Commercial Regulation (2012:237)

Original Language Title: Yrkestrafikförordning (2012:237)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2012:237

Chapter 1. General provisions



section 1 of this regulation contains rules that connect to

European Parliament and Council Regulation (EC) no 1071/2009 of

21 October 2009 establishing common rules concerning the

conditions to be complied with to pursue the occupation

services and repealing Council Directive 96/26/EC as well as

commercial law (2012:210).



Vehicle concepts in this regulation have the same meaning as in

Act (2001:559) road traffic code definitions.



Regulations for registration of State holdings, etc. According to the

Regulation (EC) no 1071/2009 and commercial law, see

Ordinance (2001:650) on road traffic register.



Of the Regulation (1999:1134) on load records and

Regulation (1999:1135) if suspicion registers are

provisions on the right of the Transport Agency to obtain information

from these records.



Scope of application



Article 2 of Regulation (EC) no 1071/2009,

commercial law (2012:210) and this Regulation shall not

apply to undertakings exclusively engaged in



1. transport with emergency vehicles,



2. transport of dead,



3. transport by snow and ice and sand, road salt, wood chips or

other materials in connection with the snow removal or deicing,



4. transportation, which refers only to such sanitation as a

municipality is obliged to provide,



5. transport operations only for salvage of vehicles with cars

which are specially constituted for that purpose,



6. transport of sugar beet, potatoes, vegetables, fruit and

wear to the processing industries and transport from there by

by-products resulting from the processing of these

products, or



7. transport by tractor train in agriculture or forestry

of products or supplies for these industries.



3 §/expires U: 2016-01-18/

For the combined transport of goods between Sweden and a

State of the European economic area (EEA)

is required, although it listed in Chapter 2. section 1 of the commercial code

(2012:210), only that the carrier is in possession of a

the Community licence provided for in European Parliament and

Council Regulation (EC) no 1072/2009 of 21 October 2009 on the

common rules for access to the international

road haulage market. The Community licence

to be combined with a driver attestation if the driver is a national

in a third country. The requirement for Community authorisation shall not apply to

the transports which are exempted from such a requirement according to

Article 1(5) of that regulation.



With a combined transport ' means the transport of goods between

States in the European economic area (EEA) where

a lorry, trailer, semi-trailer, with or without tractor unit, a

swap body or container that is at least 20 feet long

used for the carriage of goods by road the beginning and

final haul and transported by rail, inland

waterways or at sea the intervening distance. The

intermediate distance shall be at least 100 kilometers, and

road transport shall be carried out



– between the point where the goods are loaded and the nearest

nearest suitable rail loading station or between

unloading station and the point where the goods are unloaded, or



-within a radius of 150 kilometers from loading or

the port of unloading.



A leading or trailing distance on the way in

the context of a combined transport may include a

border crossing.



3 section/entry into force: 01/18/2016

For the combined transport of goods between Sweden and another country within the European economic area (EEA) is required, although it listed in Chapter 2. section 1 of the commercial code (2012:210), only that the carrier is in possession of a Community licence provided for in European Parliament and Council Regulation (EC) no 1072/2009 of 21 October 2009 establishing common rules for access to the international road haulage market. The Community licence shall be combined with a driver attestation if the driver is a national of a third country. The requirement for Community authorisation does not apply to the transport operations exempted from such a requirement in accordance with article 1(5) of that regulation.



With a combined transport ' means the transport of goods between States within the European economic area (EEA) where the lorry, trailer, semi-trailer, with or without tractor unit, swap body or container that is at least 20 feet long, used for the carriage of goods by road on the initial or final leg of the journey and shipped by rail, inland waterways or sea the second part of the route If it exceeds 100 kilometres and road transport takes place – between the point where the goods are loaded and the nearest suitable rail loading station for the initial part, and between the nearest suitable rail unloading station and the point where the goods are unloaded for the final leg, or – within a radius of 150 kilometers from the port of loading or unloading.



A leading or trailing distance on their way in the context of a combined transport may include a border crossing. Regulation (2015:952).



Competent authority



section 4 of the Swedish Transport Agency is the competent authority in accordance with Chapter 1. 6 §

commercial law (2012:210).



§ 5 Transport Board style written exam in

professionalism under Chapter 2. section 6 of the commercial code (2012:210).



section 6 of the Transport Department organizes written examinations in

professionalism under Chapter 2. section 6 of the commercial code (2012:210).



Chapter 2. Permission to carry out a professional traffic



Application



§ 1 An application for a permit to operate commercial traffic,

be in writing.



The applicant shall submit such documents proving that the requirements of

Article 3 of Regulation (EC) no 1071/2009 are met.



In the case of foreign nationals who are not resident in Sweden

should a description of good repute.



Application review



section 2 of the Applicant shall, at the request of the Transport Agency to submit the

information that the Board needs to examine an application for

permit to carry commercial traffic.



Exemption from examination in professionalism



paragraph 3 of the Transport Board may grant a derogation from the obligation

to pass an examination in professionalism in accordance with article 8(7),

or 9 of Regulation (EC) no 1071/2009.



Permission to carry out a professional traffic



paragraph 4 of the decision for authorization to carry out a professional traffic

contain



1. the licensee's name, address, social security number or

registration number,



2. details of the traffic that the permit relates, and



3. the conditions and limitations that apply to the traffic.



If the licensee is a legal entity or a

traders who are resident outside the EEA, the decision also

contain information about who is responsible and who traffic in

other tested according to Chapter 2. paragraph 2 or paragraph 3 of

commercial law (2012:210).



The State shall further contain information on

section 5 and Chapter 4. paragraphs 2 and 6, as well as a statement in which

conditions permit may be revoked.



The exchange of transport managers and others.



§ 5 the holder of the authorization shall notify the Transport Board

someone who has been tested in accordance with Chapter 2. paragraph 2 or paragraph 3 of

commercial law (2012:210). The same applies if any

such a person will be charged.



section 6 of The stipulated on the application for authorization and review

of such an application of paragraphs 1 to 3 shall apply mutatis mutandis to a

notification pursuant to article 4(4) of Regulation (EC) no 1071/2009

or section 5 and trial by reason of such notification.



Chapter 3. International road transport, etc.



§ 1 the applicant shall, at the request of the Transport Agency to submit the

information that the Board needs to examine an application for

transport permits.



section 2 of such proof of authorization referred to in Chapter 3. 3 or 5

§ commercial law (2012:210) shall be kept in the vehicle during the

the process. The proof must be presented for a bilinspektör, police officer

or customs official who requests it.



§ 3 When a combined transport referred to in Chapter 1. section 3 is performed

in commercial traffic, in a transport document

at least meets the requirements set out in article 6 of Council Regulation No 11

of 27 June 1960 concerning the abolition of discrimination in so far as

relates to transport rates and conditions referred to in article 79 (3) of

The Treaty establishing the European economic

community, stated



– for a railway route, loading and unloading station,

and



– for inland waterways or sea transport, loading and

port of discharge.



Data shall be indicated in the transport document prior to shipment

carried out and authenticated by a stamp of the railway or

the port authority when the carriage ends that have

occurred on the rail, inland waterway or by sea.



When a trailer or semi-trailer belonging to a company

multimodal transport for own account, on the

closing the distance carried by a truck belonging to the

a company that carries out transport for hire or reward,

rather than that specified in the first and second subparagraphs, the part

carriage performed or to be performed by rail

or inland waterways or at sea are given in a dedicated

transport documents.



section 4 of the transport document referred to in paragraph 3, shall be carried on the

the vehicle. The documents will be produced on request for a

bilinspektör, police officer or customs officer, together with the

the Community licence and driver attestation referred to in 1

Cape. section 3.



Chapter 4. General provisions on the control of professional

traffic



section 1 of the Swedish Transport Agency is the supervisory authority pursuant to Chapter 4. 10 §

commercial law (2012:210).




2 § Before a vehicle other than a trailer may be used in

hire or reward under a permit to conduct such

traffic, the licensee shall make a written notice of

vehicle to Transport Agency.



section 3 of a notification under paragraph 2 shall indicate if the vehicle

the registration number and, where applicable, a statement that

the vehicle is held with right of use. With the notification file

shall comply with



1. a foreign registration certificate if the vehicle is

registered in foreign countries, and



2. a supplementary investigation on the requirement of economic

resources in accordance with article 7 of Regulation (EC) no 1071/2009 is

satisfied, on an extension of the number of vehicles to be

be used as an authorization to carry commercial traffic.



For a vehicle that is held with right of use, a copy of

the contract is submitted to the Transport Board requesting it.



section 4 of the Swedish Transport Agency shall verify in road traffic register

that a vehicle notified under section 2 satisfies the conditions

for registration and if the nature of the products and equipment

provided for in the Regulation (2001:650) on road traffic records and

vehicle regulation (2009:211) and in regulations that have

issued pursuant to the regulation for the type of vehicle

and the mode of transport that the authorization to carry out a professional

traffic concerns. The Board shall also check that

the licensee owns the vehicle or have the right to

it.



§ 5 If an extension is made by the number of power-driven vehicles

the licensee shall use, it must be ascertained that the economic

the conditions laid down in article 7 of Regulation (EC) no

1071/2009 are met. A review should also be made of the requirement for

good repute within the meaning of article 3(1)(b) of that regulation, unless the

such a review has recently been made or for other reasons

seems unnecessary.



section 6, If a vehicle has been notified under section 2 is amended so that

It no longer meets the conditions laid down in paragraph 4, or if

the vehicle should not be used as a condition to

carry out a professional service, the licensee shall notify

Transportation Board before the vehicle is changed or taken into use

for other traffic.



Chapter 5. Duty to notify



§ 1 The Authority shall make a report to the Transport Agency

If the agency draws attention to a circumstance that may be of

significance of examination of whether a licence holders shall

notified in accordance with article 13(1) of Regulation (EC) no

1071/2009 or if the permit shall be revoked or

temporarily withdrawn.



If there is reason to believe that a violation has occurred

in the exercise of traffic, Transport Agency report it to

The police authority or a public prosecutor.



The obligation in the second paragraph does not apply to violations under the

section 19 of the Regulation (1993:185) on working conditions at some

international road transport or Chapter 9. section 5 of the regulation

(2004:865) on driving and rest times and recording equipment, etc. which

detected at the control in a business premises, if

penalty may be applied, in accordance with the said regulations.

Regulation (2014:1285).



section 2 of the tax authorities and other authorities who receive or driver

the taxes or duties shall, at the request of the Transport Agency

provide the information that the Board requires for its examination

or supervision.



3 § when a court has sentenced someone to a crime listed in 5

Cape. section 2 of the Ordinance (2001:650) on the road or when

a higher court has ruled on a case where such a question has

been tried, a copy of the judgment or decision immediately sent

to the Transport Board on the judgment or decision



1. someone who has a permit to operate commercial traffic,



2. someone who has a transport permit,



3. anyone who carries out cabotage operations,



4. a Transport Manager, or



5. any other person examined as described in Chapter 2. section 2 of the other

subparagraph or paragraph 3 of the commercial code (2012:210).

Regulation (2012:482).



Chapter 6. Penalties and appeals



section 1 of The who, either intentionally or negligently, infringes Article

4 (4) of Regulation (EC) no 1071/2009, Chapter 2. section 5, Chapter 3. section 2 of the

or Chapter 4. 2, or section 6, shall be liable to a monetary fine.



section 2 of the 22 a of the Administrative Procedure Act (1986:223) contains provisions

If an appeal to the administrative court. Additional

provisions on appeal, see Chapter 6. 4 §

commercial law (2012:210).



Chapter 7. Other provisions



Appropriations



section 1 of the Transport Board may provide for samples in

professional skills for permission to conduct commercial traffic.



Transportation Board may also provide for

enforcement of Regulation (EC) no 1071/2009,

commercial law (2012:210) and this regulation, other than in

cases referred to in paragraphs 2 to 4. Regulation (2012:627).



section 2 of the police authorities may provide for

enforcement of Chapter 5. paragraph 5 of the commercial code (2012:210) in

the Agency's area of activity.



Before the police will notify such provisions shall

the authority told the customs service. Regulation (2014:1285).



section 3 of the Customs and Excise Department may provide for the enforcement of

Chapter 5. paragraph 5 of the commercial code (2012:210) in Swedish

field of activity.



Before the customs service notifies such provisions should really hear

The police authority. Regulation (2014:1285).



section 4 of the police authorities may provide for

The Transportation Board's obtaining such personal investigation

necessary for the application of Regulation (EC) no 1071/2009,

commercial law (2012:210) and this regulation.



Before the police will notify such provisions shall

the Agency told the Swedish Transport Agency. Regulation (2014:1285).



Exception



paragraph 5 of the Transport Board may grant to a holder of a

foreign driving licence who is a national of a country outside the

European economic area (EEA) runs a

Swedish-registered motor vehicles for hire or reward a

shorter distance or time, if it can be done without risk to

traffic safety.



Certificate



section 6 of the Transport Agency shall, on request and on a case-

issue such attestations and any other documents referred to in article

8.8, 19 and 20 of Regulation (EC) no 1071/2009.



Fees



section 7 of the Transport Board may provide for fees

for supervision and case management under Regulation (EC) no

1071/2009, commercial law (2012:210) and regulations

in connection with the Act.



Transitional provisions



2012:237



1. This Regulation shall enter into force on 1 June 2012, when

commercial regulation (1998:779) is repealed.



2. For shipments of milk, milk products and eggs, as well as by

slaughter animals to slaughterhouses 1. 2 section 9 and 10 of the

repealed Regulation until 31 May 2013.



3. Regulations on other commercial traffic than taxi traffic

has been granted on the basis of commercial regulation (1998:779)

and when this Regulation comes into force shall be deemed to

announced pursuant to this regulation.



4. where a law refers to a

Regulation of commercial regulation (1998:779)

replaced by a provision in Regulation (EC) no 1071/2009

or this regulation, apply instead the new

the regulation.