Law (2014:1437) On Measures For Prevention Of Continued Flight

Original Language Title: Lag (2014:1437) om åtgärder vid hindrande av fortsatt färd

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2014:1437

Introductory provision



section 1 of this Bill provides for measures which may

be taken to ensure the enforcement of a decision to

a vehicle or road train may not proceed.



Decision on measures



section 2 where such decision referred to in the first subparagraph of paragraph 7, section 8

first subparagraph, paragraph 9 or 10 of

has been notified and it can be assumed that the decision will not

be followed, in the cases specified in §§ 7 and 10 a police officer or

Customs officer take possession of



1. vehicle keys or other items needed for

the journey,



2. shipping documents, and



3. license plates.



A police officer or customs officer has decided on

disposal in accordance with the first subparagraph shall promptly notify

it to his foreman, who immediately shall examine whether

the disposal will consist.



section 3 may for special reasons, it is assumed that a disposal

According to section 2 is not sufficient to ensure that

the decision followed, Police or customs and Excise may decide

to the vehicle or vehicle train should be equipped with a mechanical,

electronic or other type of locking device (locking). If

It is more appropriate in an individual case with locking than

disposal, locking may be decided without prejudice to

the first sentence.



4 section to search for such property as defined in paragraph 2 of the first

subparagraph, a police officer or customs officer search

the vehicle's driver and scan the vehicle or vehicle train,

If the property is not available in any other way. If there is

exceptional circumstances, also receive vehicle passengers

strip-searched.



5 § Have a decision on the disposal or locking

granted, a police officer or customs officer may allow the

the vehicle or vehicle train are brought to the nearest suitable place

before the action is executed.



section 6, an action under this Act may be taken only if it is

justifiable in view of the purpose of the action and other

circumstances. Must force be resorted to, should this be done only

in the form and to the extent necessary for the

intended outcome is to be achieved.



The grounds on which the action may be adopted



Measures to secure the enforcement of penalty



section 7 of the disposal or locking may be taken when a decision to the vehicle or vehicle train may not continue their journey has been granted in accordance with 1. 8 b of the Act (1972:435) if overload fee,



2. section 25 (b) of the Ordinance (1993:185) on working conditions at certain international road transport,



3.10. section 6 of the Regulation (2004:865) on driving and rest times and recording equipment, etc.;



4.7 d § Ordinance (1998:786) on international road transport in the European economic area (EEA).



An action referred to in the first subparagraph shall cease as soon as the reasons for it and may not persist for longer than 24 hours. Law (2015:357).



Measures to prevent continuing violations of

yrkestrafiklagstiftningen



section 8 disposal or locking may be taken when a

the vehicle continued the process has been hampered as



1. Chapter 5. paragraph 5 of the commercial code (2012:210),



2. Chapter 5. section 7 of the taxi traffic law (2012:211), or



3. section 7 of the Ordinance (1998:786) on international

road transport in the European economic area

(EEA).



An action referred to in the first subparagraph shall cease as soon as the

There is no longer any reasons for it and may not persist for

longer than 24 hours.



Measures in order to prevent the traffic of vehicles whose drivers

represents a clear and present danger for traffic safety



§ 9 disposal or locking may be taken if the driver

represents a clear and present danger for traffic safety and vehicle

continuation of the process have been prevented under the



1.10. section 1 of the Regulation (2004:865) on driving and rest times

as well as recording equipment, etc.,



2. section 32 Regulation (1993:185) on working conditions at

certain international road transport, or



3. Chapter 14. section 15 of the highway code (1998:1276).



An action referred to in the first subparagraph shall cease as soon as the

There is no longer any reasons for it and may not persist for

longer than 24 hours.



Measures in order to prevent the traffic of vehicles constituting a

clear and present danger for traffic safety



10 § disposal or locking may be taken if vehicle

condition or nature constitutes a clear and present danger for

traffic safety and vehicle continued flight has been prevented

According to



1. Chapter 5. section 3 of the motor vehicle Act (2002:574), or



2. Chapter 14. section 15 of the highway code (1998:1276).



An action referred to in the first subparagraph shall cease as soon as the

There is no longer any reason for it.



Intelligence



section 11 of the driver, the other from the property seized and

the vehicle's registered owner should be notified as soon as the decision on the

disposal or locking and to be informed of how

property and vehicle can be managed.



At measure according to section 10 of it should at the same time be informed of the

the ability to ask for reconsideration.



Reconsideration and appeals



Review



section 12 of the cases referred to in section 10, law enforcement agency, if the driver

or the vehicle's registered owner in writing requesting it,

urgently reconsider a decision on the disposal or

locking.



Police decision pursuant to the first subparagraph shall be

in writing and, if the agency finds that the measure shall consist,

State the reasons on which the decision is based. The driver and

the vehicle's registered owner shall be notified of the decision and

how the decision may be appealed.



Appeal



section 13 a decision pursuant to section 12 of that indicates that the action should

be may, without limitation to a certain time, be appealed

in writing to the District Court within whose jurisdiction the action

been taken. Other decision under this Act shall not

subject to appeal.



section 14 of the court handling the law (1996:242)

about court cases.



section 15, the Court may decide the action to be made up or to

It is repealed.



section 16 of the reasons for the action ended, the Police

set aside the disposition or klampningen.



Procedure when an action ends



section 17 When a care ceases to be the property disclosure

to the person from whom the property was taken, unless it

There is a particular reason to leave it to someone else.



If the property is not collected when a disposal has

ceased, applicable law (1974:1066) if proceeding with

forfeited property and lost property, etc.



section 18 If an action under section 10 has ceased, the driver shall, other

from the property seized and vehicle registered

the owner is notified of the decision has expired and

about the property or the vehicle may be handled.



Protocol



section 19 of the Protocol shall be kept of the disposal, locking,

Strip search and scan. By the Protocol of

disposal, locking, or scan, it

specify the:



1. which vehicle operation related and what property

seized,



2. who has made a decision on the action,



3. the basis for the decision and the date when it has been taken,



4. who participated in the operation,



5. who or what that action is targeted against,



6. time for action, and



7. as has been observed in the intervention.



In Chapter 28. the code of judicial procedure contains provisions on protocols

over strip search.