Law (2010:1065) If Public Transport

Original Language Title: Lag (2010:1065) om kollektivtrafik

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2010:1065

Chapter 1. General provisions



The law's scope of application, etc.



section 1 of this Act contains provisions on the



1. responsible for regional public transport and the organisation of

regional public transport authorities,



2. functions and powers of the competent

authorities pursuant to European Parliament and Council regulation

(EC) No 1370/2007 of 23 October 2007 on public passenger transport services by

rail and by road and repealing Council regulations (EEC)

No 1191/69 and (EEC) No 1107/70 (EU

public transport regulation) and



3. General requirements of the public transport companies,



everything in terms of traffic on road, rail, water, railway rolling stock and

Metro. Law (2012:437).



1 a § in the case of public transport on water is also the EU's

public transport regulation. Law (2012:437).



section 2 of the EU's public transport regulation provides for

ability of competent authorities to take measures to

meet the need of public transport in a way that is

compatible with European Union rules on State

aid.



2 a of the Council Regulation (EEC) No 3577/92 of 7 december 1992

If the application of the principle of freedom to provide

services to maritime transport within Member States

(cabotage) contains provisions on access to the market on

maritime transport and on the possibility for Member States to

imposition of public service obligations and contracts

General traffic concerning certain maritime transport services.

Law (2012:437).



section 3 of the Act (2007:1091) on the award of public contracts and the law

(2007:1092) on procurement in the water, energy,

transport and postal services, provisions which are

applicable to the procurement of public transport services in certain

case.



4 of the Act (1979:558) on accessible public transport

There are rules on how public transport should be adapted to

account of travellers with disabilities.



Definitions



paragraph 5 of this law with public service obligations, public

traffic, all rights reserved, public transport and public transport companies

same as in EU public transport regulation.



section 6, for the purposes of this law the regional public transport: such

public transport as



1. takes place within a province or,



2. If it spans multiple counties, with respect to

no misunderstanding between us is mainly intended to meet the

passenger needs of commuting or other

everyday travelling and taking into account their actual

use cater to such needs.



Chapter 2. Regional public transport



Responsibility within a province



section 1 of the County and the municipalities within a county is responsible

a common feature of the regional public transport, unless otherwise

follows from the second or third paragraph. The County Council and the

municipalities may, however, agree that either the County Council

or the municipalities to bear the responsibility.



The County Council of Stockholm County alone is responsible for the

regional public transport, unless the County Council and the

the municipalities agree to jointly responsible for this

traffic or that only municipalities to bear the responsibility.



In the Gotland county municipality is responsible for the regional

public transport.



Those who are responsible for public transport in accordance with

first to third subparagraphs is also responsible for passenger transport

under the Act (1997:736) of transportation service or Act (1997:735)

If equal service in those communities that have transferred their

tasks under any of these laws to the regional

public transport authority referred to in paragraph 2.



1 a section Of the County and the municipalities in the same County have come

agreed that the County Council alone should bear responsibility for the

regional public transport, the municipalities provide financial

contributions to each other, if necessary for the cost equalization

between the municipalities. Such contributions may be submitted at the next door

end of the fifth year from the date that the responsibility was transferred.

Law (2011:1098).



paragraph 1 (b) If a County alone shall be responsible for the regional

public transport in the County, a municipality in the county meet

agreement with the County Council of cost responsibility for regional

public transport that is of better quality and cheaper for

travellers than what the County would otherwise provide.

Law (2012:437).



Regional public transportation authority



section 2 of each County, there shall be a regional

public transport authority.



In the county where the municipalities and County Council jointly carry

the responsibility for the regional public transport, the

regional public transportation authority is organized as a

Association of local authorities. The same is true in the County in which the municipalities

alone bears the responsibility for the regional public transportation.



In the cases referred to in the second subparagraph, those responsible for the

regional public transport in the County agree to

organize the regional public transportation authority as a

Joint Committee rather than as an Association of local authorities.



In the county where the County Council alone bears responsibility for the

regional public transport is the County regional

public transport authority.



In the Gotland County is the municipality of regional public transportation authority.



section 3 of the terms of the Joint Committee shall be laid down in

Local Government Act (1991:900). The same applies in the case of

Association of local authorities, subject to the provisions of sections 4 to 7.



4 section If consensus cannot be achieved if federal arrangements for

Association of local authorities referred to in paragraph 2 or amending

Federal policy or about who should be President of

the Federation's deliberative assembly or Board, decides

the Government on these issues. In case of disagreement in the respects as

specified in section 5 or 6, however, what is being said there, if not

subject to section 7.



§ 5 If consensus cannot be reached on the number of

members and alternates in a municipal Federal decision-making

Assembly shall be allocated between the County and the municipalities of

the County, the County Council appoint half and municipalities

along half. The number of members and deputies

each municipality shall designate is determined by the County Board in relation

to the population in the municipalities at the beginning of the year when choice

by the Federal Council are held. Each municipality shall designate

at least one Member and one Deputy member.



section 6, If no agreement is reached in the case of way to distribute

deficits in federal activities between the members of a

Association of local authorities, the County Council cover half of

the deficit and the municipalities in the County along with the rest. Each

municipality's obligation to provide funds to be determined in

relative to the road work that has been done in

the municipality during the fiscal year.



section 7 where there are serious reasons, may the Government inform

regulations or in the particular case may decide to derogate from 5

or section 6. The Government may notify such provisions

and take such a decision after production of a

County Councils, a municipality that is not part of a county or

at least one third of the municipalities in a particular County belonging to

a County Council, if they are responsible for public transport in accordance with 1

§. Exemption decision may be subject to special conditions.



The regional transport programmes



The regional public transportation authority's responsibility



section 8 of the regional public transportation authority shall regularly

in a regional transport programmes setting objectives for the

regional public transport. The programme shall, if necessary,

updated.



Consultation



§ 9 the regional regional transport programme shall be established

after consultation with the corresponding authorities in the neighboring County.



Consultations should also take place with other relevant authorities,

organisations, public transport operators and representatives of the

business and leisure travelers. In the case of a County Council alone is

regional public transportation authority, consultations also take place with

the municipalities in the County.



More about the contents of regional the regional transport programmes



section 10 a regional the regional transport programmes shall contain a

accounting of



1. the need for regional public transport in the County, as well as targets for

public transport supply,



2. all forms of regional public transport in the County, both

traffic that could be carried out on a commercial basis and

traffic authority intends to provide on the basis of

public service obligations,



3. measures to protect the environment,



4. time-bound targets and measures for the adaptation of

public transport taking into account the needs of persons with

disabilities,



5. the exchange points and lines that should be fully accessible

for all travelers, as well as



6. the scope of services pursuant to lagen (1997:736) if

transportation service and Act (1997:735) if equal service and

the basics of pricing for travel with such traffic, in

so far as the information under these laws have been transferred to the

regional public transportation authority.



A municipality's information in some cases



section 11 of Every municipality shall regularly in a

the regional transport programmes indicate the extent of traffic according to

Act (1997:736) about transportation service and Act (1997:735) if

equal service and pricing for travel with

such traffic, to the extent that the municipality does not have transferred their

information under these laws to the regional

public transport authority.



The municipality shall adopt the program after consulting with the regional

the public transport authority and, where appropriate,

the County Council.



Other tasks for the regional public transportation authority



section 12 of the agreement of the county or municipality

the County, the regional public transportation authority award

personal transport and coordination services for such

transport purposes the municipalities or the County Council will

meet and coordinate such transport services.



paragraph 13 of the regional public transportation authority will work for

to the regional public transport is available to all

resenärsgrupper.



section 14 of the regional public transportation authority will work for


a satisfactory taxi supply in the County.



Authorization



section 15 of the Government, after the production of a regional

public transport authority, a county or a municipality

provide for cooperation in the field of traffic between

regional public transport authorities in the various counties.



Chapter 3. Powers of the competent authorities in accordance with the EU

public transport regulation



Decision on public service obligations



section 1 of the regional public transportation authority is the competent local

authority according to the EU's public transport regulation and taking

decision on a public service obligation within the County.



A regional public transportation authority may also, after

agreement with one or more other such authorities,

make decisions about public service obligations in the authorities '

common area.



A decision under this section may only refer to regional

public transport.



The handing over of powers



section 2 of the regional public transportation authority, by decision of the

the Assembly shall submit the power to enter into

public service contracts to a joint stock company. If the regional

public transport authority is a joint Board, submitted

the power after concurring decisions of Councils in each

and one of the municipalities and, if necessary, the landsting

that work together in the Committee.



The authority may in the same order provided for in the first

the paragraph also surrender their power to conclude agreements on

public service to a municipality within the prefecture in terms of

public transport is conducted within this municipality's area,

including traffic along any outgoing lines

extends into adjacent municipalities.



A regional public transportation authority who surrender their

the authority referred to in the first subparagraph may, in the same order even

surrender their authority to procure and coordinate

services according to Chapter 2. section 12 of the limited liability company.



Public service contracts



section 3 of The public service contract entered into by a regional

public transport authority, or by the power

submitted pursuant to paragraph 2 shall be based on a decision of the General

service obligation pursuant to paragraph 1. Such an agreement may not be concluded for

a new term without a new decision of the General

service obligations taken.



3 a of the regional public transportation authority, or to

the Authority submitted pursuant to section 2, may provide compensation

for public transport that extends into an adjacent

country, if the traffic covered by a public service obligation.



The remuneration referred to in the first subparagraph may be provided only to such

public transport which is suitable to accommodate passengers '

need for commuting or other everyday travelling and that

actually also caters to this need. Law (2012:437).



Prohibition of exclusivity



section 4 of the exclusive right shall not be granted in return for

performance of public service obligations.



Chapter 4. Requirements for public transport companies and others.



Notification obligation



section 1 of The public transport companies which intend to

commercial basis carry out public transport shall notify

to the regional public transportation authority. The same

applies where a public transport company intends to cease

to conduct such operations.



If the notification concerns traffic in more than one County, the receiving

public transport authority will inform the other concerned

authorities.



Common system for passenger information



section 2 of The public service operator shall provide information on its

offer to the common system of

passenger information.



Follow-up and evaluation



section 3 of The public service operator, a competent authority in accordance with

The EU's public transport regulation and to the power

submitted pursuant to Chapter 3. section 2, to the authority

the Government shall provide the information required for

evaluation and monitoring of the development of the market for

public transport. Law (2012:437).



Authorization, etc.



section 4 of the Government or the authority, as the Government determines

may provide for



1. the obligation to provide information under section 2 and



2. the obligation referred to in paragraph 3.



The Government or the authority, as the Government determines

Announces rules on notification according to § 1.



The Government or the authority that the Government may

provide and in individual cases to decide on exceptions

from the obligation laid down in paragraph 1, 2 or 3. Law (2012:437).



section 5 of the Government or the authority, as the Government determines

may provide for fees for supervision and

case management under this law and pursuant to the provisions

delivered with the support of the law. Law (2012:437).



Chapter 5. Supervision



section 1 of The Government authority determines

(supervisory authority) shall supervise the observance of the

This law and the regulations issued on the basis of

the law.



section 2 of the regulatory authority has the right to competent authorities

According to the EU's public transport regulation, thereof the

the Authority submitted pursuant to Chapter 3. 2 § and of

public transport operators on request such information and

take note of the documents needed for supervision.



Injunctions and prohibitions



section 3 of the regulatory authority may inform the injunctions and

ban needed to this law and regulations

announced by virtue of the law shall be complied with.



A decision on the injunction or prohibition may be subject to a penalty.



Chapter 6. Appeal



section 1 of the regional public transportation authority shall notify the decision

If the public service obligation in accordance with paragraph 49 1 and others

subparagraph, procedural law (2010:1932). Law (2010:1985).



section 2 of the regional public transport authority's decision on the

public service obligations may be appealed to the General

Administrative Court of that on a commercial basis

provides or intends to provide

public passenger transport services covered by public service obligations.



section 3 of the regulatory authority's decision in the individual case in accordance with this

law may be appealed to the administrative court.



4 § leave to appeal is required for an appeal to

the administrative court.



paragraph 5 of the decision referred to in this law applies immediately, if not

otherwise specified in the decision.



Transitional provisions



2010:1065



1. this law shall enter into force on 1 January 2012.



2. by law repeals Act (1997:734) om responsibility for certain

public passenger traffic.



3. The regional transport programmes described in Chapter 2. 8 and 11 sections

shall be established at the latest by 1 January 2012.



4. A public service contract, notwithstanding

Chapter 3. paragraph 3 is concluded without relying on a decision of the General

service obligations, if the award decision has been taken before 1

July 2012 and procurement initiated before the Act came into

force.



2012:437



1. this law shall enter into force on 1 August 2012.



2. The regional transport programmes described in Chapter 2. 8 and 11 sections,

supplemented in the case of public transport on water by 1

August 2013.



3. A public service contract relating to the public

water, notwithstanding Chapter 3. paragraph 3 is concluded without

based on a decision of a public service obligation, if

the award decision has been taken before 1 January 2013 and

the contract started before 1 August 2012.



4. The requirement of article 7 (2) of the EU regulation on public passenger transport services to

each competent authority shall have published some information in

Official Journal of the European Union at the latest one year before the

free tender procedure is initiated and before a contract

logical unit, does not apply in the case of public service contracts

on the water on the free tendering procedure and

a contract awarded directly before 1 August 2010.