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Decision of 21 February 2009 on the adoption of national sales bans and provisions relating to the general periodic inspection of vehicles and repealing the Vehicle Regulation (Vehicle Decision)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Transport and Water State of 4 December 2008, no. CEND/HDJZ-2008/1657 (AWW), Main Legal Affairs Directorate;
Having regard to the Article 34, first paragraph , 73, second paragraph, parts a and b , 81, 1st Member , and 91, second paragraph , and 179, third member, of the Road Traffic Act 1994 ;
The Council of State heard (opinion of 17 December 2008, No W09.08.0530/IV);
Having regard to the further report of Our Minister of Transport and Water State of 12 February 2009, no. CEND/HJDZ-2009/51 AWW, Principal Legal Affairs Directorate;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
Law: Road Traffic Act 1994 .
1 It shall be prohibited to provide radar receiving equipment capable of showing the presence of a device intended to establish, introduce, offer for sale, to hold stock or to establish an excess of the maximum speed. to be delivered.
2 The first paragraph shall not apply to apparatus imported into the Netherlands and proof of which is shown by means of commercial documents to the effect that the apparatus is being exported to another Member State of the European Communities.
The driver of a motor vehicle shall be prohibited from driving with the vehicle, and the owner or holder of a vehicle shall be prohibited from driving with that motor vehicle if a radar receiver is present in or on the vehicle, if the motor vehicle is in a vehicle of a motor vehicle. Intended in Article 2, first paragraph .
1 Article 72, first paragraph, of the Act does not apply to motorcycles, mopeds and tricycles where the unladen mass does not exceed 400 kg.
2 Article 72, first paragraph, of the Act does not apply to a motor vehicle or a trailer, with the exception of taxis and buses, the date of which is the first date of entry prior to 1 January 1960.
Article 72, first paragraph, of the Act does not apply to a motor vehicle or a trailer, the maximum authorised mass of which exceeds 3500 kg, as long as the date of first authorisation of the vehicle has not yet expired.
Article 72, first paragraph, of the Act does not apply to a taxi, as long as since the date of first authorisation of the vehicle has not yet expired.
Article 72, first paragraph, of the Act does not apply to ambulances as long as the date of first authorisation of the vehicle has not yet expired.
Article 72, first paragraph, of the Act does not apply to a motor vehicle other than the one in the Articles 5 to 7 Subject to:
a. Vehicles with an internal combustion engine fuelled by either gas or diesel fuel or not, as long as no three years have elapsed since the date of first authorisation of the motor vehicle;
(b) motor vehicles other than the motor vehicles referred to in subparagraph (a), until such time as four years have elapsed since the date of the first authorisation of the motor vehicle.
Article 72, first paragraph, of the Act does not apply to a motor vehicle or a trailer on the day on which that vehicle is tested as a result of an application for a test report.
Article 72, first paragraph, of the Act does not apply to:
For motor vehicles and their trailers, designated by a ministerial arrangement:
1 °. for which a special registration number is given in the Registration of registration is specified,
2 °, which shall be carried out in accordance with the provisions of the Articles 22 or 26 of the Act and for which a licence plate has been issued by a ministerial arrangement; or
3 °. On the day on which they are examined in accordance with the rules laid down by the Ministerial Regulation in connection with the enrolation and conditions of registration;
b. Ministerial arrangements designated by ministerial arrangements of running equipment.
1 A motor vehicle or a trailer may be used for two months after the date on which the vehicle is used. Article 72, first paragraph, of the Act may be on the road for that vehicle without having issued a certificate of validity for that vehicle which has not expired.
2 A motor vehicle or a trailer may be on the road for a period of two months from the date of expiry of a certificate of approval for that vehicle or of a trailer without the use of that vehicle or of that vehicle, without that vehicle or on the other hand. Trailer has been issued with a certificate of verification which has not expired.
Article 72, first paragraph, of the Act Does not apply to motor vehicles and trailers belonging to the holding of a natural or legal person to whom recognition is to be granted in respect of the following: Article 62 of the Act was granted.
1 The person applying for an inspection report to the Road Traffic Service shall make available to the motor vehicle or the trailer for which the report is issued at the disposal of an inspection by the Service of the Office of the Inspection officer, at a time and at a certain point in time.
2 The person applying for a test report in the case of a Article 84 of the Act 'recognised natural or legal person' means, in order to obtain the vehicle or trailer for which the report is requested, at the disposal of the vehicle or the trailer for which it is requested to make available to a person or to the person responsible for carrying out the report. Inspection staff at a particular place and time by that particular location.
1 The period of validity of a certificate shall start from the day of issue.
2 If a certificate of verification is issued within two months of the date on which it is issued Article 72, first paragraph, of the Act for the vehicle in question, the period of validity of the certificate shall begin as from that date, provided that, Article 72, first paragraph, of the Act before that date on the basis of a law other than that of the Law The certificate issued does not apply prior to presentation of the application for examination of the application.
3 If a certificate of verification is issued within two months of the expiry of the period of validity of a certificate of verification previously issued for the vehicle concerned, the period of validity of the certificate shall begin with effect from the date of issue of the certificate. that time, provided that such a previously issued certificate of verification is submitted prior to the examination of the application.
1 A certificate of verification shall be valid for the duration of one year.
2 By way of derogation from paragraph 1, the certificate shall be valid for two years if the certificate has been issued for a motor vehicle other than the one in the Articles 5 to 7 intended, and:
a. That is equipped with an internal combustion engine that is not fed by any gas or diesel fuel or not,
(b) of which the date of first authorisation of the motor vehicle shall be after 31 December 2004; and
c. of which a period of seven years has not elapsed since the date of first authorisation at the time of issue of the certificate of verification.
3 By way of derogation from paragraph 1, the certificate of verification of which the date of issue is valid for 30 years or more after the date of the first authorisation shall be valid for two years if the certificate of verification in question has been issued for another Motor vehicle than in Articles 5 to 7 Intended.
The issue of a certificate of verification shall be non-electronic.
The period referred to in Article 91, second paragraph, of the Act A period of one year in which the decision to issue a certificate of verification may be objected to.
The request for a re-examination provided for in Article 90, third paragraph, of the Act The following shall be submitted either by signing on the report report or by the sample audit report, which is requested to be re-approved and to sign this endorsement and to notify the person who is the subject of the assessment report. Sample Control Report issued. The latter shall inform the Road Administration forthwith.
The applicant shall have the right to be present at the re-examination.
The Road Administration shall, if a decision refusing the issue of a certificate has been issued by an approved natural or legal person, forward to that copy the certificate of inspection issued after the re-examination.
1 The applicant submits prior to Article 91 of the Act the expert study referred to in the report to the expert designated by the Road Administration to carry out the investigation, the certificate of verification issued for the vehicle or trailer to which the request relates.
2 The expert referred to in paragraph 1 shall return the documents referred to there to the applicant at the end of the examination, provided that the certificate is not returned if the validity of the certificate issued for the vehicle is valid. certificate shall expire in accordance with Article 91, sixth paragraph, of the Act .
3 The applicant shall have the right to be present in the investigation.
The Road Traffic Service shall, if the inspection on the basis of which the assessment report was issued was carried out by an approved natural or legal person, transmit this copy of the results of the investigation.
For the purposes of this chapter and the provisions based thereon, a 'foreign inspection body' shall mean an inspection body designated by the Traffic Service in another Member State of the European Union which is competent in the Member State concerned. to the issue of a certificate of verification.
The aim of the experiment is to reduce the burden on owners of motor vehicles and trailers with a Dutch licence plate in another Member State of the European Union for a longer period of time, subject to the same conditions of equivalence. road safety.
Without prejudice Article 78, first paragraph, of the Act in accordance with the rules laid down in this Decision, certificates may also be issued for the purpose of motor vehicles and trailers with a Dutch registration certificate issued by foreign inspecting bodies.
Without prejudice Article 75, first paragraph, of the Act a statement may be made and a certificate of verification issued by a foreign inspection body, upon application and against payment to the Road Administration of the tariff fixed by this service, if the vehicle or trailer is after verification, it appears that the requirements of the rules applicable in the Member State in which the foreign inspection body is situated are subject to the general periodic inspection rules.
By way of derogation from Article 86 of the Act shall not be re-tested by the Road Administration from the on-ground basis Article 23c vehicles approved by the foreign inspection bodies.
By way of derogation from Article 14, second paragraph , the person applying for a report to a test report on the basis of Article 23a -designated inspection body for the purpose of obtaining the vehicle or the trailer for which the report is requested, at the disposal of a body responsible for carrying out the inspection, at the disposal of a vehicle or trailer. Staff member or staff members at a particular place and time of time.
1 By way of derogation from Article 90, first paragraph, of the Act an interested party may not raise any objection or appeal to the Road Administration against the refusal to issue a certificate by a foreign inspection body.
2 By way of derogation from Article 91, second paragraph, of the Act , no objections shall be made or administrative appeal against a decision to issue a certificate of verification by a foreign inspection body.
1 The Articles 83 to 89 of the Act shall not apply to the foreign inspection bodies.
2 In the case of a ministerial arrangement, detailed rules shall be laid down concerning the rules to be met by a foreign inspection body in respect of the issue of proof of verification as referred to in Article 2 of the Article 23c .
This Chapter shall expire six years after the date of entry into force of this Decision.
The Article 70m of the Act Categories of motor vehicles shall be motor vehicles of the category B driving licence.
Approved undertakings shall provide the Road Traffic Service with the counter-mode of a motor of the driving category B:
a. recording in the holding stock as referred to in Article 62 of the Act ;
b. Termination of the tenamble as referred to in Article 66a of the Act ;
(c) issue of a certificate of verification as intended Article 72 of the Act ;
d. Ensure that any change to the construction or fitting of a vehicle meets the requirements as specified in: Article 100, first paragraph, of the Act ;
e. ensuring that a vehicle complies with the requirements as specified in: Article 106a, first paragraph, of the Act ;
f. the insertion of an alcohol lock as intended in Article 132f, first paragraph, of the Act ;
g. notification of bringing the vehicle permanently out of the Netherlands as referred to in Article 46, second paragraph, point (b), Registration of the registration ;
h. Notification that vehicles belonging to the holding stock are permanently excluded from the market as specified in: Article 46, second paragraph, point (c), Registration of the registration ;
Submission of an application for an indictment as referred to in Article 3 (1) Article 46, second paragraph, point (d), Registration of the registration ;
j. work on the on-board computer taxi under the Decision on passenger transport 2000 ;
k. Maintenance and repair, to the extent that this business is carried out, for which an amount of more than € 150 is due.
Violation of Article 3 is a criminal offence.
On the conviction of the driver of a motor vehicle for the offence of Article 5.1.1, first or second paragraph , or Article 5.1.2 of the Rules of Procedure he may be deprived of the power to drive motor vehicles for a maximum period of two years.
After the entry into force of this Decision, the Derogation Obligation scheme and the Transit Account Evidence Scheme On Article 10 of this Decision.
The following Decisions shall be repealed:
b. Decision of 8 June 1998 amending the Rules of Procedure (Stb. 410);
c. Decision of 11 June 1998 amending the Rules of Procedure (Stb. 404);
ed. Decision of 18 January 1999 amending the Rules of Procedure (Stb. 28);
j. Decision of 23 December 2004 amending the Rules of Procedure in relation to the implementation of Directive 2004 /3/EC (Stb. 2005, 19);
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: Vehicles Decision.
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, 21 February 2009
Beatrix
The Minister for Transport and Water
,C. M. P. S. Eurlings
Published the twenty-sixth March 2009The Minister of Justice
E. M. H. Hirsch Ballin
