Commercial Law (2012:210)

Original Language Title: Yrkestrafiklag (2012:210)

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2012:210

Chapter 1. Introductory provisions



paragraph 1 of the rules concerning the conditions to be fulfilled by the

carries on or intends to carry out a professional traffic

and access to international markets for

road freight transport and passenger transport by bus, see



1. 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,



2. European Parliament and Council Regulation (EC) no 1072/2009

of 21 October 2009 establishing common rules for access to

the international road haulage market, and



3. European Parliament and Council Regulation (EC) No 1073/2009

of 21 October 2009 establishing common rules for access to

the international market for coach and bus

and amending Regulation (EC) No 561/2006.



paragraph 2 of this law contains additional provisions applicable to the

Regulation (EC) no 1071/2009, as well as provisions on certain

international road transport.



Article 3 of Regulation (EC) no 1071/2009 and this law shall also

apply to companies that professionally engaged in goods transport

on the road with light trucks or passenger cars with a maximum

permissible weight of 3.5 tonnes.



4 § Vehicle concepts in this Act have the same meaning as in

Act (2001:559) road traffic code definitions.



Additional definitions can be found in article 2 of Regulation (EC)

No 1071/2009.



section 5 of this Act means



1. Regular Services Such professional services

personal transport

scheduled and for which compensation

is determined separately for each passenger

for a prerequisite is

that traffic is not included as part of

a contiguous arrangement, where

the main purpose is other than the

the transport.



2. Ordering traffic Such professional services

coach and bus

is not a regular service.



Competent authority



section 6 of The Government authority determines jurisdiction

authority under Regulation (EC) no 1071/2009 and to carry out

the information on reporting of Sweden as

Member State according to article 26 of that regulation. The competent

the Agency also questions under this Act.



Chapter 2. Permission to carry out a professional traffic



Obtain a permit



1 § commercial traffic may be carried out only by persons who are

such a community authorization referred to in article 4 of regulation

(EC) no 1072/2009 or in article 4 of Regulation (EC) no

1073/2009, issued by the competent authority,

or a commercial permit.



The operator of a regular service, hire someone else to

carry out the traffic. The traffic will be permitted to

commercial traffic for carriage of passengers by road or

taxi permits according to the taxi traffic law (2012:211).



Requirements for good repute



section 2 Which covered the trial for the purpose of good

reputation is clear from article 6(1) of Regulation (EC) no

1071/2009.



In addition, the examination in the case of a private-law legal

person or a self-employed person who resides outside the European

economic area (EEA) refer to the following people:



1. the Executive Director and the other by a leading

position or otherwise has a controlling influence.

over the business,



2. the Board members and Deputy Board members who, as a result

of shareholders or related parties has a significant financial interest

community with the legal person based on

rights of participants or a substantially equivalent economic interest, and



3. General partners in limited partnerships or other trading companies.



As related to a Board member or a

Deputy Director deemed it that according to Chapter 4. paragraph 3 of the first

subparagraph Bankruptcy Act (1987:672) is considered to be related

to the debtor.



3 § If any of those referred to in section 2 is replaced or if

of any such person, the new person's good

reputation is tried.



section 4 consideration of whether a company, a Transport Manager or

someone referred to in paragraph 2 or paragraph 3 of the requirement

of good repute to the desire and ability to carry out its

obligations towards the public, obedience to the law in General and other

circumstances of importance should be taken into account.



The requirement of good repute is not considered to be fulfilled by the



1. been convicted of or otherwise imposed a sanction of a

or more serious or repeated violations of the

provisions within the areas referred to in article 6(1) third

subparagraph of Regulation (EC) no 1071/2009, or



2. otherwise, been convicted of a serious crime, including a

serious economic crimes.



§ 5 If the application for authorization is rejected because of

circumstances referred to in paragraph 4 will be a time of not less than six months

and a maximum of five years, during which it considered to be considered

inappropriate to carry commercial traffic.



Professional expertise



section 6 of The Government authority determines the style and

organizes written examinations in proficiency in accordance with the

Article 8 of Regulation (EC) no 1071/2009.



Permit conditions



section 7 A permit to conduct commercial traffic may be subject

with conditions in accordance with article 3(2) of Regulation (EC) no

1071/2009, if there are special reasons. Such conditions may

be decided both when permission is granted later

during the authorisation period.



Commercial permit shall



section 8 A commercial permit is valid until further notice. If there is

specific reasons, authorization is limited to a certain period of time.



Special rule for passenger transport



§ 9 The authorised for carriage may also

deliver the goods with the vehicles the State intends, during the

condition that passenger transport is the principal

part of the transport activity.



Demands on the driver's permission in some cases



10 § Tractor train or heavy off-road vehicles, at the professional

freight transport be instituted only by the person who has a driver's license with

jurisdiction C or CE.



11 § a foreign driving licence does not confer the right to anyone other than

a national of a State within the European economic

area (EEA) to run a Swedish-registered

power-driven vehicles for hire or reward.



For international transport within the EEA, there are special

provisions of regulations (EC) no 1072/2009 and Regulation (EC) no

1073/2009.



Chapter 3. International road transport



Introductory provision



1 § With international road transport referred to in this law

professional carriage of passengers or goods to

or from Sweden or transit through Sweden.



For international transport within the European economic

area (EEA), there are specific provisions in

Regulations (EC) no 1072/2009 and Regulation (EC) No 1073/2009.



Obtain a permit for transport by vehicles registered

in Sweden



section 2 of the international road transport and commercial traffic except

country with vehicles registered in Sweden may be carried out

only by those who have permission to carry out a professional traffic

According to this law.



section 3 due to an agreement between Sweden and another

State, at a service referred to in section 2 may be required especially

permits for the carriage of passengers or goods with a vehicle

registered in Sweden (transport permit).



Obtain a permit for transport by vehicles registered

in the rest of the world



paragraph 4 of the international road transport and other professional

traffic in Sweden with vehicles registered in foreign countries,

be carried out only by the person who has been given permission by an authorized

foreign authority to such shipments.



§ 5 due to an agreement between Sweden and another

State, at a service referred to in paragraph 4 in addition to permits

According to that provision required special permission of a

the competent foreign authority for the transport of persons or

goods with a vehicle registered in foreign countries.



At a service referred to in paragraph 4, with vehicles registered in one State

with which Sweden has no agreement on

road transport is required in addition to the permission under the provision

authorisation by the competent Swedish authority.



Application review



section 6 of the Transport authorisation may only be communicated to the

expected to comply with the rules applicable to traffic.



7 § When a transport authorization, it must be reconciled with the

conditions as needed.



section 8 A transport licence shall not be transferable without the consent

by the authority which issued it.



Chapter 4. Declaration of unfitness, withdrawal and supervision



Declaration of unfitness



§ 1 where an authorization to carry commercial traffic be revoked

According to article 13 of Regulation (EC) no 1071/2009 due to

to someone who has been tested in accordance with Chapter 2. second subparagraph of paragraph 2, or

section 3, no longer meets the requirement of good repute in accordance with Chapter 2.

paragraph 4, the competent authority shall declare it tried

inappropriate to carry commercial traffic.



Restoration of good repute



section 2 of the a time of not less than three and not more than five years, during which the

considered to be unfit to carry commercial traffic,

be determined



1. in the case of a declaration of unfitness of the Transport Manager pursuant to

Article 14 of Regulation (EC) no 1071/2009, unless the

Transport Manager has been required to pass a written

examination in accordance with paragraph 3, or



2. in the case of a declaration under paragraph 1 of unfitness.



3 § If a declaration of unfitness of the Transport Manager pursuant to


Article 14 of Regulation (EC) no 1071/2009 is due

lack of knowledge in one or more of the substances listed in

Annex I, section I of the regulation, the competent

authority, rather than to decide a appropriate time

According to 2 § 1, require the Transport Manager to take a

written examination referred to in article 8(1) of the regulation

or parts of such a test.



Deadlines



section 4 of the time-limits for suspension or withdrawal

of a permit to operate commercial traffic in article 13 (1)

(a) of Regulation (EC) no 1071/2009 shall apply mutatis

When someone who has been tested in accordance with Chapter 2. 2 section

no longer meets the requirement of good repute.



Revocation of the authorization to carry commercial traffic on

Licensee's request



§ 5 An authorization to carry out a professional traffic

withdrawn at the licensee's request for

transport operations have not been carried out or ends.



Withdrawal of authorisations



6 § When a condition to carry commercial traffic

withdrawn or suspended in accordance with article 13 of

Regulation (EC) no 1071/2009, the competent authority shall also

revoke or suspend the licensee's

transport permits.



The provisions on revocation and suspension of the

permit to carry commercial traffic in article 13 of

Regulation (EC) no 1071/2009 and the provisions of paragraphs 1 to 5 shall

apply also in the case of transport permits.



Common provisions



section 7 of the basis for suspension or withdrawal of the

a permit to operate commercial traffic due to

criminal offence, on the question of breach

added



1. a final judgment,



2. a qualifying penalty order,



3. an approved procedure of summary penal fee, or



4. a decision on prosecution failure according to Chapter 20. 7 §

the code of judicial procedure, or the corresponding provision in the other

Constitution.



section 8 With a Swedish verdict assimilates a criminal conviction or a

other equivalent judgment given by a foreign

Court or other foreign authority.



§ 9 the action applies to be served



1. a notification under article 13(1) of Regulation (EC) no

1071/2009 that an undertaking runs the risk of no longer meet

requirements for conducting professional traffic,



2. a decision regarding suspension or revocation of the

a permit to hire or reward under article 13

of Regulation (EC) no 1071/2009,



3. a decision regarding suspension or revocation of the

a transport permit, or



4. a decision on the appropriate declaration under article 14 of the

Regulation (EC) no 1071/2009 or § 1.



Supervision



section 10 of the authority the Government supervising

that licence holders operates in accordance with

This Act and the regulations that have been issued in connection with

the law.



section 11 of the Regulations on the supervision of the disabled by

public transport can be found in the law (1979:558) about handicapped accessible

public transport.



Chapter 5. Penalty provisions, prevention of continued and

Counsel in pre-trial investigation



Illegal commercial traffic



§ 1 The who willfully engages in commercial traffic in accordance with

Regulation (EC) no 1071/2009 or this Act without permission

sentenced for illegal commercial traffic to a fine or imprisonment

a maximum of one year.



A licensee who willfully or negligently violates

against the conditions in the permit shall be liable to a fine.



Client responsibility



2 § has commercial traffic in accordance with Regulation (EC) no 1071/2009

or this Act conducted without the permission, the person who

Professional of own or third parties have signed an agreement on

transport by the railway undertaking to the fine or imprisonment

a maximum of one year, if he or she knew or had reasonable

reason to believe that the condition was lacking.



Violation of the rules on driving privileges in certain

case



section 3 of The who willfully violates the provisions of Chapter 2. 10

or section 11, first paragraph, shall be liable to a fine.



section 4 of the cases referred to in Chapter 2. 10 or 11 of the first

subparagraph intentionally or negligently transmit to or on

otherwise permitting someone else to drive vehicles without him

entitled to it shall be liable to a fine.



Prevention of continued flight



§ 5 If a vehicle is performed in breach of Regulation (EC) no

1071/2009, this Act or a regulation, or a condition that

has been granted on the basis of the law, a police officer or

Customs officer prevent continued the process. The police officer or

the customs officer may then allow the vehicles with which

transport to the nearest suitable set-up-

or unloading site or workshop. In the case of a vehicle

registered in foreign countries and imported into Sweden,

the police officer or customs official to admit it immediately

being taken out of the country.



Counsel in pre-trial investigation



In paragraph 6 of the preliminary investigation concerning offences under section 1,

prosecutors request the assistance of the customs service and provide a customs officer

commissioned to carry out a certain action during

the preliminary investigation, if it is appropriate to

the case may be. The police authority has the corresponding right then

the results of the investigation.



If there is reason to believe that the crimes referred to in the first

the paragraph has been perpetrated, a customs official has the same power

as a police officer to hold hearings and take any other action

According to Chapter 23. the third subparagraph of paragraph 3 of the code of judicial procedure.

Law (2014:748).



Chapter 6. Appeals and enforcement



Commercial traffic



Article 1 of the decision of the competent authority in questions of professional

traffic may be appealed to the administrative court.



paragraph 2 of the Decision in the case of written examinations referred to in

Article 8(1) of Regulation (EC) no 1071/2009 may not

subject to appeal.



Transport permits



paragraph 3 of the decision of the competent authority in matters of

transport licences and permits under Chapter 3. paragraph 5 of the second

paragraph may be appealed to the administrative court.



Common provisions



section 4 in respect of the decision of the competent authority in accordance with

Regulation (EC) no 1071/2009, this law or regulations

in connection with the Act, which may be appealed to the

General administrative courts, the following applies.



A decision concerning a natural person may be appealed to the

administrative law in whose area of jurisdiction the person is registered

or, if he is not registered in Sweden, to the

administrative law in whose area of jurisdiction the person is staying.



A decision concerning a legal person, which means even

legal persons governed by public law which the State, a municipality,

an Association of local authorities or Governments, may be appealed to the

administrative law in whose area of jurisdiction the company's or

business management is available.



Decisions in cases other than those mentioned in the second and third subparagraphs

be appealed to the administrative law in whose area of jurisdiction

the decision.



§ 5 permission is required for an appeal to the administrative law.



section 6, the competent authority may bring an action even in favor

for the individual contractor.



Enforcement



paragraph 7 of the decision of the competent authority under Regulation (EC) no



1071/2009, this Act or the regulations in

connection to the law and the Government's decision under this Act

to take effect immediately, unless otherwise decreed.



Chapter 7. Appropriations



section 1 of the Government or the authority, as the Government determines

may provide for or in individual cases, allow

derogation from Regulation (EC) no 1071/2009 or this law.

An exemption decision may be subject to conditions.



section 2 of the Government or the authority, as the Government determines

may announce further provisions concerning



1. requirements for conducting professional traffic,



2. authorisations to carry commercial traffic,



3. transport managers,



4. samples in proficiency for permission to carry out a professional

traffic,



5. control of commercial traffic, and



6. international road transport.



section 3 of the Government or the authority, as the Government determines

may provide for



1. the knowledge requirements for vehicle crews in road transport,

and



2. fees for supervision and case management under

Regulation (EC) no 1071/2009, this law and in accordance with

regulations that have been issued in connection with the Act.



The Government may provide for penalties and fines

According to the rules on cabotage in Regulation (EC) no

1072/2009. Law (2014: a 1395).

§§

Transitional provisions



2012:210



1. this law shall enter into force on 1 June 2013 in terms of Chapter 2.

section 10 and in General on June 1, 2012.



2. Commercial Law (1998:490) shall cease to apply on 1

June 2012.



3. For requirements for driving privileges in some cases Chapter 3. 10 §

in the repealed Act until 31 May 2013.



4. Permit to regular services, the ordering service with

bus or freight delivered according to older

rules still apply.



5. If an authorisation has been granted in accordance with the elderly

provisions have been limited to apply only under certain

time, it must still apply. Also other conditions

United with and limits of such authorisation shall

still apply.



6. Regulations on other commercial traffic than taxi traffic

has been granted on the basis of commercial law (1998:490) and that

applies when this law enters into force shall be considered to be announced under

This law.



7. If the law refers to a

Regulation of commercial law (1998:490) which has been replaced by

a provision in the Regulation (EC) no 1071/2009 or this Act;

Instead the new regulation.