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Regulation (1993:185) On Working Conditions At Certain International Road Transport

Original Language Title: Förordning (1993:185) om arbetsförhållanden vid vissa internationella vägtransporter

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Provisions of the AETR should apply as Swedish law



Article 1 the following provisions of the European Agreement

on 1 July 1970 concerning the work of crews of vehicles engaged

at certain international road transport (AETR) shall apply as

Swedish regulation as in the English and French

original texts have since amended:



1. Articles 1 to 12 A.



2. The annex to the agreement.

Regulation (2013:11).



section 2 of the English and French texts shall be equally authentic.

Together with a Swedish translation is the English

the texts, and to change published by 1 June 2001,

even the French texts, published in Swedish

agreements with foreign powers and the Swedish

international agreements (Su 1973:53, 1983:58,

1992:40:11, 2012, 2012:12, 2012:13 and 2012:14).

Regulation (2013:11).



Scope of application



paragraph 3 of the AETR should apply to international road transport in

accordance with article 2 of the AETR, subject

Article 2 of European Parliament and Council Regulation (EC) no

561/2006 of 15 March 2006 on the harmonisation of certain

social legislation relating to road transport and amending

Council regulations (EEC) No 3821/85 and (EC) No 2135/98 and

repealing Council Regulation (EEC) No 3820/85.

Regulation (2013:11).



4 repealed by Regulation (2013:11).



section 5 was repealed by Regulation (2013:11).



Competent authorities



section 6 of the AETR with the competent authority as referred to in Sweden

The Swedish Transport Agency.



Approval of workshops according to article 9 (1) of the annex shall

be made through the accreditation of the European Parliament and of the

Council Regulation (EC) no 765/2008 of 9 July 2008 setting out the requirements

for accreditation and market surveillance relating to the

marketing of products and repealing Regulation (EEC) no

339/93 and the law (2011:791) on accreditation and technical

control. Swedish Board for accreditation and verification,

inform the Transport Board of the accreditations and

recalls of accreditations that ordered pursuant to this

provision. Regulation (2011:814).



Competence requirements



7 § except as provided in the Act on driving licences

(1998:488) and driving licence Ordinance (1998:980), the requirements of

professional competence in the second indent of article 5(1)(b) and

5.2 second subparagraph, point (c) of the AETR for Sweden's part have been met by

the program has been approved by a written examination for drivers of

vehicles intended for the carriage of goods or passengers by road

hosted by the



1. The transport administration, or



2. the upper secondary school and municipal adult education where

the pupil taught at a nationally determined course whose

content has been the subject of consultations in accordance with Chapter 8. 4 §

the regulation on driving licences.



Transportation Board shall issue the evidence of professional competence to

drivers that meet the requirement referred to in the first subparagraph.

Regulation (2012:111).



Recording equipment



section 8 of the vehicles used in international road transport

under this regulation, the equipment to be installed

and used in accordance with the requirements of article 10 of the AETR.

Regulation (2013:11).



§ 9 Transport Board may, in the case of vehicles which are

registered in a State which is not party to the AETR and that do not

either party to the agreement on the European economic

area, instead of the requirement of recording equipment, allow

the record sheets must be filled in by the driver during the journey

within Sweden. In such cases, the provisions of article

12.1, 12.3, 12.5 and 12.7 of the annex to the AETR in the applicable

parts. The consent may be subject to special conditions.

Regulation (2013:11).



Controls



section 10 of the Competent control authority in the case of controls on the way

is the police authority. Authorised inspecting officer is a

police officer or bilinspektör.



The competent control authority in the case of controls on corporate

premises is the Swedish Transport Agency. Authorised inspecting officer is

a specially appointed official of the Board of Directors.

Regulation (2014:1257).



section 11 of the vehicle Act (2002:574) contains provisions on the right

to check a vehicle's tachograph and on test run of

the vehicle for such control. Test drive may take place even if the

There are some obstacles to operate the vehicle according to this

Regulation, the Regulation (2004:865) on driving and rest times and on

recorders, etc., or highway code (1998:1276).

Regulation (2004:866).



11 (a) of article 12(1)(a) to (c) of the AETR provisions if

roadside checks, checks of company premises and extent

of such controls.



The Swedish Transport Agency is responsible for ensuring that there is a consistent

enforcement strategy for these controls.



A check of the premises may be replaced with a control

of the authority of the documents requested from the company.

Regulation (2013:11).



11 (b) of article 11 (2) (a) of the annex to the AETR exists

rules on how a company shall keep record sheets and

on-demand printing and show them up for a competent

control officer.



In article 11 (2) (b) of the annex to the AETR provisions if

how a company to copy and preserve data from

vehicle units and cards, as well as on request make the information

available to an authorised inspecting officer.



Such copying referred to in the second paragraph, in the case of

data from the vehicle drives take place within 90 days and for

data from driver card within 28 days from the date of

the registration of the assignment. Regulation (2013:11).



section 12 is repealed by Regulation (2013:11).



section 13 Has been repealed by Regulation (2004:866).



14 repealed by Regulation (2004:866).



15 repealed by Regulation (2004:866).



16 repealed by Regulation (2013:11).



Transfer of information



section 17 of the police authority shall, by 15 February of each year

Please provide information on the checks on the way to the Swedish Transport Agency.

Details shall be divided into the following categories:



1. Type of path, which can be Highway, highway, or other

Road, and the country that controlled the vehicle's

registered in.



2. Type of recording equipment, analog or digital.



The police authorities shall provide information on how many

tachograph checked at the roadside in

the previous year and the number of infringements

at 19, 19A and 20 sections and what these breaches consisted

i. Regulation (2014:1257).



17 a of the Revenue Commissioners shall, on the request of the Transport Agency leave

the information that the Board requires for its examination or

control. Regulation (2010:1617).



Surveys



section 18 For checks and inspections in accordance with section VI of the

in annex I, the following applies.



1. the certificate referred to in paragraph 1 may be issued by an approved

workshop or, in the case of a new device, by the manufacturer or

the representing him.



2. Inspections of the equipment fitted to vehicles as referred to in paragraph

3 (a) shall be carried out every two years by an approved workshop.



If the equipment has not undergone an inspection within

the time limit referred to in the first subparagraph of paragraph 2, the vehicle is operated only



1. for a trial run in immediately connected with the repair of

the recording equipment,



2. drive shortest appropriate way to an approved workshop for

repair or inspection, as well as



3. in the carriage where the recording equipment is not required.

Regulation (2004:866).



18 section Meets the equipment at inspection

the workshop shall replace the installation plaque. If the

There are flaws in the recording equipment shall

installation plaque is removed and not replaced with someone new.



If the equipment has deficiencies, the vehicle is operated

only when such shipments referred to in the second subparagraph of section 18.

Regulation (2004:866).



Penalties and fines



Penalty



section 19 of The monetary fines are sentenced the driver who intentionally or

negligently violates



1. Article 5 – 7, 8.1-8.6 (a), 8 (6) (b) or 9, second sentence

AETR,



2. Article 10, 11 (4) (a), third paragraph, 12.1 – 12.3, 12.5,

12.5 A, 12.7, second subparagraph, or 13.1 13.2 13.3

first to third paragraphs of the annex to the AETR,



3. paragraph 8 or 9 or against specific criteria that have been agreed

under section 9, or



4. prohibition to operate vehicles under section 18, second subparagraph, or

18 a of the second paragraph.



In section 22 provides that the penalty shall be charged

for certain offences committed outside Sweden.

Regulation (2013:11).



19 a of the fined person who willfully obstructs or

hinders an inspection pursuant to this regulation.

Regulation (2004:866).



19 (b) repealed by Regulation (2013:11).



section 20 of The monetary fine person who wrongfully, intentionally

Removes seals of recording equipment pursuant to paragraph

V. B in under annex 1 to the AETR. Regulation (2010:1617).



Penalties and fines



paragraph 21 of the penalty to be taken out of



1. an employer who contravenes section 11(1) or 13 (1)

the first paragraph of the annex to the AETR, and



2. an undertaking infringes Article 11.1-11.3 and 11.5

in the AETR, article 11 (2) of the annex to the AETR or 11 b of the third

paragraph.



Penalty according to article 11 (2) of the annex to the AETR, 11 (b) §

the third paragraph and section 3 of the annex to this

Regulation should be imposed only if the control is not

a portion of the requested information in such a degree, or if

the data have been so flawed that a

corporate control has not been implemented. In the case of the

total fee for the breach to 25 paragraph 2, third subparagraph shall apply mutatis

way. Regulation (2013:11).



section 22 of the cases referred to in paragraphs 19 and 22 to a penalty

charged by the employer if he not done what has

arrived on him or her in order to prevent the infringement.




It is stated in the first paragraph if the employer should instead

apply to other traders if the violation occurred in his

transport activity. Regulation (2013:11).



22 a of If the infringement was committed outside Sweden and

infringement detected in Sweden to sanctioning fee is charged

by a driver who has violated



1. articles 5, 6, 7, 8.1-8.6 (a), 8 (6) (b) or 9, second sentence

AETR,



2. Article 10, 11 (4) (a), third paragraph, 12.1 – 12.3, 12.5, 12.5 A,

12.7, 13 (1), second subparagraph, 13.2 or 13.3 first to third

paragraphs of the annex to the AETR,



3. section 8 or 9, or to such specific terms

ordered pursuant to § 9, or



4. section 20.



Penalty provided for in the first subparagraph shall not be charged if a

penalty previously ordered for infringement.

Regulation (2013:11).



section 23 of the charges shall be wholly or partly exonerated a defendant from

penalty if it would be unfair to charge fees

with the full amount. In considering this question, it

Special consideration shall be



1. If the violation has been due to disease that led to the

charging the culprit not been able to do it as

for him or her, nor been able to instruct

someone else to do it,



2. If the infringement is otherwise due to a circumstance that the

fee obligation could neither foresee or deleted and not

also been able to influence, or



3. what the tariff obligation made to avoid a

infringement would occur. Regulation (2010:1617).



section 24 questions about the imposition of penalty assessed by

The Swedish Transport Agency.



The fine to the State.



Before the imposition of any penalty, he shall be given an opportunity to

comment Regulation (2010:1617).



section 25 of the penalty for offences under sections 21 and 22 (a),

charged with the amounts indicated in the annex to this

Regulation.



If the penalty is imposed jointly for multiple violations

gets the total amount may not exceed



1. ten thousand crowns for a driver, and



2. two hundred thousand crowns for a trader or

employer.



Penalty in accordance with the second subparagraph 2 shall not exceed ten

per cent of trader's or employer's

annual turnover. Annual turnover must relate to sales almost

the previous fiscal year. If the infringement has taken place in the

first year of operation, or if the information on the annual turnover

otherwise, it is missing or is inadequate, the annual turnover

estimated. Regulation (2013:11).



25 a section About penalty under section 22 shall be taken out of any

who is not domiciled in Sweden, a police officer or

bilinspektör road inspector may decide to fine

must be paid in advance. The advance shall be paid to the

The police authority. Regulation (2015:32).



section 25 b Of the advances referred to in section 25 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 (2015:32).



25 c § fine may, where appropriate, not charged

with a higher amount than the amount of the advance. Regulation (2013:11).



25 d § a police man or bilinspektörs decisions to

the fine must be paid in advance or if that

the vehicle or vehicle train journey must not continue to be

urgently submitted to the Transportation Board's examination.

Transportation Board shall immediately ascertain whether the decision should

persist.



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

proceed under section 25 (b), be the case if

penalty be dealt with without delay. Transport Agency

in the proceedings, decide to



1. partially or completely put down an advance fixed

for the fee,



2. annul the decision under section 25 (b), if there is

serious reasons.



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

try the imposition of the penalty. Regulation (2015:32).



25 § If any penalty not be imposed, or if

the fee is reduced or waived, the excess

the amount will be refunded. Regulation (2013:11).



section 26 of the fines must be paid within thirty days of the

that decision has become final or the longer time

specified in the decision.



Penalties and fines to be paid to the Transport Agency.

Regulation (2010:1617).



27 § When a decision on a sanction has become final,

It may be enforced under the Enforcement Act.

Regulation (2010:1617).



section 28 of the penalty may be imposed only if the claim

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

the conditions have been met to decide on charges.

Regulation (2010:1617).



section 29 The 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 (2010:1617).



section 30 of the liability under this regulation ensues, the penalty

can be sentenced under the criminal code or under the Act (1951:649)

If the penalties for certain traffic offences or if the penalty may

be imposed under the regulation. Regulation (2010:1617).



Notifications



section 31, A copy of the judgment or final decision in a case about responsibility

or the imposition of penalty pursuant to this Regulation shall

by the Court shall be sent to the Swedish Transport Agency.

Regulation (2010:1617).



Prevention of continued flight



32 § a police officer to prevent the continued flight with a vehicles

takes place in contravention of this regulation or any provision

granted on the basis of the regulation, if the continued

the trip would cause a palpable danger to road safety

or otherwise constitute a significant inconvenience. Until the

the cause of the infringement has been remedied to a police officer

Furthermore, prevent the continued process of a vehicle in cases where the AETR has

been breached in a way that obviously can be a threat to

traffic safety. Regulation (2013:11).



Appeals



section 33 in 22 a of the Administrative Procedure Act (1986:223) contains provisions

If an appeal to the administrative court.



The following decisions may not be appealed:



1. decisions on written examination under section 7,



2. a police man's decision under (a) and (b) 25 25 sections, and



3. The Transportation Board's decision under section 25 d.

Regulation (2013:11).



Appropriations



section 34 the Transport Board may provide for



1. the enforcement of this regulation, and



2. fees for the inspection of business premises and for

case management under this regulation and under

regulations issued pursuant to the regulation.



Regulations on control must be notified after

Police authorities have been consulted. Regulation (2014:1257).



Transitional provisions



1993:185



1. this Regulation shall enter into force on the day on which the Government determines.

(In force on 1 January 1994, 1993:1646).



2. The regulation repeals Regulation (1975:883) if

working conditions at certain international road transport.



3. the provisions of article 12 if personal check book and article

12 (a) on the control device at the AETR in its version prior to 24 april

in 1992, in the case of such in the agreement intended

international road transport carried out within the country or

road transport outside the country with a vehicle registered in Sweden

and covered by the Regulation (1993:184) on driving and rest times

as well as recording equipment in road transport applies for one year from

the entry into force of this regulation and in respect of other

international road transport in accordance with section 3, 1 to april 24, 1995.



2010:1617



1. This Regulation shall enter into force on 1 January 2011.



2. Older rules still apply for infringements

taken place before 1 January 2011.



2012:111



This Regulation shall enter into force on 1 July 2012. Older

regulations, however, still of such samples that have

organised by an independent secondary school.



2013:11



1. this Regulation shall enter into force on 1 January 2013.



2. Older regulations still apply to infringements

that took place before 1 January 2013.



/Bilagan is not included here. The annex as last amended by regulation

(2013:11)./