragraph ;
c. An attestation of conduct issued in accordance with the provisions of the United States of America with a view to exercising the profession of taxi driver. Law and punitive data law , which is not more than four months old;
d. A certificate of good results recognized by Our Minister, having at least the knowledge of the subjects adopted by Our Minister, distinguishing between different species; taxi services;
e. a non-damaged, recent, well-like passport photo of the applicant, which meets all acceptance criteria as included in the case of the Passport Implementation Scheme Netherlands 2001 associated photopatrix.
2 The applicant who is resident in a Member State other than the Netherlands, or another State party to the EEA, shall be responsible for the declaration of conduct, Article 22, second paragraph , mutatis mutandis, except that the document or declaration is not more than four months old.
3 In the case of ministerial arrangements, the subject matter referred to in paragraph 1 may be exempted.
4 Our Minister may grant exemption under conditions and restrictions from the obligation to transfer the certificate provided for in paragraph 1 (d).
5 If, in the opinion of Our Minister, the conditions and restrictions referred to in paragraph 4 are not fulfilled or are no longer fulfilled, the exemption may be revoked.
6 If Our Minister suspects that the driver of an automobile carrying out taxi transport no longer meets the requirements for issuing a medical certificate or a declaration of conduct as referred to in paragraph 1 above, In the case of subparagraph (b) and (c), the Minister may require that he, within a period to be determined by him, submit to a new medical examination, or request again, to issue a certificate concerning the Conduct. The driver shall, within a period to be determined by our Minister, surrender the new medical certificate or the new certificate of behaviour.
1 Our Minister is applying for an on-board computer card to be dealt with after the reimbursement of the costs of this treatment has been granted by ministerial order.
2 On-board computer cards shall be valid for a period of five years.
3 An on-board computer card shall cease to be valid either by revocation or suspension and by the expiry of the period of validity.
4 An overpass card shall be replaced by a replacement card for the remaining period of validity, lost, stolen, defective, or damaged in-board computer card.
5 The holder of a driver card or an enterprise card reports on the loss or theft of his computer card to our Minister.
6 The holder of a driver card or an enterprise card shall provide a computer card with a faulty, damaged or withdrawn computer card with our Minister within a period to be determined by ministerial order.
7 The fifth and sixth paragraphs shall apply mutatis mutandis to the holder of an assessment card.
8 By ministerial arrangement rules are laid down:
the manner in which the driver and the carrier use the driver card or the company card;
b. the manner in which recognized natural or legal persons, as referred to in Article 9:1, 1st member, of the Labor Time Act , use the assessment card;
c. The application of the onboard computer cards and of replacement flight deck computer cards;
d. issuing, issuing, refusing, suspending, withdrawing and taking on board computer cards and the grounds therefor;
e. method of reporting in the case of lost, stolen, defective or damaged computer cards;
f. Method of surrender of the onboard computer cards.
9 In the context of learning pathways and in the context of temporary and incidental provision of services as referred to in Article 4 (2), Article 21 of the General Act on recognition of EU professional qualifications , a driver card may be issued by Our Minister with a shorter period of validity than the period of validity referred to in paragraph 2, or may be granted waiver of the Article 81, fifth paragraph That requirement.
For the purposes of this Chapter and the provisions based thereon, the following definitions shall apply:
a. ASOR : Agreement on the international carriage of passengers by road by coach and bus as provided for in Decision 82/505/EEC of the Council of the European Communities on the conclusion of this Agreement (PbEG L 230),
b. Interbus Agreement : Agreement on the international carriage of passengers by coach and bus as provided for in Council Decision 2002/917/EC of 3 October 2002 on the approval of this Agreement (PbEG L 321),
c. Benelux Decision : Decision of the Committee of Ministers of 20 December 1994 M (94) 7 laying down additional provisions relating to the carriage of passengers by coach and bus in the territory of a Benelux State,
ed. third country : Contracting Party to the ASOR, other than the European Communities, a Member State or a State party to the EEA Agreement or to the Interbus Agreement,
e. Other country : country, other than a Member State, which is a party to the Interbus Agreement or a third country,
f. Regular services :
1 °. in relation to third countries: regular transport as referred to in Article 3, first paragraph, of the ASOR;
2 °. in relation to other countries: regular services as referred to in Article 3, first paragraph, of the ASOR, unless otherwise specified in the agreements concluded with those countries;
3 °. in relation to countries which are parties to the Interbus Agreement: regular transport as referred to in Article 3, third paragraph, of the Interbus Agreement,
g. a special form of regular transport :
1. in relation to third countries: a special form of regular transport within the meaning of Article 3, second paragraph, of the ASOR;
2 °. in relation to other countries: a special form of regular transport as referred to in Article 3, second paragraph, of the ASOR, unless otherwise specified in the agreements concluded with those countries;
3 °. in relation to countries which are parties to the Interbus Agreement: a special form of regular transport as referred to in Article 3 (4) of the Interbus Agreement;
h. Shuttle services :
1 °. in relation to third countries: shuttle services as referred to in Article 4, first paragraph, of the ASOR;
2 °. in relation to other countries: shuttle services as referred to in Article 4, first paragraph, of the ASOR, unless otherwise specified in the agreements concluded with those countries;
3 °. in relation to countries which are parties to the Interbus Agreement: shuttle services as referred to in Article 3, fifth paragraph, of the Interbus Agreement,
i. Unregulated transport :
1 °. in relation to other Benelux countries: unregulated transport within the meaning of Article 4 of the Benelux decision,
2 °. in relation to third countries: unregulated transport within the meaning of Article 2, first paragraph, of the ASOR in so far as that carriage meets the conditions laid down in Article 1 of this Agreement;
3 °. in relation to other countries: the cross-border transport of persons with buses which does not comply with the definition of regular services in the part i, nor the definition of shuttle services in part i, including:
-the carriage in closed tours, including carriage by the same vehicle, which transports the same group of passengers all over the course of the journey and returns to the place of departure,
-the carriage by which the outward journey and the return journey is carried out without passengers,
-all other forms of transport.
4 °. in relation to countries which are parties to the Interbus Agreement: international carriage of international traffic as referred to in Article 3, second paragraph, of the Interbus Agreement,
1 Our Minister shall decide on an application for a permit, a certificate or a certificate of admission for international transport as referred to in this Chapter. He may, of its own motion or on request, renew, amend or revoke the licence or certificate or proof of admission. The licence may also be suspended of its own motion.
2 Travel books as referred to in Article 7, first paragraph, of the ASOR, as well as in Article 11 of the Interbus Agreement, shall be issued for the Netherlands by Our Minister.
3 A copy of the travel sheet referred to in Article 13 of the ASOR, as well as in Article 13 of the Interbus Agreement shall be kept at the head office of the carrier concerned for at least two years.
Chapter 2, paragraphs 1 , 2 and 3 , mutatis mutandis, shall apply to the grant, amendment or revocation of licences and documents specified in this Chapter.
1 It is prohibited to carry out regular services or a special form of regular services to and from third countries, countries which are parties to the Interbus Agreement or to carry out other countries without a permit to that effect.
2 A licence as referred to in paragraph 1 shall be granted to the carrier established in the Netherlands only if it has been granted a Community licence.
3 Unless it is agreed with a country that no licence is required, the first paragraph shall also apply to transport which is carried out by a natural or legal person for non-lucrative and non-commercial purposes, and that only one of the following: ancillary activity forms.
1 If the carrier, which is authorized to carry out regular services, intends to terminate the operation before the authorization has been lost, he shall not later than three months before the date of expiry of the licence. on which he proposes to terminate the operation, Our Minister in writing notified this intention, stating the reasons.
2 The carrier shall make known its intention in such a manner as to enable the passengers concerned and any other interested party to take note of it.
The carrier providing regular services or special regular services to and from third countries, countries which are parties to the Interbus Agreement or other countries shall ensure that the bus carrying out that carriage is responsible for the transport of goods. permit under which the transport is to be carried out or the copy of the licence certified by our Minister is present.
1 The carrier established in the Netherlands providing regular transport or a special form of regular transport to and from third countries, countries which are party to the Interbus Agreement or other countries, provided to Our Minister within two months after the end of each calendar year for each quarter of each quarter, the data shall be included in a transport report.
2 Our Minister shall lay down the model for the transport report.
1 It shall be prohibited to carry out shuttle services to and from third countries, parties to the Interbus Agreement and other countries without a permit to that effect, unless a country has agreed that it is not required to permit a permit.
2 A licence as referred to in paragraph 1 shall be granted to the carrier established in the Netherlands only if it has been granted a Community licence.
The carrier providing shuttle services to and from third countries, which are Contracting Parties to the Interbus Agreement or other countries, shall ensure that on the bus carrying out such transport the licence under which the transport is to be transported. whether it is a copy of the copy of the Minister's authenticated copy.
1 It is prohibited by carriers established in the Netherlands, Belgium or Luxembourg to carry out regular services in breach of the Benelux decision.
2 It shall be prohibited to carry out regular services on buses registered in third countries, in breach of ASOR, on buses registered in third countries.
3 It shall be prohibited for buses registered in countries which are party to the Interbus Agreement to carry out regular services in breach of the Interbus Agreement, as is shown in the registration number.
1 The carriage of goods referred to in Article 2, first paragraph, part c, of the ASOR, to and from third countries shall be prohibited without any authorization to that effect, except for the transport referred to in Article 5, second paragraph, of the That agreement.
2 It is prohibited to carry out, without authorization as referred to in Article 15 of the Interbus Agreement, unregulated transport as referred to in Article 3, second paragraph, of the Interbus Agreement, with the exception of the transport of the Interbus Agreement in Article 6 of that Agreement.
It shall be prohibited to carry out regular services on buses registered in another State without a permit to that effect, unless it has been agreed with a State that no licence is required.
The carrier established in the Netherlands, which carries out regular services as referred to in this paragraph, is the holder of a Community licence.
The carrier which carries out unregulated transport by buses to and from States Parties to the Interbus Agreement or third countries shall ensure that the bus carrying out the carriage is:
a. in the case of transport as referred to in Article 5, first and second member, of the ASOR to and from third countries and carried out by a carrier established in the Netherlands: the travel sheet and the certified copy of the Community licence;
b. in the case of transport referred to in Article 5, third paragraph, of the ASOR to and from third countries and carried out by a carrier established in the Netherlands: a certified copy of the licence and the certified copy of the licence; Community authorization;
c. in the case of transport as referred to in Article 6 of the Interbus Agreement to and from countries party to that Agreement and the transport is carried out by a carrier established in the Netherlands: the travel sheet and the certificate copy of the Community licence,
d. in the case of transport as referred to in Article 7 of the Interbus Agreement to and from countries party to that Agreement and the transport is carried out by a carrier established in the Netherlands: a certified copy of the authorisation and certified copy of the Community licence.
The carrier which carries out regular services to and from third countries shall ensure that the bus carrying out that carriage is subject to the carriage of goods for which it is subject to the transport of goods. Article 105 a licence is required, the licence under which the transport is to be carried out or the copy of the licence certified by our Minister is present.
The carrier providing transport for own account to and from third countries, which are Contracting Parties to the Interbus Agreement or other countries, shall ensure that the bus carrying out the carriage is subject to the authorization under which it is to be transport shall be carried out or a copy of the Minister's certified copy shall be present.
1 Article 76 of the Act shall not apply to taxi services with a car registered in the distinguishing number outside the Netherlands, provided that it is concerned:
a. carriage in closed tours, that is to say, transport starting and ending in the country where the car is registered and which is carried out by the same vehicle in which the same passengers are transported throughout the journey;
(b) carriage of passengers and the return journey to the country in which the car is registered, without travellers,
(c) carriage by which the outward journey is carried out without passengers in order to obtain passengers who are transported to a destination outside the Netherlands,
(d) carriage by which the outward journey is carried out with passengers and where the return journey is carried out with other passengers and the destination is outside the Netherlands.
2 Article 76 of the Act Does not apply to a taxi with a car registered in Belgium or Luxembourg with a car which is registered in Belgium or Luxembourg, where the outward journey is effected without passengers having to take on passengers who had ordered the car before the car is the Netherlands. had entered.
3 The carrier referred to in paragraphs 1 and 2 shall be authorised to carry out taxi services of the country in which the car is registered.
The carrier referred to in Article 115 , please ensure that there is a presence in the car:
a. A permit as specified in Article 115 or a certified copy thereof,
b. a complete and truthfully true indication of the commencement of the journey, established by ministerial control document at least indicating the name and address of the carrier, name of the driver, date, registration number and, if necessary, the number of the car, place and time of departure of the journey and the place and time of boarding and exit of passengers.
Violation of each of the regulations stated in the case of the Articles 76, third paragraph , 77, first and second members , 78, 1st Member and 80 of the Act , and of the rules laid down in or pursuant to the Articles 14 , 19 , 20 , 26 , 72a to 83 , 91 , 98 to 109 and 114 to 117 of the decision, constitutes a criminal offence referred to in Article 1, under 4 °, of the Law on Economic Crimes .
1 Article 6 shall apply to transport as referred to in Article 5 (b) of the Transport Decision, the agreement of which has not yet been terminated at the time of entry into force of this Decision.
2 Article 7 shall apply to transport as referred to in Article 5c of the Transport Decision, the agreement of which has not been terminated at the time of entry into force of this Decision
By way of derogation from Article 12 For a decision on an application for the provision of a taxi licence a period of six months in so far as that application was made before 1 January 2001.
1 During the period during which authorisations granted under the Passenger Transport Act have been granted, in accordance with Article 112 or 113 of the Passenger Transport Act 2000 remain valid, shall also retain their validity, subject to the provisions of this Article, Article 14 .
2 Article 16 shall not apply to permits referred to in paragraph 1, which have been granted for the provision of public transport.
[ Red: Change this Decision.].
The person holding a declaration of 1 October 1999 pursuant to Article 10 of the Directive No 96 /26/EC has been issued by Our Minister, or by a Member State other than the Netherlands, or by another State party to the EEA, complies with the requirement of professional competence.
Until 1 July 2001, by way of derogation from Article 28 , the requirement of professional competence for the provision of taxi services shall be met if:
a. A carrier carrying out taxi services at the request of a taxi transport licence, to the satisfaction of our Minister demonstrates, in the period from 1 July 1999 to 1 December 1999, an average of at least 30 hours per week per car. taxi transport operations, meeting the requirements laid down in Articles 62 and 63 of the Passenger Transport Act and Article 159 of the Transport Decision, as they applied until 1 January 2000, and
b. before 1 July 2001 Article 28, first paragraph It shall be fulfilled before that date, according to a declaration issued by Our Minister, that a person is to be regarded as intended to be Article 26 , over the past 5 years has been entrusted with the day-to-day management of a company whose main activity is taxi transport under a valid licence.
The person to whom, pursuant to Article 29 of the Decision on the carriage of passengers, as in the case of the entry into force of the Article 29 , a derogation from the requirement of professional competence shall continue to be removed from the date of entry into force of this Decision, subject to the conditions under which and during the period for which such a derogation was granted.
A medical certificate issued in accordance with Article 157 of the Decision on the carriage of passengers before the entry into force of this Decision shall be deemed to be valid as from the date of entry into force of this Decision with the following: Explanation, as intended Article 74 .
A change of Directive No 96 /26/EC and Directive No 92 /50/EEC shall apply for the purposes of this Decision from the date of implementation of the amending Directive concerned, except where a ministerial order published in the Official Journal of the European Union provides for a change of time. 3.
After the entry into force of this Decision, the following ministerial arrangements shall be based on the articles of this Decision referred to in this Decision:
(a) The Arrangement designates bodies issuing certificate of identity for the disabled; Article 45, first paragraph, part b ,
b. the Public Transport Scheme is based on the public transport scheme; Articles 54 to 59 ,
c. the decision of the Minister for Transport and Water State of 27 March 2000, No CDJZ/WVW/2000-343 (Stcrt. 77) is based on Article 71 ,
d. the Multiannual Arrangements experiment on public transport 2000 is based on Article 72 .
e. The maximum rate of the scheme and the advertising of taxi fares shall be based on: Article 73 ,
f. The Scheme Driver's Taxi Transport relies on the Articles 75 , 76 and 78 ,
g. the Conditions of Permanent Requirement buses are based on Article 80, third paragraph, point (b) ,
h. the Arrangement Permanent Requirements Taxes relies on Article 80, third paragraph, point (b) ,
i. the rules laying down rules for the testing of motor vehicles shall be based on: Article 80, third paragraph, point (a) ,
(j) The Regulations laying down rules for the inspection of buses shall be based on: Article 80, third paragraph, point (a) ,
k. the Regulation establishing the international taxi transport control document is based on: Article 117, part b .
This Decision shall enter into force on a date to be determined by the Royal Decree, which may be adopted in a different way for the various articles or parts thereof.
This decision is referred to as: Road passenger transport 2000.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 14 December 2000
Beatrix
The Minister of Transport and Water,
T. Netelenbos
Published on the 28th of December 2000The Minister of Justice,
A. H. Korthals
a. buslanes and associated bridge/diver/viaduct/aquaduct/tunnel,
(b) bus station, including the supply and disposal of the vehicles or passengers, and exit,
c. Traffic control systems,
(d) Traffic alert;
e. road marking (incl buslocks),
f. signage,
g. traffic safety device,
h. Rotational heating installations,
i. adjustment placements or remises to the extent that they have a function as a set-up,
j. the buildings in which the facilities or installations have been installed, provided that such facilities and installations are intended and equipped exclusively for bus transport.
* excluding public roads and roads exclusively open to public transport in so far as forming part of public roads (e.g. roads, bus stops, bus stops)
a. railways and associated bridge/diver/viaduct/aquaduct/tunnel,
b. Tram/metro stop including perron,
c. shunting yard, deferrals as part of the sections to be operated,
d. Vehicle identification systems;
e. vehicle management systems,
f. Security systems,
g. Traffic alert,
h. Lighting installations;
Traction energy supply installations;
Rotable heating installations
k. adjustment placements or remises to the extent that they have a function as a set-up,
(l) the buildings in which the facilities or installations have been installed, provided that such facilities and installations are designed and equipped exclusively for the tram or metro and road (access) roads in the areas of tram or metro transport for the service of this transport.
