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Regulation (1998:786) On International Road Transport In The European Economic Area (Eea)

Original Language Title: Förordning (1998:786) om internationella vägtransporter inom Europeiska ekonomiska samarbetsområdet (EES)

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section 1 of this regulation regulates certain conditions in connection

to



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

of 21 October 2009 establishing common rules for access to

the international market for the carriage of goods by road,



2. 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,



3. Commission Regulation (EC) no 3298/94 of 21 december

1994 on the further procedure in the system with

rights of transit (ecopoints) for heavy truck

through Austria, established by article 11 of Protocol No 9

to the Act of accession of Norway, Austria, Finland and

Sweden, and



4. Council decision 2002/917/EC of 3 October 2002 on the

the conclusion of the Interbus Agreement on occasional

international carriage of passengers by coach and bus.

Regulation (2011:1093).



Competent authority



section 2 of the Swedish Transport Agency is the competent authority in accordance with the

acts referred to in paragraph 1. Regulation (2009:1365).



Exception



2 a of persons domiciled in Sweden, Denmark, Finland or

Norway may perform such occasional passenger services referred to in

Article 2(4) of Regulation (EC) No 1073/2009 among these countries

without such a control document referred to in article 12 of the same

Regulation. Regulation (2011:1093).



Controls



section 3 with the authorised inspecting officer in accordance with articles 4.3 other

sentence, 17 and 19 of Regulation (EC) No 1073/2009 in the wording

According to Council Regulation (EC) No 517/2013 and under the

articles 4(6) and (6) of Regulation (EC) no 1072/2009 in

the wording according to Council Regulation (EC) No 517/2013 referred to

police officer and bilinspektör. In terms of obtaining information in the

Community authorisation or of a driver attestation at Coast Guard

enforcement of the Act (2006:263) on the transport of dangerous

goods and the regulations issued under the law

followed as regards goods in the port lands which is intended

for transport purposes, authorized inspecting officer under the

articles 4(6) and (6) of Regulation (EC) no 1072/2009

Coast Guard official. With the authorised inspecting officer

According to the agreement attached to Council decision no

2002/917/EC refers to the policeman and bilinspektör.

Regulation (2015:75).



3 a of the evidence provided for in article 8(3) of

Regulation (EC) no 1072/2009, in wording, in accordance with Council

Regulation (EC) No 517/2013 by May 13, 2013, shall

control moment be presented at the request of a police officer

or customs officer. Regulation (2014:1063).



Driver attestation



paragraph 3 (b) by a request for the issue of driving permits in accordance with the

Article 5 of Regulation (EC) no 1072/2009 is a certified copy

of the driver's employment contract and any other information needed

to the application shall be submitted to the

The Swedish Transport Agency. Regulation (2014:1063).



paragraph 3 (c) the period of validity of a driver's licence referred to in article 5 of

Regulation (EC) no 1072/2009 may be fixed to the lower five

year, but not for longer than the employment lasts as

the contract of employment. Regulation (2014:1063).



Liability rules, etc.



section 4 of the fined person who willfully



1. operates without such



a) authorizations referred to in article 4 or 6 of Regulation (EC)

No 1073/2009, in wording in accordance with Council Regulation (EC) no

517/2013,



b) control document referred to in article 12 of the same

Regulation, if he or she is not exempt from the requirement

the control document referred to in paragraph 2 (a),



c) certificate referred to in article 5(5) of that regulation,



2. operates without any of the conditions referred to in

Article 3 of Regulation (EC) no 1072/2009, in wording as

Council Regulation (EC) No 517/2013,



3. carrying out cabotage operations in contravention of Regulation (EC) no

1073/2009, in wording in accordance with Council Regulation (EC) no

517/2013, or



4. perform the transport without authorisation referred to in

Article 15 of the agreement annexed to Council decision

917/2002/EC or in such a control document referred to in article

10 in the same agreement. Regulation (2014:1439).



§ 5 The monetary fine person who willfully or

negligence



1. the second sentence in breach of article 4(3) or article 19 of the

Regulation (EC) No 1073/2009,



2. the second sentence in breach of article 4(6) or article 5(6)

third sentence, of Regulation (EC) no 1072/2009,



3. breach of article 17(1) of Regulation (EC) No 1073/2009,

or



4. breach of article 18 or article 20 of the agreement

annexed to the Council decision 2002/917/EC. Regulation (2011:1093).



5 a of the penalty shall be imposed on the carrier

carrying out cabotage operations in violation of article 8 of regulation

(EC) no 1072/2009, in wording in accordance with Council Regulation (EU)

No 517/2013. Regulation (2014:1439).



section 6, if the service referred to in this regulation has been run without

condition or if the cabotage operations carried out in violation of the

Regulation (EC) no 1072/2009 or regulation (EC) no

1073/2009, sentenced the professional of their own or someone else's

Bill has concluded agreements on transport by the railway undertaking to

fine, if he or she knew or had reasonable cause

adopt



1. that condition were not available, or



2. the cabotage journey took place in breach of any of the

the aforementioned EU regulations. Regulation (2011:1093).



Prevention of continued flight



section 7 If a vehicle made in breach of the provisions referred to in

This regulation, a police officer or a customs officer prevent

continuing the process. The police officer or customs official may grant

that the vehicle is moved to the nearest appropriate installation or

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

registered in foreign countries and imported into Sweden,

the police officer or customs official to admit it immediately

being taken out of the country.



Fine, etc.



The review authority and the amount of the



7 a of the questions about the imposition of penalty under section 5 (a)

be examined by the Transport Agency.



The fine to the State.



Before the penalty will be incurred should the carrier be given

opportunity to be heard.



Penalty may be reduced or remitted if there is

special reasons. Regulation (2014:1439).



7 b of the penalty imposed under section 5 (a) in an amount

about 40 000 kroons. Regulation (2014:1439).



Advance



7 c § If a transportation company referred to in paragraph 5 shall be charged to the

fine, be a policeman or bilinspektör at

path control decide upfront for the fine.



The advance shall be paid to the police authority.

Regulation (2015:33).



section 7 d Of the advance referred to in paragraph 7 (c) is not paid

immediately in connection with control, the police officer or

bilinspektören decide that the vehicle or vehicle train not

may continue the journey. A police officer or bilinspektör,

refrain from making such a decision, if there is

serious reasons.



A decision as referred to in the first subparagraph until the advance

paid or, if the penalty imposed definitively without

the advance is paid, this fee has been paid.

Regulation (2015:33).



7 e § a police man or bilinspektörs decisions on advances for

penalty or if the vehicle or vehicle train not

may continue the journey shall promptly be made subject to

The Transportation Board's examination. Transportation Board shall

immediately examine whether the decision will stand.



If a decision on the vehicle or vehicle train may not be

proceed in accordance with paragraph 7 (d), should the matter if

penalty be dealt with without delay. Transport Agency

in the proceedings before



1. partially or completely put down an advance fixed

for the fee,



2. annul the decision in accordance with paragraph 7 (d), if there is

serious reasons.



Paragraphs 1 and 2 shall apply even when the Transportation Board final

try the imposition of the penalty. Regulation (2015:33).



7 f § if it does not accrue any penalty, or if

the fee is reduced or remitted to the excess

the amount of the paid advances under paragraph 7(c) shall be refunded.

Regulation (2014:1439).



Payment of fines



7 g § fines must be paid within thirty days of

the decision has become final or the longer time

as indicated in the decision.



Penalties and fines to be paid to the Transport Agency.

Regulation (2014:1439).



Enforcement



7 h section When a decision on a sanction has become final,

It may be enforced under the Enforcement Act.

Regulation (2014:1439).



7 paragraph penalty may be imposed only if the claim

directed to have been given an opportunity to comment within two years from

the preconditions to decide if the charge is

been met. Regulation (2014:1439).



7 j § penalty falls away, if the decision on the fee

has not been effected within five years from the decision won

the force of law. Regulation (2014:1439).



Appeal



section 8 of the 22 a of the Administrative Procedure Act (1986:223) contains provisions

If the appeal to the administrative court.



The following decisions may not be appealed:



1. a police man's decisions under 7 c and 7 d sections, and



2. The Transportation Board's decision under section 7 (e).

Regulation (2014:1439).



Appropriations



§ 9 Transport Board may provide for

the enforcement of this Regulation as regards transport

referred to in Regulation (EC) no 1072/2009, Regulation (EC) no

1073/2009 and Regulation (EC) no 3298/94.



The police authority may provide for the enforcement

of the provisions of this regulation relating to the advance payment of

penalties and fines. Before the police will notify such

regulations, the authority shall hear the Swedish Transport Agency.




The police may, in the case of police officers and customs service, in

question about customs officials, provide for

the enforcement of the provisions of this regulation concerning the

obstruction of continuing the process. Before such provisions

be notified to the authorities shall consult with each other.

Regulation (2014:1440).



Fees



section 10 Transportation Board may provide for fees

for the examination of an application under this regulation.

Regulation (2010:1593).



Transitional provisions



1998:786



1. This Regulation shall enter into force on 1 October 1998 when

Regulation (1995:525) if competent authorities, etc. in question

on international transport within the European Union shall

cease to apply.



2. The repealed Regulation shall continue to apply

on conditions relating to the period during which

the regulation has been in force.



3. If a case has not been concluded before the entry into force of a

authority, which according to the older rules is competent to deal

It shall be reviewed by the authority, even if this is not

qualified under the new regulation.



2014:1439



1. this Regulation shall enter into force on January 1, 2015.



2. Older regulations still apply to infringements

that occurred prior to the entry into force.