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Regulation (2016:723) On Certain Identity Checks At Serious Risk To Public Order Or Internal Security Of The Country

Original Language Title: Förordning (2016:723) om vissa identitetskontroller vid allvarlig fara för den allmänna ordningen eller den inre säkerheten i landet

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/Comes into force: 2016-07-04/

Contents of the regulation



Article 1 this regulation lays down certain identity checks to be performed at serious risk to public order or internal security of the country, for the purpose of maintaining law and order and safeguarding national security.



Regulation is notified pursuant to §§ 3 and 4 teams (2015:1073) laying down special measures in grave danger for public order or internal security of the country.



Expression of the regulation



paragraph 2 of this regulation,



1. bus: same as in section 2 of the Act (2001:559) on road traffic definitions,



2. passenger ships: same as in Chapter 1. paragraph 3 of the ship safety Act (2003:364), and



3. "carrier" means the person who actually performs the carriage of passengers by bus, train or ferry, regardless of whether he has concluded the contract of carriage with the passenger or not.



Carriers ' obligation



section 3 a carrier shall ensure that the passenger carrier by bus or train transport to Sweden from Denmark in possession of a valid identity document with photograph. The requirement to hold a valid identity document with photograph does not apply to persons under 18 years of age who are travelling in the company of a parent who can produce a valid identity document with photograph.



The first paragraph also applies to transport with ferries carrying out trips that is 20 nautical miles or shorter.



Control of the carrier's obligation



section 4 of the police authority to check that the carrier has fulfilled its duty under section 3. Customs Service and the coast guard shall, if requested, to assist the police authorities in such control.



The police, the customs service and the Coast Guard must inform the Transport Board of violations of section 3 which they discover in the context of the controls provided for in the first subparagraph.



Sanction 5 § A penalty fee will be charged by the carrier if a check as provided for in section 4 cannot demonstrate that it has complied with its obligations under section 3.



section 6 of the Sanctioning fee is 50 000 kroons per occasion.



section 7 of the Swedish Transport Agency hears questions about the sanction provided for in this regulation.



A fee may be imposed on those who claim to have been given the opportunity to submit their comments within two years of the date on which the conditions referred to in paragraph 5 of that charge a fee are met.



Transportation the Governing Board may decide to reduce or refrain from charging a penalty fee if there are special reasons for it.



section 8 Penalty fee accrue to the State.



9 § A penalty fee to be paid to the Swedish Transport Agency within thirty days from the date of the decision to withdraw the charge have been given the force of law, or within the extended period of time as specified in the decision.



If the penalty fee is not paid within the time limit referred to in the first subparagraph, the Swedish Transport Agency leave the unpaid fee for collection. Provisions for recovery can be found in the Act (1993:891) for the recovery of public debts, etc.

For the recovery must be performed according to code enforcement enforcement.



A penalty fee falls away, the decision where the payment is not made within five years from the date that the decision was final.



Advances for some carriers who do not live in Sweden



section 10 where a transport operation referred to in paragraph 3 of the carried out by coach and bus and the carrier as a penalty fee will be charged by not domiciled in Sweden, an official of the police or the Customs and Excise Department for the verification in accordance with section 4 of the decide whether advances for sanctioning fee. Advances need not be adopted if there are exceptional reasons for it.



The advance shall be paid to the police authority.



section 11 If a cash advance has been decided and it is not paid immediately in connection with control, an official of the police or the Customs and Excise Department may decide that the bus is not allowed to continue their journey. Such decisions need not be made if there are special reasons for it.



A decision on that bus must not proceed until the advance has been paid, or if sanction fee charged final without the advance has been paid, until the penalty fee has been paid.



If the bus may continue the journey, to be the official hand over a bill on the advance sum to the driver of the bus.



paragraph 12 of decision for advances or that a coach must not proceed should urgently be made subject to Transport Board's review. The Swedish Transport Agency should immediately examine whether the decision will stand.



If a decision on a bus may not continue the journey is made up after the examination referred to in the first subparagraph, the Swedish Transport Agency handle the matter if a fee without delay.



section 13 Transport Board may decide to put down an advance payment has been agreed for a fee.



The Swedish Transport Agency may cancel an order for that trip must not continue, if there are exceptional reasons for it.



The first and second subparagraphs shall also apply where the case if the sanction examined final.



section 14 of the Transport Board decides to reduce or refrain from levying any penalty fee, the excess amount of the paid advance payment will be refunded.



Appropriations



section 15, the police authority may provide that the requirement in paragraph 3(1) to be in possession of a valid identity document with photograph does not apply for certain specified groups of persons under the age of 18 who are travelling in the company of a person who is 18 years or older who will oversee the Group and who can produce a valid identity document with photograph.



section 16 of the police authorities may communicate the details relating to the



1. control within the meaning of section 4,



2. advance payments for penalty fees, and



3. the decision that a bus may not proceed.



The Swedish Transport Agency may announce details relating to penalty fees in General.



Appeal



section 17 of the 22 AOF the Administrative Procedure Act (1986:223) provides for appeal to the General Administrative Court. Other decisions than decisions under section 7 on penalty fees may not be appealed.





Transitional provisions



2016:723



1. This Regulation shall enter into force on 4 July 2016.



2. Regulation expires on 4 november 2016.



3. Notwithstanding paragraph 2 concerns the regulation still matters or matters of control or sanctioning fee instituted before this regulation came to an end.