Advanced Search

Regulation (2016:946) If Certain Identity Checks At Serious Risk To Public Order Or Internal Security Of The Country

Original Language Title: Förordning (2016:946) om vissa identitetskontroller vid allvarlig fara för den allmänna ordningen eller den inre säkerheten i landet

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
/Entry into force: 11/04/2016

Contents of the regulation



Article 1 this regulation lays down provisions on certain identity checks to be performed by the serious danger to public order or internal security of the country, in order to maintain law and order and safeguarding national security.



The regulation is notified pursuant to §§ 3 and 4 teams (2015:1073) on special measures in the case of a serious danger to public policy 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) road traffic code definitions,



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



3. the carrier: it actually performs the carriage of passengers by bus, train or passenger ships, irrespective of whether he has concluded the contract of carriage with the passenger.



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 is accompanied by a parent who can produce a valid identity document with photograph.



The first paragraph also applies to transport with passenger vessels which carry out journeys which is 20 nautical miles or less.



Control of the carrier's obligation



section 4 of the police authority shall verify that the carrier has fulfilled its duty under section 3. Customs Service and the coast guard shall, upon request, assist the police authorities in such control.



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



Penalty section 5 of a fine to be levied by the carrier if he checks under paragraph 4 cannot demonstrate that it has complied with its obligations under paragraph 3.



section 6 of the Sanctioning fee of 50 000 kroons per transport time.



section 7 Transport Board hears questions about the penalty under this regulation.



A penalty may only be decided if the claim is directed has been given an opportunity to comment within two years from the time the conditions under paragraph 5 of that charge is true.



Transportation the Governing Board may decide to reduce or waive the penalty if there are special reasons for it.



§ 8 the fine to the State.



§ 9 A sanctioning fee to be paid to the Transport Agency within thirty days of the decision to withdraw the charge has a final or within such longer period as is specified in the decision.



If the fine is not paid within the time limit referred to in the first subparagraph, the Transportation Board leave the unpaid fee for collection. Provisions of the Recovery Act (1993:891) for the recovery of State assets, etc.

Upon recovery, enforcement take place according to the enforcement code.



A fine fall away, if the decision on the fees have not been effected within five years from the date that the decision was final.



Advances for some carriers who are not resident in Sweden



section 10 where a transport operation referred to in paragraph 3 of the carried out by coach and bus and the carrier that a fine should be imposed on not domiciled in Sweden, an official of the police or the customs service for the control under decide upfront for the fine. Advances need not, however, be decided if there are serious reasons for it.



The advance shall be paid to the police authority.



section 11 If an advance payment has been agreed 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 to not ride the bus to continue until the advance has been paid or, if the penalty levied definitively without the advance has been paid, until the fine has been paid.



If the bus may continue the journey, the officer a payment form on the advance sum to the driver of the bus.



section 12 a decision on advance or if a bus is not allowed to continue their journey to urgently submitted to the Transport Board's examination. Transportation Board shall immediately ascertain whether decision.



If a decision on a bus may not continue the journey continues after the examination referred to in the first subparagraph, the Transport Agency deal with the case if the penalty without delay.



section 13 Transport Board may decide to partially or completely put down an advance that has been decided for a penalty.



Transportation Board may revoke a decision to ride may not continue, if there are serious reasons for it.



The first and second paragraphs applies even when the case is tried on the final penalty.



section 14 Of the Transport Agency decides to reduce or abstain from taking any sanctioning 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 of the first paragraph to hold a valid identity document with photograph does not apply for certain specified groups of persons under 18 years of age is accompanied by a person aged 18 or over who should oversee the Group and who can produce a valid identity document with photograph.



section 16 of the police authority must notify the



1. control under paragraph 4,



2. advance payments for fines, and



3. the decision that a bus may not proceed.



Transportation Board may announce details relating to penalties and fines.



Appeal



section 17 of the 22 a of the Administrative Procedure Act (1986:223) there are provisions for appeal to the administrative court. Other than a decision under section 7 if the fines may not be appealed.





Transitional provisions



2016:946



1. this Regulation shall enter into force on 4 november 2016.



2. Regulation expires on 4 February 2017.



3. Notwithstanding paragraph 2 concerns the regulation still matters or matters of control or sanctioning fee instituted before this regulation was repealed.