Team (2013:1164) On Electronic Road Toll Systems

Original Language Title: Lag (2013:1164) om elektroniska vägtullssystem

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2013:1164

Purpose and scope



§ 1 the aim of this Act is to create conditions for

use standard vehicle equipment in the electronic

road toll system pursuant to European Parliament and Council directive

2004/52/EC of 29 april 2004 on the interoperability of the

between electronic road toll systems in the community and

Commission decision 2009/750/EC of 6 October 2009

the definition of the European electronic

tolls and technical data for this (EETS-decision).



section 2 of this Act applies only to electronic toll systems where

vehicle equipment is used.



Act's provisions on payment intermediaries apply only

intermediaries registered under this Act or in

accordance with EETS-decision in State within the European

economic area (EEA) where the intermediary is

established.



The provisions relating to road users is only valid

road users who have entered into an agreement with such

payment intermediaries referred to in the second subparagraph.



section 3 of this Act shall not apply to the smaller and completely

local electronic road toll system on the cost of

comply with the statutory requirements are not proportionate to the

the benefits.



Anyone who intends to establish such a system referred to in

the first subparagraph shall inform the authority that

the Government determines.



Definitions



paragraph 4 for the purposes of this law



1. notified bodies: a body has notified pursuant to §§ 7-9

Act (2011:791) on accreditation and technical control or

corresponding provisions of another State within the EEA or

Turkey



2. fee ' Gatherer ' means a government agency or a legal person

which, through an electronic road toll system brings up the tolling

for vehicle traffic in the toll area;



3. payment intermediary ' means a legal person who conveys

payment of the toll road from a user to a

fee Harvester,



4. electronic road toll systems: a technical and

administrative system in order to take up the tolling of a

toll area with the support of vehicle equipment,



5. vehicle equipment: a complete set of hardware and

software components that are required to use a

electronic road toll system, which is installed in a

vehicles for the collection, storage, processing, remote receive

and transmission of data,



6. route Declaration: such a task to a

fee Harvester which confirms that a vehicle has been

in his toll area,



7. technical equipment: all equipment and all

technical components, including software, in an electronic

road toll systems needed to ensure

the interoperability of electronic road toll systems,



8. road users: any natural or legal person who has

entered into an agreement with a payment intermediary for mediation of

toll fee Harvester,



9. "toll" means a fee or tax paid for

vehicle traffic in the toll area;



10. toll area: a road, street, trail or ferry which is to

considered as a path, a square or another area, where a

electronic road toll systems are used.



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.



Payment intermediaries



paragraph 5 of A legal person established in Sweden shall, after

the application of the authority the Government determines,

recorded as a payment intermediary, if the legal

the person



1. hold the prescribed certification,



2. have the prescribed and approved technical equipment,



3. have expertise in the field of electronic road toll systems or

the corresponding system,



4. have appropriate financial position,



5. has established and is able to maintain a global

risk management plan, and



6. have a good reputation.



6 § payment intermediaries shall, within two years from

registration agreements on delivery of toll with

fee Harvester of all toll areas covered by

This law or of the European Parliament and Council directive

2004/52/EC of 29 april 2004 on the interoperability of the

between electronic road toll systems in the community.



Payment provider shall maintain the full

coverage of road toll areas referred to in the first subparagraph. If

the coverage would be changed to full coverage

be restored within six months.



section 7 a payment intermediaries shall



1. when a contract for the delivery of toll is hit with a

road users to inform him about the treatment of

personal data which the agreement and about the way the user's

rights under the personal data Act (1998:204),



2. inform road users if their coverage under section 6 and

any changes to it,



3. If necessary, provide the user with the agreement if

mediation of toll has been concluded with the vehicle equipment

meet the prescribed technical requirements and demonstrate that the equipment

meets the requirements,



4. provide appropriate services and technical support for the

adaptation of vehicle equipment,



5. be responsible for the fixed parameters for classification of a

vehicles that are stored in the vehicle's equipment or in

payment provider,



6. make sure that the variable parameters for classification of a

vehicles can be set manually by vehicle equipment,



7. keep a list of vehicle equipment that no longer

is approved and which relates to a contract between

intermediary and a road user,



8. publish their conditions to negotiate contracts with a

road users, and



9. cooperate with fee-harvesting equipment for the recovery of

road tolls.



section 8 in an invoice to a road user shall

payment provider specify the tolls. Time and

place for the chargeability of the fee and the type of toll,

unless the road user has authorized that the information

is omitted. In addition, tolls are recognised separately from

payment agent's fee.



section 9 If the conditions in paragraph 5 of the 1, 4, 5 or 6 are no longer

fulfilled, or if the data subject so requests,

registration as a payment intermediary recalled.



Fee Harvester



section 10 of The fee-harvesting equipment shall ensure that the electronic

road toll systems for which he is responsible for always satisfies

prescribed technical requirements that make it possible to use

standard equipment in the vehicles.



When a flaw in the system, which depends on the fee the gatherer, should

They ensure that road users can pass the toll area

secure with the least possible delay and without recovery

as a failure to pay toll.



11 § fee Harvester, in an area Declaration set the

General conditions that must be met for a

payment intermediaries to obtain work in the Gatherer's

toll area.



12 § fee Harvester will provide a payment intermediary

satisfies the conditions laid down in section 11 and any special conditions

in charging toll Gatherer's area.



The fee on its website the Gatherer will provide a

public list of payment intermediaries with which

He has signed contracts for the delivery of toll.



section 13 A fee Harvester will accept registration of

vehicle passages through the approved vehicle equipment that is in

operation and related to a payment provider with

which he has a contract for the delivery of toll.



section 14 A fee Harvester shall cooperate with



1. a payment intermediary to perform tests of

electronic road toll levy system Gatherer's, and



2. a payment provider, manufacturer or a notified

agencies to assess whether certain technical equipment is suitable

the use of electronic road toll systems charging absorber.



Road users



15 § road users shall ensure that



1. accurate user and vehicle information is provided to

payment provider,



2. vehicle equipment is in operation when the vehicle is put forward within

a toll area, and



3. vehicle equipment is used according to the agent's

instructions.



If a road user does not comply with its obligations under

first subparagraph, the payment provider determine that

the way the user's vehicle equipment is no longer approved.



Toll



If toll



section 16 of the gatherers must not charge a road user

According to this law, a higher toll than the one that is charged

corresponding to other users of the road.



If a payment intermediary's classification of a vehicle

differs from the fee the fee, the absorber absorber

classification shall apply. However, this does not apply if it is shown that

charging the Gatherer's classification of the vehicle is incorrect.



Payment obligation



section 17 a payment intermediary that has entered into an agreement with a

road users about the mediation of toll is, instead of

the road user, the person liable for payment of a toll, which refers to a

vehicles equipped with automotive equipment provided

by the payment provider. If a route statement has not been

sent, however, the payment provider and road user

jointly and severally liable for payment of the toll.



Payment provider are not liable under the first

the paragraph on the vehicle equipment is not approved and the passage

takes place after the such a list referred to in paragraph 7 of 7

been sent to the relevant contribution Gatherer.



section 18 a road user's payment of the tolls to their

payment intermediaries is made by liberating effect.



The route returns



section 19 of the toll system based on korthålls communication

a fee-harvesting equipment, or for fee Gatherer's

Bill takes up the tolling, notify each

payment intermediaries on the approved route declarations for

their respective road users.



section 20 If a payment provider becomes aware that a


approved route Declaration is missing for a vehicle crossing

a pay station, should the payment provider inform the

the lack of road user concerned and shall give him an opportunity to

regulate its debt before the recovery may take place.



Accounting separation



section 21 of A Government agency or a legal person which is both

fee harvester and payment intermediaries shall keep

activities separated and present them separately.



Technical requirements



section 22 of an electronic road toll system and the

Automotive equipment to be used in the system must meet

prescribed technical requirements.



section 23 of the notified body shall assess whether the requirements of section 22 is

met.



A fee-harvester or a notified body shall assess whether certain

technical equipment is suitable for use in

charging electronic road toll Gatherer's system.



Conciliation body



section 24 of the authority that the Government determines to be

the conciliation body. The conciliation body shall, upon the request of a

payment intermediaries or a fee-Harvester, mediate between

the parties



1. If an agreement on the right of the payment provider

to operate in the area the Gatherer's road toll fees cannot be reached,

or



2. in the case of a dispute concerning such an entrance agreement referred to in

1.



The mediation shall in particular seek to ensure that such

conditions referred to in section 11 and any special conditions

are non-discriminatory and that they appropriately

reflecting the parties ' costs and risks.



Privacy responsibility



section 25 of the question concerning the processing of personal data is

provisions of the personal data Act (1998:204).



A fee-harvesting equipment, or for fee Gatherer's

Bill takes up the tolling, is a data controller under the

personal data for the processing of personal data

a notification under article 19.



A payment intermediary is a data controller under the

personal data for the processing of personal data

the operation involves.



Toll table



section 26 of the authority that the Government shall maintain a

Register of road toll areas and payment intermediaries

(toll).



The authority referred to in the first subparagraph is

the data controller for the registry as

personal data Act (1998:204).



section 27 toll table should be conducted within the framework of the

the European electronic toll service

provide information on toll areas and

payment intermediaries.



The register shall contain information on payment intermediary

has been registered under section 5 and for each toll area

data on



1. fee-Harvester,



2. the technology used in road toll system,



3. the geographical area covered by toll,



4. type of toll and toll structure,



5. vehicles subject to toll and parameters for

classification of vehicles,



6. requirements for route declarations,



7. territorial Declaration, and



8. the payment intermediary fee Gatherer has entered into

contracts for the delivery of toll.



Supervision



section 28 of the authority the Government supervising

that fee Harvester on the private road and

payment intermediaries comply with this Act and the regulations as

in connection with the Act, and that the

technical equipment of a road toll system

prescribed requirements.



In the personal data Act (1998:204) provides for

supervision of the processing of personal data.



section 29 of the supervisory authority has the right to request the

information and to obtain the documents necessary for

supervision.



The supervisory authority may also, to the extent

There is a need for monitoring, on-demand access

facilities, premises and other areas related

the use of an electronic road toll system. This

right excludes housing.



section 30 of the regulatory authority may inform the injunctions and

ban needed to this Act and the regulations

a court in connection with the law should be followed.



If the supervisory authority informs the injunctions or prohibitions

According to this law, these may be combined with a penalty.



31 § If there is reason to believe that the technical equipment

CE marking does not comply with the technical requirements of the

This law or regulations issued in connection

to act, the supervisory authority shall submit to the manufacturer,

a fee-harvester or a payment intermediaries to



1. only use the equipment in the specified manner;



2. cease the use of the equipment, or



3. withdraw the equipment.



If technical equipment is CE marked do not comply with

the technical requirements under this Act or the regulations that

in connection with the Act, the supervisory authority shall

submit to the manufacturer to ensure that the equipment

comply with the requirements.



An injunction is valid as long as the product is not

comply with the technical requirements and may be subject to

liquidated damages.



Appeal



32 § decision pursuant to paragraphs 5 and 9, a decision pursuant to section 23 of the

the second paragraph as well as the regulatory authority's decision under this Act

or in accordance with regulations issued under the law

may be appealed to the administrative court.



Leave to appeal is required in case of appeal to the administrative law.



Appropriations



33 § Government or authority the Government determines

may provide for



1. requirements for registration as a payment intermediary,



2. technical requirements on an electronic road toll system and the

Automotive equipment to be used in the system,



3. parameters for classification of vehicles,



4. supervision, and



5. fees for case management, registration and supervision

According to this law and in accordance with the regulations issued

with the support of the law.