Procedures for the Deposition, Reimbursement of Guarantee Money and the Detention of Documents

Issued pursuant to
Section 259.¹, Paragraph four
and Section 274.², Paragraph four
of the Latvian Administrative Violations Code

1. This Regulation prescribes:

1.1. the procedures by which guarantee money shall be deposited;

1.2. the procedures by which vehicle registration documents and driving licences shall be detained;

1.3. the procedures by which and the time periods in which a person who has been held administratively liable shall be reimbursed the deposited guarantee money or the balance thereof.

2. In order to ensure the execution of a decision in the case of administrative violation on imposition of a fine, the amount of the guarantee money shall be determined by making an entry in the administrative violation report and the guarantee money shall be collected from the following persons:

2.1. from a foreigner (except a person who has a valid residence permit issued in the Republic of Latvia) who has committed the administrative violation referred to in Section 46, Section 149.⁴, Paragraphs six and thirteen, Sections 149.⁸, 149.¹⁵, 167 and 171 of the Latvian Administrative Violations Law (hereinafter - foreigner);

2.2. from a driver registered in a foreign country (except citizens of the Republic of Latvia, non-citizens of the Republic of Latvia or persons who have a valid residence permit issued in the Republic of Latvia) who has committed an administrative violation in the field of carriage by road, the examination of which is within the competence of the State Police (hereinafter - driver).

3. After determination of the amount of the guarantee money the foreigner or driver shall, within the time period and amount specified in Section 259.¹, Paragraphs one and two of the Latvian Administrative Violations Code, pay the guarantee money into the deposited cash accounting account of the institution with the Treasury:

3.1. with a VISA, VISA Electron, MasterCard, Maestro or American Express payment card at a payment card terminal or in another alternative system, if the institution administering the guarantee money ensures it technically;

3.2. via such provider of payment services who has the right to provide payment services within the meaning of the Law On Payment Services and Electronic Money.

4. If after drawing up of the administrative violation report and determination of the amount of the guarantee money the foreigner does not pay the guarantee money according to the procedures referred to in Sub-paragraph 3.1 of this Regulation, an official shall issue him or her a notice to perform payment of the guarantee money in accordance with the procedures referred to in Sub-paragraph 3.2 of this Regulation. The notice to perform payment of the guarantee in the official language and two foreign languages (English and Russian) shall indicate the following:

4.1. the substantiation for determination of the guarantee money and the amount in national currency of Latvia;

4.2. the payment details:

4.2.1. the name of the institution and the taxpayer registration number;

4.2.2. the number of the deposited cash accounting account of the institution with the Treasury;

4.2.3. the name of the institution's provider of payment services;

4.2.4. the code of the institution's provider of payment services;

4.2.5. the information to be indicated in the payment substantiation (objective), which is necessary for administration of the deposited guarantee money;

4.3. the term for payment of the guarantee money.

5. If the administrative violation report is drafted without the foreigner being present, the institution shall, concurrently with a copy of the administrative violation report, send him or her the notice to perform payment of the guarantee money referred to in Paragraph 4 of this Regulation.

6. If after drafting of the administrative violation report and determination of the amount of the guarantee money the driver does not perform payment of the guarantee money in accordance with the specified procedures, an official shall detain the registration documents of the vehicle (with which the violation in the field of carriage by road has been committed) and the driving licence up until the time when the driver of the vehicle,, via the provider of payment services, has performed payment of the guarantee money and the institution in accordance with the regulatory enactments regarding the procedures by which payments are made into the State budget and they are recognised as received and the requirements for the use of online payment services in settlement of accounts with the State budget has recognised the payment made by the driver as having been made.

7. An official shall draw up a document detention act regarding the detention of the registration documents of the vehicle and the driving licence. The document detention act shall indicate the following in the official language and two foreign languages (English and Russian):

7.1. the date, time and place of drawing up of the document;

7.2. information regarding the institution, which detained the documents (name, address, telephone number);

7.3. the given name and surname of the driver;

7.4. the name of the detained document;

7.5. the number of the detained document;

7.6. the name of the issuing country of the detained document;

7.7. the basis for detention of the document;

7.8. the position, given name and surname of the official;

7.9. information to the driver that he or she has been warned that the documents, upon presenting a personal identification document, may be received after the guarantee money has been deposited and the institution in accordance with the procedures prescribed by regulatory enactments has confirmed that the payment made by the driver has been recognised as received;

7.10. the date and time for returning the document;

7.11. the type, number and issuing country of the document.

8. The document detention act shall be signed by an official and the driver, certifying the detention and return of the detained document.

9. If a foreigner or driver has paid the guarantee money in accordance with the procedures specified in Paragraph 3 of this Regulation, the institution in accordance with the decision in the case of administrative violation from the deposited cash accounting account of the institution with the Treasury:

9.1. after expiry of the term for appealing the decision in the case of administrative violation, if the referred to decision is not appealed:

9.1.1. within 15 days shall transfer the collected guarantee money in the amount of the fine imposed into the State budget revenues;

9.1.2. and the amount of the fine imposed is less than the collected guarantee money or it has been decided to reimburse the collected guarantee money in full, after receipt of the details of the settlement of the foreigner or driver shall, within 15 days, perform repayment of the balance of the collected guarantee money or full amount thereof to the indicated account of the foreigner or driver. If the currency, which the foreigner or driver has indicated for repayment of the guarantee money is different from the currency in the deposited cash accounting account of the institution with the Treasury, the exchange rate determined by the Bank of Latvia on the day when payment order was registered shall be applied to such payment;

9.2. after a court adjudication, if the referred to decision is appealed, shall act in accordance with the procedures referred to in Sub-paragraphs 9.1.1 and 9.1.2 of this Regulation.

10. If a decision, with which record-keeping in the case of administrative violation has been terminated, or a decision, with which a fine has not been applied, or a decision, with which the fine imposed has been specified less than the guarantee money paid in the deposited cash accounting account of the institution with the Treasury, has been taken in the case of administrative violation and it has been decided to reimburse the collected guarantee money in full or the balance thereof, the institution shall issue (send) to the foreigner or driver a copy of the decision in the case of administrative violation and request to submit information to the institution, which is necessary for reimbursing the guarantee money, within six months. The following shall be indicated in the information:

10.1. the given name, surname or the name of the recipient;

10.2. the identifier of the recipient, if it is necessary for ensuring payment;

10.3. the account number of the recipient;

10.4. the name of the payment service provider of the recipient;

10.5. the code of the payment service provider of the recipient;

10.6. the address of the recipient, if it is necessary for ensuring payment;

10.7. the name of the correspondent bank, if it is necessary for ensuring payment;

10.8. the account number of the correspondent bank, if it is necessary for ensuring payment;

10.9. the code of the correspondent bank, if it is necessary for ensuring payment;

10.10. the currency of payment according to the list of possible currencies, offered by the institution.

11. The institution shall co-ordinate the list of currencies referred to in Sub-paragraph 10.10 of this Regulation with the list of payment currencies offered by the Treasury.

12. If a foreigner or driver does not submit to the institution the details of the settlement or does not submit the correct details of the settlement within six months after notification of the decision referred to in Paragraph 10 of this Regulation, the institution shall, within one month, transfer the unrepaid guarantee money or the balance thereof from the deposited cash accounting account of the institution with the Treasury into the State budget revenues.

Prime Minister V. Dombrovskis

Minister for the Interior R.Kozlovskis

Translation © 2012 Valsts valodas centrs (State Language Centre)