Law (2014:52) Of Infrastructure Charging On The Road

Original Language Title: Lag (2014:52) om infrastrukturavgifter på väg

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2014:52

Scope of application



section 1 of this Act applies



1. infrastructure charging on public roads but ferries, and



2. infrastructure charging for heavy goods vehicles on the individual

roads that are part of the TEN-T road network in Sweden or who is

highways.



The law does not apply to infrastructure fees referred to in

first paragraph 1 if the charges subject to

differentiation according to EURO emission class according to section 10.



2 § for travelling on roads that are part of the TEN-T road network in Sweden

or on other highways, infrastructure charges

for vehicles covered by the Act (1997:1137) on road charges for

some heavy vehicles solely for the use of a

road section in the form of a bridge or a tunnel or a road

through a mountain pass.



Definitions



section 3 of this Act means



charging system: a technical and administrative systems

used for the charging of infrastructure fees on a section of road,



Euro emission class: such an emission class of the vehicle

referred to in annex 0 for a European Parliament and Council directive

1999/62/EC of 17 June 1999 on the charging of heavy

goods vehicles for the use of certain infrastructures, last

amended by European Parliament and Council directive

2011/76/EU, and section 31 of the anti-pollution law (2011:318),



infrastructure fee: a distance based fee for

to cover the costs of construction, operation, maintenance, and

the development of a road section with accompanying charging system,



priority projects of European interest: the road section in

Sweden set out in annex III to European Parliament and

Council decision No 661/2010/EU of 7 July 2010 on the Union's

guidelines for the development of the trans-European

transport network (recast)



The ten-T road network means the road network defined in annex I, section

2 for a European Parliament and Council decision No 661/2010/EU

and illustrated using maps or described in

Annex II to the decision,



heavy goods vehicle: a motor vehicle or articulated

motor vehicle that has a gross vehicle weight over 3 500

kilogram and intended for or used for

transport of goods by road,



sections: a defined part of the infrastructure.



In addition, the terms used in this law the same

meaning as in the Act (2001:559) road traffic code definitions and

Ordinance (2001:651) on road traffic definitions.



The charging system



4 § infrastructure charges should be imposed and enforced on a

ways that affect traffic flow as little as possible and that

allow normal traffic safety standard is maintained.



A charging system should not lead to unjustified disadvantage for

users who do not regularly use the road network. If

the charging system requires the use of automotive equipment

referred to in the Act (2013:1164) on electronic road toll systems,

It takes infrastructure fee will ensure that all

users can have access to such equipment.

Vehicle equipment shall comply with the technical requirements of the said

legislation and regulations that have been issued in connection with the

the law.



Calculation of infrastructure charges



Cost basis



Public roads



5 § Infrastructure fees referred to in article 1, first subparagraph 1

to be determined so that the total fee revenue not

exceed the costs for the construction and development of the

road section that charges are associated, as well as for the construction,

maintenance, operation and development of the related charging system.

Only expenses financed by loans to be

refunded with infrastructure charges and costs to be

financed directly with revenue from infrastructure charging

to be included in the cost basis.



Infrastructure charges should be based on a time period

corresponds to the infrastructure planned lifespan or another

period of not less than 20 years.



The second paragraph does not apply to infrastructure charges

for travel on the bridge on European route 6 across the Svinesund, as long as it

original fee system on the bridge are used and cannot be changed

in substantial quantities.



section 6 of the costs referred to in paragraph 5 of the first paragraph shall be distributed

between different categories of cars based on their expected

shares of the costs. The cost of a category of cars

may similarly be allocated among different types of cars

within the category.



The share of the costs pursuant to paragraph 5, first subparagraph, first

the sentence that can be attributed to the respective category or type

of cars should correspond to their expected share of the traffic on the

road section. If higher costs to construct and

maintain the infrastructure can be attributed to a specific category

of the cars, the share of the costs to be borne by the

the category is adjusted accordingly. The same applies if the

higher costs can be attributed to a particular type of car within a

category. If the cost of a particular category of cars, or

a certain type of car within a category, in whole or in part

financed from resources other than loans that must be repaid with

infrastructure charges or directly with revenue from

infrastructure charges, the costs shall be borne by the

the category or type of car is adjusted accordingly.



The estimated share of costs should be allocated to

different categories and types of cars will be checked

regularly and adjusted as necessary. Law (2014:1561).



Private roads



7 § Infrastructure fees referred to in article 1, first paragraph 2

to be determined so that the total fee revenue not

exceed the share of the costs that can be attributed to

heavy goods vehicles and relating to the construction, maintenance, operation

and development of the road section on which the fees relate to and

related charging system. In the cost basis may also

include a reasonable return on capital and a reasonable

profit margin.



Infrastructure charges should be based on a time period

corresponds to the infrastructure planned lifespan or another

period of not less than 20 years.



8 § the proportion of costs under section 7 of the first paragraph that

must be allocated to the heavy goods vehicles should correspond to their

estimated share of the traffic on the road section. The heavy

goods vehicles ' share of costs may similarly

be distributed among the various types of heavy goods vehicles. If

the cost of constructing and maintaining the infrastructure

will be higher due to the heavy traffic, the percentage of

costs to be borne by heavy goods vehicles shall be adjusted in

correspondingly. The same applies if the higher costs may

be attributed to a particular type of heavy goods vehicles.



The heavy goods vehicle's estimated share of the costs to be

be checked regularly and adjusted as necessary.



§ 9 the provisions of the second subparagraph of paragraph 7 and section 8 does not apply

infrastructure charges charged for travelling on the Öresund bridge, so

long as the original charging scheme on the bridge are used and

not be changed.



Differentiation of infrastructure charges



10 § infrastructure charging for heavy goods vehicles on the roads

included in the TEN-T road network in Sweden or who are highways should

may be varied according to EURO emission class of the vehicles.

No charge may be more than twice as high as the fee

charged for equivalent vehicles meeting the

stringent emission requirement.



The demand for diversification referred to in the first subparagraph shall not apply to

If



1. it would seriously harm the charging system

uniformity,



2. it is not technically feasible, or



3. If it would lead to the most polluting vehicles

being led away from the affected road section with negative

implications for road safety and public health as a result.



section 11 If a vehicle EURO emission class not found

available when a decision on the infrastructure charge shall be taken,

the infrastructure fee with a maximum of the amount

apply for equivalent vehicles with emission class EURO 0.



12 § Infrastructure fees referred to in article 1, first paragraph 2

may be differentiated depending on the time of day, type of day

or years, to reduce congestion, minimize wear and tear on

infrastructure or to optimize the use of or

promoting traffic safety on the road section, if



1. differentiation is clear, published and

available to all users on equal terms;



2. no fee is more than 175% higher than the

average fee for the corresponding vehicles,



3. higher fees to reduce crowding during a maximum of

five hours per day, and



4. differentiation to reduce congestion means higher

fee levels during periods when many vehicle passages owns

rooms and lower rates during other times.



A differentiation within the meaning of the first subparagraph shall not be designed so

the total fee revenue increases. If a revenue increase

Although this would occur should the differentiation therefore serves structure

be changed within two years after the end of the calendar year when

the revenue increase occurred.



13 § Infrastructure fees related to a priority project

of European interest may be differentiated otherwise than

as indicated in section 10 and section 12, first paragraph, to secure

the profitability of the project, if such a section is directly

competitive in relation to other means of travel by

a vehicle than on the road. Such differentiation



1. should lead to a fee structure that is linear,

proportional, published and available to all

users on equal terms and



2. shall not cause the costs passed on to users

not covered by the differentiation in the form of increased

fees.



If the infrastructure fees referred to in the first subparagraph

differentiated in purpose of reducing congestion, minimising wear

on the infrastructure or to optimize the use of

or promote traffic safety on the road section,


should the differentiation be made depending on the time of day, type

of the day or season.



The provisions of section 12 of the second subparagraph shall apply to the

differentiation according to the first and second subparagraphs.



Prohibition of use



14 § contributing car must not be used if

infrastructure fee referred to in article 1, first subparagraph 1 or

fee that has been communicated under paragraph 20 6

has not been paid within the prescribed period. Prohibition of use

However, arises only when the



1. the total fee debt amounts to more than 5 000 SEK,

and



2. at least six months have elapsed from the date on which an amount

in excess of 5,000 dollars would be paid at the latest.



In the total fee debt shall not be counted



1. the fee that a previous owner of the car is required to

pay and decided on after change of ownership,



2. fee for the deferred payment terms.



Use the prohibition applies to its total debt charges

that has led to the ban have been paid.



If there are special reasons, the authority that the Government

Decides to admit a particular car may be used despite the first

paragraph. Law (2014:1561).



section 15 If a car has been sold at a forced sale or by

a bankruptcy estate, it may be used by the new owner although

infrastructure fee referred to in article 1, first subparagraph 1 or

fee that has been granted under section 20, first paragraph 6,

as a previous owner is liable for, do not have

paid. The same is true of a car belonging to a

the bankrupt in respect of the fee that the bankrupt or a

former owner is liable for. Law (2014:1561).



section 16 If a vehicle is used in contravention of section 14, a policeman

or bilinspektör take care of the car's license plates.



The one referred to in the first subparagraph has taken care of the car's

license plates may allow the car taken to the nearest

suitable unloading site or installation site.

Law (2014:1561).



Appeal



section 17 of the decision under section 14 of the fourth subparagraph may be appealed to the

General administrative courts. Other decision under this Act may

not subject to appeal.



Leave to appeal is required for an appeal to the administrative court.

Law (2014:1561).



Privacy responsibility



section 18 of The charging infrastructure charges on roads referred to

in article 1, first paragraph 2 is a data controller under the

personal data Act (1998:204) for the treatment of

personal data operations.



In the case of infrastructure charges on roads referred to in paragraph 1 of the

the first subparagraph of paragraph 1 provides for the responsibility of personal data in

Act (2001:558) on road traffic register. Law (2014:1561).



Enforcement



19 § If an infrastructure charge on a public road or a fee

given under section 20, first paragraph 6 do not

paid on time, the fee is payable for the recovery.

The Government may provide for that recovery is not

need to be requested for small amounts.



Provisions of the Recovery Act (1993:891) if

recovery of State assets, etc. for the recovery,

enforcement under the enforcement code occur.



A decision according to the rules given in connection

to the law effective immediately, unless otherwise specified in the

the decision. Law (2014:1561).



Appropriations



section 20 of the Government or the authority, as the Government determines

may, in the case of roads referred to in article 1, first subparagraph 1 announce

regulations on



1. What section of road to be subject,



2. the vehicles to be covered by contributory,



3. the amount of infrastructure,



4. the chargeability of the fee,



5. the decision and the payment of the infrastructure fee, and



6. fees due to infrastructure fee has not

paid on time.



The Government or the authority, as the Government determines, in

question about roads that are part of the TEN-T road network in Sweden or who

are highways provide for reporting.

Law (2014:1561).



Transitional provisions



2014:1561



1. this law shall enter into force on 1 June 2015.



2. the Act shall not apply to the infrastructure fees related to

passages of the tollbooth, which occurred before the entry into force.