Rs 741.013 Order Of 28 March 2007 On The Control Of Road Traffic (Occr)

Original Language Title: RS 741.013 Ordonnance du 28 mars 2007 sur le contrôle de la circulation routière (OCCR)

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741.013 order on the control of road traffic (OCCR) of March 28, 2007 (Status January 1, 2014) the federal Council Swiss, view the art. 30, al. 4, 55, al. 7, 56, al. 1, 57, al. 3, let. b, 103 and 106, al. 1, of the Federal Act of 19 December 1958 on the traffic, stop: Chapter 1 provisions general art. 1 purpose this order regulates the traffic controls measures, communications and statistical surveys that they imply.

Art. 2 abbreviations and definitions the following abbreviations are used in this order: a. FEDRO: federal Office of roads;

b. OFT: federal Office of transport;

c. LCR: Federal law of 19 December 1958 on road traffic;

d. OCR: order of November 13, 1962, on the rules of the road;

e. OETV: Ordinance of 19 June 1995 concerning technical requirements for road vehicles;

f. OAC: order of October 27, 1976, regulating admission to road traffic;

g. RTO 1: order of 19 June 1995 on the drivers;

h. OTR 2: order of 6 May 1981 on the duration of the work and the rest of professional drivers of light vehicles used for the carriage of persons and passenger cars heavy.

Utility vehicles, means the tractors fifth wheels and trailers with a total weight over 3.5 t and buses, minibuses and trucks.

RS RS RS 822.221 RS 741.51 741.41 741.11 introduced by section I of O from 12 oct. 2011, in force since Jan. 1. 2012 (2011 4929 RO).
SR 822.222 art. 3 jurisdiction of the police control traffic on the public highway, including the admission of motor carriers and passenger transport, is the responsibility of the relevant police bodies according to cantonal law. The order of 11 February 2004 on the military traffic is reserved.
Police is to help and to raise awareness of the road users, prevents drivers committing offences, denounces the offenders and deals of fines in accordance with the Federal law of June 24, 1970 on the fines.

RS 510.710 RS 741.03 art. 4 jurisdiction of the offices of customs and the body of border customs offices and border guards body are responsible for the control of traffic police vehicles and drivers entering Switzerland or out. They carry out road checks at the same time as the customs control of vehicles and their loads.
They control in particular: a. licence, the circulation permit and control plates; b. the State of drivers c. respect for the duration of the work, driving and rest; d. the technical condition of vehicles; e. dimensions and the weight; (f) the transport of dangerous goods; (g) the prohibition to circulate Sunday and night; h. the liability insurance for motor vehicles; i. respect for the requirements for the carriage of passengers and the admission of motor carriers.

They are entitled to order: a. the same measures that the cantonal bodies police when they control the vehicles and their cargo; b. the ban back on the road (art. 30) when they control the drivers.

If the Customs offices or the body of border guards find offences or that their orders are not executed, they will prevent the driver back on the road and appeal to the nearest police station. If they cannot come into contact with it, they set the report of denunciation and put it back with the means of evidence they have to the competent police command, for the opening of criminal proceedings.
FEDRO rule, in agreement with the Directorate-General of customs, the details of the execution of controls of traffic police at the border crossing. Going far and conventions concluded by the cantons with customs offices and the body of border guards under art. 97 of the Federal law of 18 March 2005 on customs are reserved.

RS 631.0 art. 5 controls the cantonal authorities focus their controls on behaviors that compromise safety, dangerous places and support for efforts to achieve the goal of the law of December 19, 2008, on the transfer of goods transport.
Controls are through surveys, systematically or as part of major operations. They can be coordinated at supracantonal or international level.
In the best of its ability, the police takes part in controls organized at the international level.

RS 740.1 new content according to chapter I of O from 29 nov. in force since Jan. 1, 2013. 2014 (2013 4671 RO).

Art. 6 control permits and permissions control permits and permissions can be done at any time on the public road; out of this, he is allowed to elucidate offences and accidents, or if there is suspicion of offences in immediate connection, local and temporal with the control. Controls of business within the meaning of art. 22 and 27 are reserved.

Art. 7 misuse of vehicles the police may divert motor vehicles and trailers of their itinerary in order to weigh them on scales or to subject them to more comprehensive controls in centres for this purpose.

Art. 8 repealed by no I of O from 29 nov. with effect from Jan. 1, 2013. 2014 (2013 4671 RO).

Art. 9 use of technical means the technical means will be used to the extent possible, in particular for control: a. speed; b. the respect of the light signals; c. the safety distance between vehicles which follow; d. the duration of labour, the conduct and the rest; e. technical vehicle state; f. dimensions and weights g. loading; h. the use of a phone without hands-free "during the race; i. the rate of alcohol in the breath.

The technical means used to measure are governed by the Ordinance of 15 February 2006 on the instruments to measure the requirements of enforcement of the federal Department of justice and police related to this order.
For the checks carried out using technical means, FEDRO fixed in agreement with the federal Institute of Metrology: a. the implementing rules and the procedure that refers; b. the requirements related to the systems and the types of action and the margins of error inherent in the devices and measures.

FEDRO fixed personnel controls and assessment requirements.
For experimentation with new technological tools, FEDRO may issue a temporary operating permit based on a test report of the federal Institute of metrology and define the margins of safety based on the technique.

Introduced by chapter I of O on May 11, 2011, in force since Jan. 1. 2012 (2011 2355 RO).
RS 941.210 introduced by chapter I of O on May 11, 2011, in force since Jan. 1. 2012 (2011 2355 RO).
New content according to section I 2 of the 7 Dec O. 2012 (new legal bases in metrology), in force since Jan. 1. 2013 (2012 7065 RO).
Introduced by chapter I of O on May 11, 2011, in force since Jan. 1. 2012 (2011 2355 RO). New content according to section I 2 of the 7 Dec O. 2012 (new legal bases in metrology), in force since Jan. 1. 2013 (2012 7065 RO).

Chapter 2 control of drivers Section 1 control of the ability to drive art. 10 preliminary tests the police can use preliminary test devices to determine if there was alcohol.
When there are signs certifying that the controlled person is unable to drive because of another substance than alcohol and that she drove a vehicle in this State, the police may order a preliminary test to detect the presence of drugs or medication, such as urinalysis, saliva or sweat.
The tests must be carried out in accordance with the requirements of the manufacturer of the device.
It is necessary to renounce other investigative measures when the preliminary test result is negative and no indications of failure to drive in the controlled person.
If the result of the preliminary test revealed the presence of alcohol or the police gave up use a pre-test, it proceeds to a control by means of a breathalyzer.

Currently "breathalyzer".

Art. 11 control through the control carried out by means of a breathalyzer breathalyser can take place: a. at least 20 minutes after the last consumption of alcohol; forgotten the source. After that the controlled person is is rinsed his mouth, in accordance with any directions of the manufacturer of the device.

Controls must be carried out using breathalyzers, that convert the alcohol measured in breath (mg/l) with a factor of 2000 l/kg in alcohol in the blood (g/kg).
FEDRO regulates the handling of devices used to control the rate of alcohol by means of a breathalyzer.
There are two measurements. If they diverge more from 0.10 per thousand, to proceed with two new measures. If the difference exceeds new 0.10 per thousand and if there is evidence of alcohol consumption, there is place to order a blood test.
The person concerned can recognize by his signature the bottom two measures if this corresponds to the percentage of alcohol in the blood following:

a. for people who were driving a car: 0,50 per thousand or more, but less than 0.80; b. for people who led a no motor vehicle or a moped: 0.50 per thousand or more, but less than 1.10; c. for individuals subject to the ban on driving under the influence of alcohol, referred to in art. 2, art. 1, OCR: 0.10 per thousand or more, but less than 0.50.



New content according to chapter I of O on May 11, 2011, in force since Jan. 1. 2012 (2011 2355 RO).
New content according to chapter I of O on May 11, 2011, in force since Jan. 1. 2012 (2011 2355 RO).
RS 741.11 new content according to chapter I of O from 29 nov. in force since Jan. 1, 2013. 2014 (2013 4671 RO).
Introduced by no I 1 of the O of Nov. 4. 2009 (1 phase of the reform of the railways 2; 2009 5959 RO. Repealed by no. I of the O from 29 nov. with effect from Jan. 1, 2013. 2014 (2013 4671 RO).

Art. 12 blood test and a urinalysis there to order a blood test when: a. the bottom line of the two measures by means of a breathalyzer: 1. is alcohol levels in the blood following:-for people who were driving a motor vehicle: 0.80 per thousand or more,-for people who were driving a non-motor vehicle or a moped : 1.10 per thousand or more, 2 could be recognized by the person using his signature in accordance with art. 11, al. 5, but that it did not recognize the result, 3. corresponds to a percentage of alcohol in the blood of 0.30 per thousand or more and the person concerned is suspected of driving a vehicle in intoxicated two hours or more before the control.

b. There is evidence certifying that the controlled person is unable to drive because of another substance than alcohol and that she drove a vehicle in this State; c. it is not possible to perform a preliminary test or a control using a breathalyzer and that there are signs accrediting an inability to drive.

In addition, it is possible to order to collect urinalysis when there are signs certifying that the person concerned is unable to drive because of another substance than alcohol and that she drove a vehicle in this State.
If it is not possible to determine which of several people, the one who was driving the vehicle, all may be subject to examinations.

New content according to chapter I of O from 29 nov. in force since Jan. 1, 2013. 2014 (2013 4671 RO).

Art. 13 duties of the police is held to inform the person concerned: a. blood tests will be ordered in the event of refusal to co-operate with a preliminary test or control by means of a breathalyzer (art. 55, para. 3, LCR); b. that acceptance of the control by means of a breathalyzer result will lead to the introduction of an administrative procedure and criminal procedure.

If the person refuses to submit to a preliminary examination, to a control using a breathalyzer, blood, a crop of urinalysis or a medical examination, it will be informed of the consequences of his refusal (art. 16, para. 1, let. d in relation to para. 2 and art. 91 a, para. 1, LCR).
The flow of control through a breathalyzer, the harvest of urinalysis, the findings of the police, the recognition of the result of such controls as well as the mandate to proceed with a blood sample and the harvest of urinalysis, or the confirmation of the mandate, must be recorded in a report. FEDRO sets the minimum requirements relating to the content and the form of this report.

Art. 14 taking of the blood and urinalysis the blood harvest must be performed by a doctor or by a qualified officer, designated by the doctor and acting under the responsibility of it. The harvest of urinalysis is done under the appropriate Visual control of a qualified person.
The container containing blood or urinalysis will have registration avoiding confusion, placed in a package suitable for transport, at low temperature and sent for analysis by the quickest way to a laboratory recognized by FEDRO.
On the proposal of the cantons, FEDRO recognizes equipped laboratories of facilities required for the forensic blood tests and a urinalysis and guaranteeing the quality of the reviews. It oversees or oversee the activity of these laboratories.

Art. 15 medical examination when a blood sample has been ordered, the doctor mandated for this purpose will also consider whether the suspect shows signs of inability to lead, which, due to consumption of alcohol, drugs or medication, may be medically determined. FEDRO defines the minimum requirements relating to the form and the content of the report.
The competent authority can free the doctor from the obligation to conduct a review if the person concerned is in its behavior, no index revealing another cause disability to drive than alcohol.

Art. 16 expert reviews the results of the blood test and a urinalysis are subject to the assessment of experts, to the attention of the competent authority, for the criminal sanction and the withdrawal of the licence, as their scope on the ability to drive, when: a. it is proved that the blood contains a substance reducing the ability to drive other than alcohol or substance referred to in art. 2, al. 2, OCR; (b) a person has consumed on prescription a substance referred to in art. 2, al. 2, OCR, but there are signs accrediting an inability to drive.

The expert takes into account the findings of the police, the results of the medical examination and those of the test chemical and toxicological, and motivates the conclusions that he draws.
On proposal of the laboratories, FEDRO recognizes the quality of expert individuals who: a. warrant a degree of forensic toxicologist, or equivalent training acquired in Switzerland or abroad, etb. warrant of theoretical and practical knowledge comprehensive in the interpretation of the results of the chemical analyses as to their influence on the ability to drive.

RS 741.11 art. The incapacity to drive 17Autre it is also possible to see drunkenness or the influence of a substance decreasing driving ability, other than alcohol, according to the State and behavior of the suspected person or the information obtained on the amount consumed, especially when the control using a breathalyzer, the preliminary test on drugs or medication or blood could not be carried out.

New content according to chapter I of O from 29 nov. in force since Jan. 1, 2013. 2014 (2013 4671 RO).

Art. 18 procedure the FEDRO sets other requirements of the procedure of the incapacity to driving under the influence of alcohol, drugs or medication.

Art. 19 diplomats and people with a similar status drivers enjoying diplomatic or consular immunities or privileges can make the object, without their consent, tests to see the inability to drive.

Section 2 controls the duration of the work, of the conduct and the rest of professional drivers of motor vehicles art. 20controles life work, driving and the rest of the drivers of motor vehicles subject to the RTO 1 and the OTR 2 are controlled.
Drivers subject to the RTO 1, the cantonal authorities ensure that, each year, checks are carried out on at least 3% of the working days; at least 30% of these controls must be within controls road and at least 50% of company checks.

New content according to section I of the October 12 O. 2011, in force since Jan. 1. 2012 (2011 4929 RO).
RS 822.221 RS 822.222 art. 21 checkpoints on the road, the police control including respect for provisions: a. daily driving time; b. the breaks; c. the daily rest period; d. the last weekly rest; e. the presence on board the vehicle and the holding of the means of control; f. the operation and correct use of the tachograph.

Art. 22 company controls company controls take place at the seat of the latter or its branches. If a vehicle is not registered in the canton of the seat of the company or any of its branches, the Township in which it is registered shall inform the authority to proceed with the inspection.
Company checks must be carried out including: a. If serious offences were reported during road controls; forgotten the source. If there is suspicion of an offence committed by the employer.

The controls referred to in para. 2 are included in the controls referred to in art. 20. instead of take place on-site, control can be done on the basis of control documents. If the company enters all data using the means of control referred to in art. 13, let. b, c and d, RTO 1 or art. 16A OTR 2, it can, by taking the necessary precautions, transmit them electronically to the competent authority, in the form requested by the latter.
If possible, the assessment is based on the means of control of at least one month.
The controls include the following:

a. the points to be checked according to art. 21; b. the daily driving periods between two weeklies; c. rest periods the periods of driving on one or two weeks; d. the maximum weekly working time; (e) where applicable, the total of the additional hours worked during a calendar year; (f) weekly rest periods; g. compensation for reduced daily or weekly rest periods; h. the use and conservation of the means of control; i. Summary of periods of work driving and rest; j. download of data from the digital tachograph.

RS 822.221 RS 822.222 new content according to section I of the October 12 O. 2011, in force since Jan. 1. 2012 (2011 4929 RO).

Chapter 3 controlling vehicles Section 1 control of the technical condition of vehicles art. 23 principle the cantonal authorities ensure sufficient control of the technical condition of vehicles.

Art. 24 control of commercial vehicles at least one of the following control procedures must be performed: a. Visual inspection of the State of maintenance of the vehicle to stop; b. review of documents: 1. a recent check of the technical state of the vehicle (al. 4), 2. the last subsequent control according to art. 33 OETV or foreign law;

c. technical inspection to identify defects of maintenance on one, several or all of the points covered by control according to annex I, ch. 10, of directive 2000/30/EC; d. inspection defined in art. 33, al. 1, OETV if maintenance defects, including a defect in the braking systems, that could compromise security.

Inspection of brake and exhaust emissions devices must be carried out in accordance with the provisions of annex II to directive 2000/30/EC.
Before the technical inspection referred to in para. 1, let. c, please consult the documents referred to in para. 1, let. b. the issues a certificate provides evidence that they have already been controlled in the last three months must be controlled only in the event of failure or of manifest non-compliance with the documents referred to in para. 1, let. b. after the technical inspection referred to in para. 1, let. c and d, the report referred to in annex I to directive 2000/30/EC will be given to the driver. FEDRO defines the form and the content of this report.
Roadside inspections of the technical condition of the vehicles are not announced by the competent authority.

RS 741.41 Directive 2000/30/EC of the European Parliament and of the Council of 6 June 2000 on the technical control road of commercial vehicles circulating in the Community (OJ L 203 of the 10.8.2000, p. 1; amended lastly by directive 2003/26/EC, OJ L 90 of the 8.4.2003, pp. 37) art. 25 control of maintenance of the emission control system based on the interview form (art. 35, para. 4, OETV), police control if the holder of vehicles subject to the obligation of maintenance according to art. 59A OCR did perform maintenance of the emission control system.
It can perform subsequent inspections of exhaust gases according to art. 36 OETV on the road and in collaboration with the registration authority.

RS 741.41 741.11 Section 2 RS control of dangerous goods art. 26 traffic control of the transport of dangerous goods must be according to the list of annex I to directive 95/50/EC.
The cantonal authorities ensure that a representative proportion of road transport of dangerous goods is subject to controls.
A full checklist or a certificate will be given to the driver once the control carried out.
Before a control, should take into account the list or the eventual certification of a control carried out recently. Control will, if necessary, be reduced to the minimum necessary.
FEDRO defines the form and the content of the list control and certification.

Directive 95/50/EC of the Council of 6 October. 1995 on uniform procedures for the control of the transport of dangerous goods by road (OJ L 249 of the 17.10.1995, p. 35; amended lastly by directive 2008/54/EC of the European Parliament and of the Council of 17 June 2008 (OJ L 162 of the 21.6.2008, p. 11), (see RO 2009 3139).

Art. 27 controls of business the cantonal authorities carry out checks in businesses who send, transport or receive dangerous goods.
If a violation of the requirements for the transport of dangerous goods is found during an inspection of the company, proposed transport must be brought into line before the departure of the vehicle or subject to appropriate measures.

Art. 28 common provisions of goods or packaging samples may be collected during controls carried out on the road or in the company.
The transported product samples may be taken provided that this is not a safety hazard. They are sent for review, in a laboratory recognized by the competent cantonal authority.
If goods are not in the regulatory State, transport may be prohibited or the packages seized.

Chapter 4 measures Section 1 conformity to the prescriptions of art. 29. police ensures that the vehicle, including its load, is given in the regulatory state until he resumes the road.
In case of overloads that cannot be sanctioned according to the procedure for the fines, she ordered the transhipment or unloading of the vehicle until the weight and monitors the operation.
If mandatory maintenance of emission control has not been made, she orders it to be accomplished.

Section 2 ban to hit the road and seizure of the licence art. 30 ban back on the road the police prevents the driver back on the road: a. If it is not the owner of the license required or that he drove despite the refusal or withdrawal of the license; b. If it is in a State that does not allow him to drive with safety a vehicle for which the licence is not necessary; c. If the control by means of a breathalyzer reveals an alcohol in the blood of 0.50 per thousand or more; c. If control by means of a breathalyzer reveals a level of alcohol in the blood of 0.10 per thousand or more, and if the driver is subject to the ban on driving under the influence of alcohol, referred to in art. 2, art. 1, OCR; d. If the driver does not observe a condition concerning the Visual capacity; e. If he does not observe a restriction entered in the licence relating to the use of a vehicle adapted to his infirmity or its size; f. If he drives a motor vehicle authorized to circulate without travel permits or plates of control under art. OAC 72, and that one or more of the grounds set out in art. 32 are involved.

Introduced by section I of O from 29 nov. in force since Jan. 1, 2013. 2014 (2013 4671 RO).
RS 741.51 art. 31 seizure of the student driver or the driver's license police permit seizes the student driver permit or license immediately if the driver: a. is clearly taken drink or present an alcohol in the blood of 0.80 per thousand or more, determined by a breathalyzer. only ilb. is clearly unable to drive for other reasons; or ilc. is a race of learning without the requirements.

The student driver permit or licence can be entered when the driver is endangering traffic, including it: a. exceeds the maximum permissible speed of more than 30 km/h inside the localities of 35 km/h outside towns or 40 mph on a motorway. only ilb. turned, crossed the Central berm, circulates in the opposite direction or running back over a highway or a semi-autoroute. that ilc. running an overrun on a stretch of road that is not free or who is blind; or ild. causes an accident causing the death of a person or of personal injury because it severely violated the traffic rules.

Entry permit student driver or the licence for a category, subcategory or given special category results entry permit student driver or the licence for all categories, subcategories and special categories, until the permit is returned or the authority competent to pronounce the withdrawal has made its decision.

Art. 32 entry permits for movement and control the police plates captures the traffic immediately permit: a. If the insurance prescribed for the vehicle is lacking; (b) If, during a control of transport of dangerous goods by road goods, it finds that a violation of the decisive in the material requirements directly threatens the safety of other road users and that the regulatory State cannot be restored on site.

The traffic permit can be seized if the vehicle, due to his condition or its cargo, poses a danger to traffic or cause of noise which could be avoided or permit traffic and the plates are used improperly.
Traffic permit entry result also of the plates and the ban back on the road. The vehicle may be seized and controlled.

Art. 33 procedure


The review body confirms in writing entry permit student driver, license and permit traffic and the ban back on the road, indicating the legal consequences of these measures.
Permits student driver and drive seized will be forwarded to the authority of the canton of residence permit withdrawals; the plates and permits for movement seized, authority of the canton of the vehicle permit withdrawals. The police report will be attached in both cases.
If the reasons which gave rise to the seizure of a permit or ban back on the road become without object, the permit, the plates and the vehicle will be returned immediately, with permission to use.

Art. 34 foreign vehicles entering the circulation permit and plates, the prohibition to return to the road or the seizure of the vehicle are eligible when it comes to foreign vehicles which are clearly in a non-regulatory State.
The seizure of plates and foreign driving license is also eligible if the permits or plates are misused. Art. 60, CH 4, 2 sentence, of the order of 20 November 1959 on insurance of vehicles is reserved.
The measures ordered, according to para. 1 must be cancelled when the offending vehicle is again in the regulatory State. If it is not possible to restore it, the cantonal authority cancels permits and destroyed or makes obsolete the plates. She sends the permit to the registration authority stating that the plates were destroyed or rendered obsolete. The holder may require the return of the plates have become obsolete or proof of their destruction.

SR 741.31 art. 35 diplomats and people with a similar status if enjoying diplomatic or consular immunities or privileges drivers commit traffic offences, they may be retained for verification of identity. They must present the identification card issued by the federal Department of Foreign Affairs.
Neither identification nor the driver's license or traffic will be seized.
The police will prevent the driver back on the road if the latter or the vehicle are in a State such that the result would be a serious danger to traffic.

Section 3 Communications of the police art. 36 reports the police communicate to the competent authority in the field of road traffic of the canton of residence of the author denunciations for prescriptions in material breach. There is no place to communicate complaints made under art. 6, al. 3, last sentence, of the Act of 24 June 1970 on the fines.

RS 741.03 art. 37 hint of inability to conduct if the police is informed of facts, such as serious illness or addiction, that could lead to a refusal or withdrawal of the permit, it shall notify the competent authority for road traffic.

Art. 38 defective vehicles the police reports to the registration authority having substantially damaged in accidents or vehicles showing serious deficiencies at controls.

Art. 39 diplomats and people with a similar status, the police immediately signals to the federal Department of Foreign Affairs the infringements which are caused by drivers with diplomatic or consular immunities or privileges. This also applies when the ban on the road had to be ordered under art. 35, al. 3. this communication indicates the identity of the driver and the vehicle.

Chapter 5 information and communication between the Switzerland and the Member States of the Union European art. 40 transport of dangerous goods the cantonal authorities report to the competent authorities of the State of registration of the vehicle or place of business serious infringements or repeated that, committed by the driver of a vehicle or by a company of a Member State of the European Union, are endangering the safety of the transport of dangerous goods. The cantonal authorities may request to those of the foreign country that appropriate action be taken against the persons or companies involved.
If drivers of vehicles Swiss or Swiss companies commit serious crimes or repeated in a Member State of the European Union and the cantonal authorities thereby to control on the premises of the company concerned, they shall notify the results to the State that reported these findings or who requests this information.

Art. 41 hours of work, of the driving and rest if a driver of a State member of the Union European commits offences serious or repeated to the requirements for the duration of the work, the driving and rest, the cantonal authorities report, as well as the measures taken as appropriate, to the competent authorities of the State in which the business of the driver is established. The cantonal authorities may request to the foreign State to carry out a check at the premises of the undertaking concerned and to provide them the result.
If Swiss drivers commit serious crimes or repeated the requirements for the duration of the work, the driving and rest in a Member State of the European Union and the cantonal authorities thereby perform a check in the undertaking concerned, they shall notify the results to State who reported these facts or who requests this information.

Art. 42 commercial vehicles if the cantonal authorities find that a utility vehicle from a Member State of the European Union has serious flaws, they report it to the competent authorities of the State of registration. They can ask the State to take appropriate measures and to provide them the result.
If serious defects are recognized in a Member State of the European Union on a commercial vehicle registered in Switzerland, the cantonal authorities shall communicate the measures taken at the State that reported these facts or who requests this information.

Art. 43 communications of the Member States of the European Union the Astra receives communications from the Member States of the European Union concerning offences committed with registered vehicles or by companies established in Switzerland and transmits to the competent cantonal authority.

Chapter 6 Communications and data Section 1 Communications of the cantons art. 44 communications FEDRO cantons shall communicate annually to FEDRO: a. data identified during inspections of dangerous goods within the meaning of art. 48, let. b, ch. 1; b. data during technical inspections within the meaning of art. 48, let. b, c. 2; c. the data identified during inspections of periods of work, driving and rest to the senses of the art. 48, let. b, ch. 3; (d) the number of companies established on their territory and those who, subject to the RTO 1 have been controlled; e. offences in terms of work, of driving and rest periods by foreign in Switzerland and the sanctions imposed thus drivers that the sanctions for offences committed in a Member State of the European Union by Swiss drivers.

FEDRO regulates the communications policy and procedure related.

SR 822.221 art. 45 communications sent to the OFT the cantons shall communicate to the OFT: a. the offences within the meaning of art. 40-42 and the measures taken as a result; b. other serious or repeated offences detected during controls carried out in accordance with this order.

Offences causing only a fine will not be disclosed.
FEDRO rule, in agreement with the OFT, the communications policy and procedure related during infringements to the provisions relating to passenger transport and the admission of motor carriers.

Section 2 reports of art FEDRO 46. the FEDRO sends a report: a. the Commission of the European Union: 1. annually, about controls over dangerous goods, 2. every two years, on controls; in working, driving and rest periods and technical controls

b. the international transport Forum of the Organization of coordination and development economic, every two years, on controls over working, driving and rest periods.

New content according to chapter I of O from 29 nov. in force since Jan. 1, 2013. 2014 (2013 4671 RO).

Section 3 data art. 47 centralized database in collaboration with the cantons and the General Directorate of customs, FEDRO maintains a centralized database.
The database is used: a. to establish statistics on checks carried out pursuant to this order; b. to drawing up the report for the European Commission and the international Forum of transport concerning controls carried out in accordance with this order.

It is forbidden to treat any data (articles 44 to 46 and 48) that relates to an identified or identifiable person.
FEDRO enacts the necessary technical and administrative guidelines, including the regulation of treatment.


New content according to chapter I of O from 29 nov. in force since Jan. 1, 2013. 2014 (2013 4671 RO).

Art. 48 content of the base database contains the following data: a. as a statistics: 1 kind of control, 2 authority, which runs the control 3 control place, 4 duration control, 5 kind and number of controlled vehicles and number controlled drivers, 6. nationality of the controlled driver, 7 State of the controlled vehicle, 8 kind and number of violations 9. type and number of the measures ordered;

(b) as the report: 1. on controls over dangerous goods: - scale up or estimated the transport of dangerous goods in tonnes or in tonnes-kilometres - number of controls carried out, - number of controlled vehicles, classified by States of registration, - kind and number of the infringements, - gender and number of the measures ordered, 2. on technical inspections:-number of controlled commercial vehicles, classified by categories of vehicles and State of registry , - type and number of detected defects, - gender and number of the measures ordered, 3. control of work, driving and rest periods: - number of drivers involved in traffic control, classified by nationalities, by transport, transport of goods and people - many drivers involved in control of company, ranked by passenger transport and freight transport, - number of days of work identified by traffic, sorted by passenger transport and freight transport , - number of days of work identified by the control of business, ranked by passenger transport and freight transport, - number of enterprises controlled, - type and number of violations.

Chapter 7 penal provisions and final provisions art. 49 criminal will be punished to fine anyone who: a. refuses to present to the enforcement authorities, at their request, permits, permissions, holders of electronic data and other documents required under this order or to communicate information, or providing deliberately false information during controls; b. to the enforcement authorities access to the company for the controls provided in this order; c. intentionally hinders or trying to frustrate any other way the controls provided for by this order.

Art. 50 transitional provision in derogation of art. 20, only 2% by year drivers subject to the RTO 1 working days should be controlled in 2008 and 2009.

SR 822.221 art. Transitional 50aDisposition on November 4, 2009 changing the breathalyzers that do not meet the requirements of art. 11, al. 2, let. a, may be used until 31 December 2011 at the latest.

Introduced by no I 1 of the O of Nov. 4. 2009 (1 phase 2 railways reform), in force since Jan. 1. 2010 (2009 5959 RO).

Art. 51 entry into force this order comes into force on January 1, 2008.

RO 2007 2081 RS 741.01 State on January 1, 2014

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