Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
13 March 1997 [shall come
into force on 9 April 1997];
29 October 1998 [shall come into force on 20 November
1998];
30 September 1999 [shall come into force on 27 October
1999];
23 November 2000 [shall come into force on 1 September
2001];
10 May 2001 [shall come into force into on 1 July
2001];
9 May 2002 [shall come into force 1 January 2003];
30 October 2003 [shall come into force on 1 January
2004];
22 April 2004 [shall come into force on 1 May
2004];
2 December 2004 [shall come into force on 29 December
2004];
5 May 2005 [shall come into force on 8 June 2005];
1 December 2005 [shall come into force on 1 January
2006];
22 June 2006 [shall come into force on 21 July
2006];
4 April 2007 [shall come into force on 2 May 2007];
14 June 2007 [shall come into force on 15 July
2007];
13 December 2007 [shall come into force 1 January
2008];
6 November 2008 [shall come into force 1 July
2009];
14 October 2010 [ shall come into force on 1 January
2011];
16 December 2010 [shall come into force on 1 April
2011];
12 May 2011 [shall come into force on 8 June 2011];
7 February 2013 [shall come into force on 1 March
2013];
23 April 2015 [shall come into force on 1 July
2015];
15 June 2017 [shall come into force on 13 July
2017];
28 September 2017 [shall come into force on 26 October
2017];
13 June 2019 [shall come into force on 12 July
2019];
17 June 2020 [shall come into force on 1 July
2020];
4 February 2021 [shall come into force on 1 July
2021];
10 March 2022 [shall come into force on 15 March
2022];
13 October 2022 [shall come into force on 1 January
2023];
27 March 2024 [shall come into force on 24 April
2024].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following law:
Law on Carriage by Road
Chapter I
General Provisions
Section 1. Terms Used in this
Law
The following terms are used in this Law:
1) authorisation for regular passenger services for hire or
reward (hereinafter - the authorisation) - a document
certifying the right of a carrier to operate regular passenger
services for hire or reward in a relevant journey along a route
according to an approved timetable;
2) bus - a road vehicle intended for the carriage of
passengers (nine and more people, excluding the driver);
3) bus station - a territory with structures that is
separated from a carriageway and is intended for organising the
traffic of road vehicles, servicing or interchange of road
vehicles and passengers in routes;
4) carriage by road - movement of any road vehicle
along a road, carrying passengers or goods;
5) [10 March 2022];
6) road vehicle - a vehicle with an engine (except for
tractors and self-propelled machines) that is used for the
carriage of passengers or goods along railless roads. Trailers
and semi-trailers shall be considered to be part of a road
vehicle;
7) driver - a person who lawfully drives a road
vehicle;
8) perishable goods - agricultural and fish products,
as well as other goods during the carriage of which a special
temperature regime must be observed and which must be carried by
specialised road vehicles;
9) luggage - objects which a passenger carries with
himself or herself or sends by means of a road vehicle;
10) bulk goods - goods which consist of loose mass and
are carried without packaging (sand, grain, and other similar
goods);
11) dangerous goods - goods considered to be dangerous
goods within the meaning of the Law on the Movement of Dangerous
Goods;
12) forwarder - a merchant who, according to the
contract concluded with the consignor of goods, organises
carriage of goods and provides services related to such
carriage;
121) intermodal transport operation - a
transport operation which meets one of the following
conditions:
a) the abovementioned transport operation corresponds to the
definition of the combined transport operation, and one or
several containers or swap bodies the total maximum length of
which does not exceed 45 feet are being carried;
b) one or several containers or swap bodies the total maximum
length of which does not exceed 45 feet are being carried,
provided that the length of the initial or final leg of the
transport operation along motorways in the territory of the
European Union does not exceed 150 kilometres and the remaining
part of the transport operation is carried out by waterways. The
abovementioned initial or final leg of the transport operation
along motorways in the territory of the European Union may also
exceed 150 kilometres in order to reach the nearest transport
terminal suitable for the relevant service (the terminal may also
be located in another European Union Member State where the goods
have not been loaded or unloaded), provided that vehicle
combinations with a semi-trailer consisting of a two-axle towing
vehicle and a three-axle semi-trailer or a three-axle towing
vehicle and a two-axle or three-axle semi-trailer are used for
the carriage by road;
13) hired vehicle - any vehicle which for a charge and
for a certain period is transferred for use to a merchant who is
engaged in carriage for hire or reward or performs own-account
carriage according to the contract concluded with the person
offering such vehicles;
14) cabotage - short-term domestic carriages of
passengers or goods for hire or reward by means of road vehicles
which are performed in another country without registering an
undertaking, branch or representative office therein;
15) combined transport operation - carriage of goods if
a heavy goods vehicle, trailer or semi-trailer with or without a
towing vehicle or in the combination thereof, or 20 feet or
larger containers in the initial (final) leg of a journey use a
motorway, but in the remaining legs use a railway, inland
waterways or maritime routes, if any of the legs of the road,
except for the motorway, exceeds the distance of 100 kilometres
in a straight line. Within the framework of a combined transport
operation, the initial (final) leg of the journey shall be
undertaken along a motorway between the place of loading
(unloading) the goods and the nearest railway station suitable
for loading (unloading) the goods or within a radius not
exceeding a distance of 150 kilometres in a straight line from an
inland port or sea port where the goods is loaded (unloaded);
16) goods - a thing (products, goods, bundles,
containers, and other objects) registered for carriage;
17) possessor of goods - a person who acts with the
goods in his or her own name on a lawful basis, irrespective of
whether the goods is his or her property;
18) timetable - the regime for the performance of
carriage, which specifies the movement, stopping, and parking in
a journey (journeys) along the route of a bus (road vehicle), as
well as the time for the performance of carriage and dates of
performance;
181) licence card - a document of a
particular form or an entry in a State information system which
certifies that a carrier may perform carriage for hire or reward
of the specific type indicated in the document or entry with the
specific road vehicle;
182) contractor or sub-contractor - an
undertaking which has concluded a contract with a road haulage
operator on transport services and is not a consignor or a
forwarder;
19) en route passenger service points - a bus station,
a passenger interchange facility, and a stop;
20) route - a previously selected path of movement of a
road vehicle between two points of destination of the
movement;
21) consignor - a person who hands over goods for
carriage. A consignor and consignee may be the same person;
22) passenger - a person who, in accordance with the
contract (ticket) or on another lawful basis, uses a road vehicle
for a journey and carriage of luggage, as well as uses other
services provided by the carrier;
23) occasional passenger services - passenger services
which do not correspond to the definition of regular services
(including special regular carriage) in which such groups of
passengers are carried who have been formed upon the initiative
of a commissioning party or a carrier itself. Such service shall
lose the status of occasional services and obtain the status of
regular services if the carriage of passengers is carried out
with certain regularity, following the same or similar route of
regular passenger services and functionally services the same
passengers who are picked up or set down in en route passenger
service points or in lanes provided for the public transport;
24) regular passenger services - carriage of passengers
by suitable vehicles according to certain timetables on a regular
basis following certain route for a previously determined fare
and payment for the carriage of luggage, and also the provision
of passenger services which provide for the picking up and
setting down of passengers in en route passenger service
points;
25) special regular passenger services - regular
passenger services which provide for the carriage of specified
categories of passengers;
26) carriage of passengers and goods for hire or reward
(hereinafter - the carriage of passengers and goods) - carriage
of passengers and goods for a charge in the form of a
professional activity;
261) taxi service - a service where a
passenger, upon an agreement with the carrier, is transported to
the place indicated by the passenger [inter alia, a passenger
transport service which is offered, requested, and confirmed
using electronic communications services (including a website or
a mobile application online)] and payments are made according to
the fare recorded by a taximeter and surcharge;
262) commercial passenger car service - a
transport service by a car, in addition to taxi service, which is
offered, requested, and confirmed using only electronic
communications services on a website or in a mobile application
online, and the payment for which is only made using non-cash
payments;
263) passenger interchange facility - a
territory that is separated from a carriageway where platforms
are situated and that is intended for organising the traffic of
road vehicles, servicing or interchange of road vehicles and
passengers in routes;
27) own-account carriage - carriage which is performed
free of charge using vehicles, except for the vehicle registered
in another country, that are in the possession of or hired by a
merchant, a farm or a fishing undertaking, a cooperative society
operating in agricultural sector, a State or a local government
authority, an association or a foundation (hereinafter - the
performer of own-account carriage) and that are driven by the
performer of own-account carriage himself or herself or his or
her employee in order to carry, for the needs of the performer of
own-account carriage, persons or goods that are his or her
property or that he or she has bought, sold, leased, rented,
acquired, manufactured, processed, or repaired. Own-account
carriage shall only be an ancillary activity of the performer of
own-account carriage;
28) carrier - a merchant, a cooperative society, or a
farm or a fishing undertaking that undertakes a carriage
obligation on the basis of an order or contract with a consignor,
passenger or on another lawful basis;
281) stop - a place for passenger
interchange in routes;
29) consignee - a person to whom goods are to be issued
at the place of destination, in accordance with the contract of
carriage;
291) international route - a route that
crosses the State border of Latvia;
30) international carriage - carriage within the
performance of which it is necessary to cross the State border of
Latvia;
31) liquid goods - oil and oil products, alcohol,
vegetable oil, animal fats, and other goods which are carried in
sealed containers;
32) direct mixed traffic - carriage of passengers or
goods which is performed by several carriers by road and using
other transport and for which a single transport document is
drawn up for the whole itinerary;
321) website or mobile application service -
an online service for the carriage by road;
322) provider of a website or mobile application
service - a merchant who organises the carriage by road and
provides related services online in accordance with the contract
concluded with the carrier;
33) freight forwarding services - a package of services
and works related to the sending, carriage, receipt, and storage
of goods which is performed for a charge.
[9 May 2002; 2 December 2004; 5 May 2005; 22 June 2006; 4
April 2007; 14 June 2007; 14 October 2010; 12 May 2011; 23 April
2015; 15 June 2017; 28 September 2017; 13 June 2019; 10 March
2022; 27 March 2024; 24 April 2024]
Section 2. Application of this
Law
This Law governs legal relations between a carrier, driver,
provider of a website or mobile application service, forwarder,
consignor, consignee, and passenger, organising and completing
carriage of passengers and goods in the form of a professional
activity.
[13 June 2019]
Section 3. Laws and Regulations
Governing Legal Relations in Carriage by Road
(1) Legal relations which arise when performing carriage of
goods and passengers by road are governed by this Law, the Civil
Law, other laws and regulations, as well as by international
agreements which are binding on Latvia.
(2) If international agreements ratified by the Saeima
which are binding on Latvia include provisions contrary to those
included in this Law, the provisions of the international
agreements shall be applied.
Section 4. Management and Control of
the Field of Carriage by Road
(1) In accordance with the requirements of this Law and other
laws and regulations, public administration in the field of
carriage by road shall be implemented, according to their
competence, by the Ministry of Transport, the Ministry of the
Interior, the Ministry of Finance, the Ministry of Welfare, local
governments, and institutions subordinate to such ministries and
local governments, including by the persons and authorities
within the scope of administration tasks delegated thereto.
(2) The Ministry of Transport, the Ministry of the Interior,
and institutions subordinate thereto shall, according to their
competence, perform State supervision over compliance with laws
and regulations in the field of carriage by road, issue documents
specified in the laws and regulations relating to carriage by
road, cooperate with the competent authorities of other countries
in the field of carriage by road, and also fulfil other tasks
specified in laws and regulations.
(3) Control of carriage by road shall, according to their
competence, be implemented by the Ministry of the Interior, the
Ministry of Finance, local governments, and institutions
subordinate to such ministries and local governments, carriers,
and also other persons and authorities specified in laws and
regulations.
(4) The Cabinet shall determine the procedures for organising
and implementing control of carriage by road.
(5) For the purposes of controlling carriage by road, mutual
administrative cooperation and assistance between European Union
Member States shall be provided free of charge. A request for
information shall not prevent competent authorities from taking
measures in accordance with the relevant European Union and
national legislation to investigate and prevent infringements of
the requirements laid down in the laws and regulations governing
the use of vehicles hired without drivers for the carriage of
goods. Information provided in accordance with the requirements
laid down in the laws and regulations governing the use of
vehicles hired without drivers for the carriage of goods shall
only be used in respect of the matters for which it is requested.
Any personal data shall be processed solely for the purposes of
ensuring conformity with the requirements of the laws and
regulations governing the use of vehicles hired without drivers
for the carriage of goods by road and shall be carried out in
accordance with Regulation (EU) 2016/679 of the European
Parliament and of the Council of 27 April 2016 on the protection
of natural persons with regard to the processing of personal data
and on the free movement of such data, and repealing Directive
95/46/EC (General Data Protection Regulation).
[16 December 2010; 27 March 2024]
Section 4.1 Accounting
System for the Control of Carriage by Road
(1) An accounting system for the control of carriage by road
is a part of the State information system Integrated Information
System of the Interior which contains the information obtained as
a result of the control of carriage by road.
(2) The purpose of the accounting system for the control of
carriage by road shall be to ensure processing of the necessary
information and promote interinstitutional cooperation when
organising and implementing control of carriage by road.
(3) The Cabinet shall determine the amount of information to
be included in the accounting system for the control of carriage
by road, the authorities entitled to process such information,
the procedures for the inclusion of information in the system and
the retrieval thereof from the system, and also the procedures
for processing the information included in the system and the
storage periods thereof, and the procedures for the exchange of
information through the Internal Market Information System
(hereinafter - the IMI System) developed in accordance with
Regulation (EU) No 1024/2012 of the European Parliament and of
the Council of 25 October 2012 on administrative cooperation
through the Internal Market Information System and repealing
Commission Decision 2008/49/EC.
[15 June 2017; 10 March 2022]
Section 4.2 Transport
Control Service of a Local Government
(1) The transport control service of a local government is an
authority formed by a local government or an official appointed
thereby and the purpose of its actions is to ensure the carriage
by road that conforms to the laws and regulations of the Republic
of Latvia by supervising and controlling the carriage by
road.
(2) In order to control the conformity of the carriage by road
with the requirements laid down in laws and regulations, the
officials of the transport control service of a local government
are entitled to:
1) stop road vehicles used for the carriage of passengers for
hire or reward or road vehicles intended for the transportation
of goods;
2) perform control purchases and place control purchase
orders.
(3) The Cabinet shall determine the procedures by which the
transport control service of a local government stops road
vehicles used for the carriage of passengers for hire or reward
and road vehicles intended for the carriage of goods.
(4) A local government which does not have a transport control
service of a local government established may delegate all or
some of the tasks of the service, including the conduct of
administrative offence proceedings, to another local
government.
[13 June 2019; 27 March 2024]
Section 5. Road Transport
Administration
[29 October 1998]
Section 5.1 Road
Transport Administration
(1) When implementing the requirements of the laws and
regulations for the carriage of passengers and goods by road, the
Road Transport Administration shall, according to its competence
and in accordance with the international and European Union
requirements, ensure:
1) the quality and development of activities related to
carriage by road;
2) the development and administration of an Informative
Database of Road Transport Operators;
3) the information necessary for the fulfilment of the
functions of State administration in the road transport
sector;
4) the activities specified in international intergovernmental
and interministerial agreements;
5) the participation of Latvia in the meetings of joint
commissions established within the scope of the operation of
international agreements on carriage by road, the Group on Road
Transport of the International Transport Forum (ITF), and other
international organisations related to the road transport
sector;
6) the issuance, cancellation, and temporary suspension of
cards for the digital control device (tachograph) for recording
work and rest time of the driver of a vehicle in accordance with
the procedures stipulated by the Cabinet;
61) the fulfilment of the function of the competent
authority of the digital tachograph system of the European Union
Member State;
7) the issuance of authorisations for the international
carriage of passengers and goods by road;
8) the issuance of European Community licences, copies of
European Community licences, and driver attestations for the
international carriage of passengers and goods, their
cancellation or temporary suspension in accordance with the
procedures stipulated by the Cabinet;
9) the fulfilment of Regulation (EU) No 181/2011 of the
European Parliament and of the Council of 16 February 2011
concerning the rights of passengers in bus and coach transport
and amending Regulation (EC) No 2006/2004 (hereinafter -
Regulation (EU) No 181/2011) in accordance with Article 28(1) of
Regulation (EU) No 181/2011;
10) the review of passenger complaints which have not been
resolved in accordance with Article 27 of Regulation (EU) No
181/2011;
11) the registration of drivers for taxi service and
commercial passenger car service in accordance with the
procedures stipulated by the Cabinet;
12) [13 June 2019];
13) the registration of bus stations, suspension or
cancellation of their registration, inspection of the bus station
service fee and supervision of the operation of bus stations for
servicing journeys in routes of regional significance;
14) the organisation of examinations and issuing of
certificates of professional competence for a transport manager
in accordance with Article 8(3) of Regulation (EC) No 1071/2009
of the European Parliament and of the Council of 21 October 2009
establishing common rules concerning the conditions to be
complied with to pursue the occupation of road transport operator
and repealing Council Directive 96/26/EC (hereinafter -
Regulation No 1071/2009);
15) the issuing of special permits (licences) and licence
cards for the carriage of passengers by bus for hire or reward,
commercial passenger car service, and carriage of goods;
16) the registration of the providers of website and mobile
application services and cancellation of registration
thereof;
17) the issuing and cancellation of certificates for
own-account carriage of passengers and goods;
18) the performance of the tasks of the competent authority in
accordance with Article 10 of Regulation No 1071/2009;
19) the keeping of the national electronic register specified
in Article 16 of Regulation No 1071/2019 within the framework of
the Informative Database of Road Transport Operators;
20) the fulfilment of the obligations assigned to the national
contact point with regard to the exchange of information with
other Member States in accordance with the requirements laid down
in the laws and regulations governing the use of vehicles hired
without drivers for the carriage of goods.
(2) The Cabinet shall issue regulations regarding approval of
the price list of such services which are provided by the Road
Transport Administration upon fulfilling the State administration
tasks delegated thereto.
(3) Submissions, documents appended to submissions, and powers
of attorney may also be submitted to the Road Transport
Administration electronically by filling in a special online form
on the website of the Road Transport Administration at www.atd.lv
(e-service), not using a secure electronic signature, indicating
an electronic mail address for communication. The means of
identification of a person available in the single application
module ensured by the State Regional Development Agency shall be
used for identification.
[2 December 2004; 5 May 2005; 1 December 2005; 4 April
2007; 13 December 2007; 12 May 2011; 7 February 2013; 28
September 2017; 13 June 2019; 17 June 2020; 27 March
2024]
Section 5.2 Road
Transport Inspectorate
[16 December 2010]
Section 5.3 State
Police
(1) The State Police shall supervise and control the carriage
by road in order to ensure carriage by road conforming to the
laws and regulations of the Republic of Latvia and international
regulatory enactments binding on the Republic of Latvia.
(2) The State Police shall prepare information in accordance
with Article 17 of Regulation (EC) No 561/2006 of the European
Parliament and of the Council 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
(hereinafter - Regulation No 561/2006) and the Commission
Decision of 22 September 2008 drawing up the standard reporting
form referred to in Article 17 of Regulation (EC) No 561/2006 of
the European Parliament and of the Council which has been taken
on the basis of the abovementioned Article, and communicate the
relevant information to the European Commission.
[16 December 2010; 15 June 2017]
Section 5.4 Operation of
Individual Contested or Appealed Administrative Acts
Contesting or appeal shall not suspend the operation or
enforcement of the following administrative acts:
1) the decision to issue, cancel or temporarily suspend a card
for the digital control device (tachograph) for recording work
and rest time of the driver of a vehicle;
2) the decision to issue, cancel or temporarily suspend a
European Community licence for the carriage of passengers by bus
for hire or reward or carriage of goods by goods road vehicle for
hire or reward in the territory of the European Union;
3) the decision to issue, cancel or temporarily suspend a copy
of the European Community licence for the carriage of passengers
by bus for hire or reward or carriage of goods by goods road
vehicle for hire or reward in the territory of the European
Union;
4) the decision to issue, cancel or temporarily suspend the
authorisation for the international carriage of passengers or
goods by road;
5) the decision to issue, cancel or temporarily suspend the
special permit (licence) for the carriage of passengers by bus
for hire or reward or carriage of goods by heavy goods vehicle
for hire or reward;
6) the decision to issue, cancel or temporarily suspend the
licence card for the carriage of passengers by bus for hire or
reward or carriage of goods by heavy goods vehicle for
reward;
7) the decision to register the driver for taxi service or
commercial passenger car service, or removal thereof from the
register;
8) the decision to issue or cancel the special permit
(licence) for taxi service or commercial passenger car
service;
9) the decision to issue or cancel the licence card for taxi
service or commercial passenger car service;
10) the decision to register a bus station, to suspend or
cancel the registration thereof;
11) the decision to cancel the registration of the provider of
a website or mobile application service or to block the website
application;
12) the decision to issue or cancel the certificate for the
own-account carriage of passengers and goods.
[12 May 2011; 28 September 2017; 13 June 2019]
Chapter II
Carriage of Goods by Road
Section 6. Licensing Carriage of
Goods
(1) Carriage of goods by an N category vehicle or an N
category vehicle with a trailer or a semi-trailer with a total
permissible laden weight exceeding 2.5 tonnes may be performed if
the carrier has obtained the special permit (licence) for the
carriage of goods by a goods vehicle for hire or reward from the
Road Transport Administration and meets the requirements of
Article 3 of Regulation No 1071/2009.
(2) The special permit (licence) shall grant a carrier the
right to perform carriage of goods only by road vehicles which
are in the possession thereof or, in accordance with the
procedures stipulated by the Cabinet, by road vehicles which are
in the possession of other persons.
(3) In relation to each N category vehicle or N category
vehicle with a trailer or a semi-trailer with a total permissible
laden weight exceeding 2.5 tonnes, the carrier shall receive a
licence card from the Road Transport Administration for the
carriage of goods for hire or reward in the territory of Latvia.
If the laden weight of an N category vehicle or an N category
vehicle with a trailer or a semi-trailer exceeds 2.5 tonnes but
does not exceed 3.5 tonnes and if it is subject to the lowest
financial requirements specified in the second sentence of
Article 7(1) of Regulation No 1071/2009, an appropriate note
shall be made in the received licence card.
(31) A copy of the European Community licence
issued by the Road Transport Administration for the carriage of
goods by goods road vehicle for hire or reward in the territory
of the European Union shall also be valid for the carriage of
goods for hire or reward in the territory of Latvia.
(4) The procedures for issuing, cancelling, and temporary
suspending special permits (licences) and licence cards in
relation to road vehicles for carriage of goods, professional
competence certificates and permits for the international
carriage of goods shall be determined by the Cabinet.
(5) A State fee shall be paid for the issuance of the special
permit (licence) for the carriage of goods by heavy goods
vehicles for hire or reward, and the amount and payment
procedures thereof shall be determined by the Cabinet.
(6) The Road Transport Administration shall issue the special
permit (licence) and licence card, making an entry in the
Informative Database of Road Transport Operators and without
drawing up a separate written decision. At the same time,
information on the issuing of the special permit (licence) and
licence card shall be published on the website of the Road
Transport Administration and sent to the electronic mail address
specified by the carrier in the application. The special permit
(licence) shall be issued for ten years. The licence card shall
be issued for a period of time up to 12 months. The special
permit (licence) and the licence card shall become valid on the
day when information on the issuing of the special permit
(licence) and the licence card is published on the website of the
Road Transport Administration.
(7) The special permit (licence) or the licence card may be
cancelled:
1) if the carrier does not conform to the requirements of
Article 3(1) of Regulation No 1071/2009;
2) if the infringements referred to in Commission Regulation
(EU) 2016/403 of 18 March 2016 supplementing Regulation (EC) No
1071/2009 of the European Parliament and of the Council with
regard to the classification of serious infringements of the
Union rules, which may lead to the loss of good repute by the
road transport operator, and amending Annex III to Directive
2006/22/EC of the European Parliament and of the Council, have
been established in respect of the carrier;
3) if the Road Transport Administration receives information
from the controlling bodies that the carrier gravely violates the
requirements of the laws and regulations of the Republic of
Latvia, and also of international agreements binding upon Latvia
in the field of road transport and road traffic safety;
4) if the carrier has not had, for more than a year, a heavy
goods vehicle at its disposal to which the licence card or a copy
of the European Community licence has been issued.
(8) The licence card shall be cancelled if the Road Transport
Administration establishes or receives information from the
controlling bodies that the carrier does not have legal grounds
to use the road vehicle.
(9) A carrier shall, in accordance with the requirements of
Article 4 of Regulation No 1071/2009, select a transport manager
who manages transport operations in one or two undertakings in
accordance with the conditions of Article 4(2)(c) of Regulation
No 1071/2009.
(10) A carrier, the legal representatives thereof, and the
transport manager must meet the requirements for good repute laid
down in Article 6(1), third subparagraph, points (a) and (b) of
Regulation No 1071/2009 and information on criminal record in
specific areas recorded in the Punishment Register shall be taken
into account in the assessment of conformity with these
requirements.
(11) Each year, until 31 January, on the basis of a request
from the Road Transport Administration, the State Revenue Service
shall provide information on the number of persons employed by
licensed freight carrier companies as on 31 December of the
previous calendar year.
[2 December 2004; 5 May 2005; 12 May 2011; 13 June 2019; 17
June 2020; 10 March 2022; 27 March 2024]
Section 6.1 Requirements
in Relation to the Professional Competence of Drivers Performing
Carriage of Goods
(1) Drivers who have the professional knowledge necessary for
such carriage may carry goods by heavy goods vehicles or
combinations thereof for the driving of which the driverʼs
licence for C1, C1E, C, or CE category vehicles or an equivalent
driverʼs licence is required. The professional knowledge obtained
shall be certified by the entry "Code 95" in the driverʼs licence
or in the driver qualification card. The professional knowledge
obtained by drivers who are employed by an undertaking which has
received a European Community licence for the carriage of goods
by goods road vehicle for hire or reward in the territory of the
European Union and for whom a driver attestation is required in
accordance with Article 5 of Regulation (EC) No 1072/2009 of the
European Parliament and of the Council of 21 October 2009 on
common rules for access to the international road haulage market
may be certified by the entry "Code 95" in the driver attestation
or by the driver attestation issued before 23 May 2020 in
accordance with Regulation (EC) No 1072/2009 of the European
Parliament and of the Council of 21 October 2009 on common rules
for access to the international road haulage market (hereinafter
- Regulation No 1072/2009).
(2) The drivers driving the following vehicles shall be exempt
from the compliance with the requirement laid down in Paragraph
one of this Section:
1) vehicles the maximum authorised speed of which does not
exceed 45 kilometres per hour;
2) vehicles which are used or controlled by the national armed
forces, civil protection service, fire-fighting service, forces
for maintaining public order, and emergency medical service when
the carriage is performed in relation to the tasks assigned to
the abovementioned services;
3) vehicles for which driving tests are performed for the
purposes of technical development, repair, or service, or drivers
driving new or rebuilt vehicles which have not been put into
service yet;
4) vehicles which are used in emergency situations or which
are intended for the performance of rescue tasks, including
vehicles which are used for non-commercial carriage of
humanitarian assistance cargoes;
5) vehicles which are used in a driving test or driving
lessons, training any person who wishes to obtain the right to
drive (including providing additional training with the employer)
in the presence of a driver who has the necessary professional
knowledge or in the presence of a driving instructor who has the
right to train drivers to drive vehicles of the relevant
categories if the abovementioned vehicles are not used for
carriage of goods by goods road vehicle for hire or reward;
6) vehicles which are used for non-commercial carriage of
goods;
7) vehicles with which materials, equipment, or machinery used
by the drivers as part of their work are transported, if driving
a vehicle is not the main activity of the driver;
8) vehicles with which carriage of goods is performed in rural
areas for their own business needs if the transport service is
not provided and the carriage is occasional;
9) vehicles which are used or leased without a driver by
agricultural, gardening, forestry, farming, or fishing
undertakings in order to carry goods related to their commercial
activities, except for cases where the carriage is part of the
main activity of the driver or exceeds a distance of 100
kilometres from the base of the undertaking which owns or leases
the vehicle.
(21) A driverʼs licence for C or CE category
vehicles with the entry "Code 95" that gives the right to perform
carriage of goods with the vehicles corresponding to this
category shall be issued to a person who has obtained the
professional knowledge necessary for performing carriage of goods
and has reached 18 years of age.
(22) The professional knowledge necessary for the
carriage of goods may be obtained by the persons specified in
Section 22, Paragraph one, Clause 1 of the Road Traffic Law.
(3) The knowledge necessary for drivers for the carriage of
goods, as well as the procedures for the initial and periodic
training shall be determined by the Cabinet.
[22 June 2006; 7 February 2013; 17 June 2020; 10 March
2022; 27 March 2024]
Section 7. Contracts of the Carriage
of Goods
(1) Carriage of goods by road shall be performed according to
a contract on the basis of which the carrier undertakes to
deliver goods entrusted by the consignor to the place of
destination and to the issue thereof to the consignee, but the
consignor undertakes to pay for the carriage of goods.
(2) It is prohibited for the parties to include such
provisions in the contract of carriage the implementation of
which may cause violations of the work and resting regime of the
driver, as well as of the road-traffic regulations.
(3) If the goods carriage contract is concluded with a
forwarder and the forwarder acts in its own name, the obligations
and liability of a consignor in accordance with this Law shall
apply to the forwarder when specifying the price of the carriage
in the contract.
[2 December 2004]
Section 8. Concluding a Goods
Carriage Contract
(1) A goods carriage contract may be concluded orally or in
writing for the carriage of individual goods or for the
performance of the carriage of goods within a particular period
of time.
(2) An oral agreement shall be considered to be concluded from
the moment when the goods are entrusted for carriage.
(3) The following are only to be concluded in writing:
1) contracts of the carriage of goods for the performance of
which direct mixed traffic is intended to be used;
2) contract for the international carriage of goods;
3) contracts for the carriage of dangerous goods;
4) contracts in all cases when so required by the
consignor;
5) contracts in the case of intermodal transport
operations.
(4) Acceptance of orders by drawing up a consignment note of a
particular form (hereinafter - the consignment note) shall be
treated as concluding a written contract.
[2 December 2004; 15 June 2017]
Section 9. Content of the
Consignment Note
(1) Unless otherwise provided for in other laws and
regulations, the consignment note shall be drawn up in at least
three copies and they shall be signed by a consignor and the
carrier. The first copy of the consignment note shall be issued
to a consignor, the second - to a consignee, but the third copy
of the consignment note shall be kept by the carrier. Drawing up
of multiple copies of the consignment note shall apply only to
the consignment notes drawn up in paper form.
(2) The consignment note shall be prepared by a consignor. If
a consignor or carrier wishes so, the consignment note may be
drawn up for each road vehicle or each type of goods or
separately for each part (batch) of the goods.
(3) The consignment note shall include the following
information:
1) the place and date of issue of the consignment note;
2) the name (or given name and surname) and address of the
consignor;
3) the name (or given name and surname) and address of the
carrier;
4) the place and date of the receipt of the goods and the
place of delivery;
5) the name (or given name and surname) and address of the
consignee;
6) the accepted designation for the characterisation of the
goods and the type of packaging thereof, if dangerous goods are
being transported - the generally accepted designation
thereof;
7) the number of goods units, their special marking and
numbering;
8) the gross weight of the goods or the amount of the goods in
other units of measurement;
9) payments related to the carriage of the goods (cost of
carriage, supplementary payments, customs duties and taxes), as
well as other payments from the moment of concluding a goods
carriage contract until the issuance of the goods;
10) instructions which must be complied with when drawing up
customs documents regarding the export of goods and objects
across the State border under customs control and when complying
with the requirements of other control institutions;
11) [2 December 2004];
12) in the case of an intermodal transport operation, the
weight of a container or a swap body which is used within the
framework of the relevant transport operation.
(4) If necessary, the consignment note shall also specify:
1) a prohibition to perform reloading;
2) payments which must be settled by the consignor;
3) payments which must be settled when transferring the
goods;
4) the value of the goods in the delivery of which the
consignor is specially interested;
5) the consignor's instructions for the carrier regarding the
insurance of the goods;
6) an agreed term within which the carriage must be
performed;
7) the documents transferred to the carrier.
(5) Any other necessary information may be referred to in the
consignment note.
(6) The consignment note shall be endorsed, if the consignment
note indicates so directly.
(7) The failure to draw up the consignment note or loss
thereof shall not affect the validity of the contract of carriage
if the parties do not object to the performance of the
contract.
[2 December 2004; 15 June 2017; 10 March 2022]
Section 10. Supplementary Documents
Prepared by the Consignor
A consignor shall attach to the consignment note or transfer
for the disposal of the carrier the documents and information
necessary for compliance with the requirements of customs and
other control institutions.
Section 11. Obligations of a Carrier
when Transferring a Road Vehicle
(1) A carrier shall, at a previously agreed upon time,
transfer a road vehicle which shall be in good technical
condition, suitable for the carriage of the relevant type of
goods and comply with sanitary requirements.
(2) The suitability of the road vehicle for the carriage of a
relevant type of goods (commercial readiness) shall be determined
by a consignor.
(3) If deficiencies in the road vehicles, which may affect the
safekeeping of goods, are detected during carriage, a consignor
is entitled to refuse the loading of the goods into such road
vehicle.
Section 12. Obligations of a
Consignor and Carrier when Receiving and Transferring Goods for
Carriage
(1) A consignor has the obligation to transfer goods for
carriage in such tare or packaging which is necessary for the
safekeeping of the goods.
(2) The goods must be grouped and the necessary documents must
be prepared for each consignee separately.
(3) When accepting goods for carriage, a carrier shall, upon
the request of a consignor, present to him or her documents
confirming the right of carriage. A carrier must verify whether
the goods have been loaded into and fixed in a road vehicle in
compliance with the requirements of traffic safety and the
operation of the road vehicle. If the carrier has, while
performing an external inspection, found that the goods have been
loaded and fixed incorrectly and the safekeeping thereof is
threatened, it has the obligation to notify the consignor
thereof. Upon request of the carrier, the consignor must
eliminate the deficiencies found during the loading and fixing of
goods. Regulations for the placement and fixing of goods shall be
issued by the Cabinet.
(4) If a consignor refuses to eliminate the deficiencies found
when loading and fixing goods or if the goods do not correspond
to the provisions of Paragraph one of this Section, the carrier
is entitled to refuse the carriage of such goods and consider the
goods not to be transferred for carriage. A note in the transport
documentation of the goods shall be made thereon.
(5) Regulations regarding the carriage of dangerous goods
shall be issued by the Cabinet.
(6) [13 October 2022]
[29 October 1998; 10 May 2001; 13 October 2022]
Section 13. Loss of Goods
(1) A consignor and consignee have the right to consider goods
to be lost and to seek compensation for the lost goods if it has
not been issued within 30 days after the moment of transferring
the goods agreed upon in the contract of carriage or in cases
where the contract does not specify the moment of transferring
the goods - within 60 days from the registration of the goods for
carriage.
(2) If the goods for the loss of or shortage in which the
carrier has paid a reimbursement is subsequently found, the
consignee has the right to receive such goods if he or she repays
the received reimbursement to the carrier.
Section 14. Registration of the
Completion of Carriage
The procedures for registering the performance of regular
(continuing) service contracts shall be determined by the parties
by common accord.
Section 15. Allocation of Loading
and Unloading Obligations, as well as Obligations of Cleaning up
a Road Vehicle
(1) The devices and ancillary materials necessary for loading
and unloading goods shall be allocated and installed by a
consignor, but removed by a consignee, unless otherwise specified
in the contract.
(2) Resources for covering and fixing the goods shall be
allocated by the carrier, unless otherwise specified in the
contract.
(3) A carrier shall transfer to a consignee all devices which
belong to the consignor together with the goods or deliver back
to it in accordance with the consignor's instruction in the
consignment note.
(4) Accounts for the abovementioned operations are performed
according to the procedures specified in the contract.
(5) Goods shall be loaded into, fixed, covered, and fastened
in a road vehicle by the consignor, but the coverings and
fastenings shall be removed and the goods shall be unloaded by
the consignee.
(6) A carrier, upon agreement with a consignor or consignee,
may undertake loading and unloading of goods. The contract shall
specify the provisions for providing ancillary services.
(7) After unloading goods, a consignee shall, with his or her
own resources, put in order the road vehicles and containers by
cleaning out the remains of the goods, but after the
transportation of animals, birds, and perishable goods and
similar goods they shall be washed and, where necessary,
disinfected.
(8) In cases specified in the contract, the washing and
disinfection of road vehicles and containers shall be performed
by a consignor. The consignor shall make a note in the
consignment note regarding the performed sanitary technical
treatment.
Section 16. Obligations and Rights
to Act with Goods
(1) A consignor has the right to request that a carrier
discontinues carriage, changes the place of delivery of goods or
transfers the goods to a consignee who is not specified in the
consignment note.
(2) A consignor shall lose the rights specified in Paragraph
one of this Section from the moment the second, third, and fourth
copies of the consignment note are transferred to the consignee.
From that moment the carrier must comply with the instructions of
the consignee. The consignor shall also lose the rights specified
in Paragraph one of this Section in cases where the goods has
been lost or has not arrived within the specified term, as well
as from the moment the right to bring an action in person has
arisen for the consignee concerning the loss of the goods.
(3) If the consignee provides an instruction to transfer the
goods over to another person by exercising his or her right to
act with the goods, such a person is not entitled to re-route the
goods.
(4) The right to act with goods shall be implemented in
compliance with the following rules:
1) the consignor has to submit to the carrier the first copy
of the consignment note in which new instructions and procedures
for the reimbursement of expenses and losses which may be
incurred when complying with such instructions shall be
entered;
2) the fulfilment of such instructions must be possible at the
moment the person who has to comply therewith receives the right
to act with the goods;
3) the fulfilment of the instructions may not impede the
performance of a normal course of work in the carrier's
undertaking and to cause losses to other consignors and
consignees;
4) division of goods may not be permitted if it has one
consignment note or the goods is not to be divided.
(5) If a carrier fails to fulfil the given instructions due to
the reasons referred to in Paragraph four, Clauses 2 and 3 of
this Section, it must notify the person who has given the
instructions thereof without delay.
(6) A carrier who has failed to fulfil the instructions given
in accordance with the procedures laid down in this Section or
has fulfilled them without requesting that the first copy of the
consignment note be issued to it shall be liable to the person
who has the right to submit a claim regarding the losses
caused.
Section 17. Determination of the
Amount, Labelling, and Packaging of Goods
(1) When transferring and accepting goods for carriage which
is carried without tare, as well as bulk, liquid goods, and goods
in containers, a consignor must determine and show in the
consignment note the weight of such goods.
(2) Goods in tare and piece goods shall be accepted for
carriage in compliance with a consignment note showing the weight
and number of units of the goods. The consignor shall determine
the weight and number of units of the goods in tare and piece
goods before they are transferred for carriage. The total weight
of the goods shall be determined by weighing the goods or
calculating its weight in compliance with the number of the goods
units according to the calculating table or standard. The weight
of individual goods may be determined by calculating it on the
basis of the volume proportion or notionally.
(3) The goods services of rail terminals, ports (quaysides)
and airports shall transfer the goods to the carrier, inspecting
the weight or number of units of the goods, as well as the state
of the goods. The goods in tare and piece goods shall be
transferred, examining only the weight and state of damaged goods
units.
(4) When carrying goods in closed road vehicles and trailers,
the weight of the goods in separate sections of the road vehicle,
containers, and tanks which have been sealed by a consignor shall
be determined by a consignor, unless otherwise provided for in
the contract.
(5) The weight of goods in the consignment note shall be
entered by a consignor, specifying the type of specification
thereof.
(6) Loaded closed road vehicles and trailers, separate road
vehicle sections, containers and tanks which are to be delivered
to one consignee, as well as small piece goods which are in
boxes, tins and other tare, must be sealed by a consignor.
[1 December 2005]
Section 18. Transfer of Goods to a
Consignee at the Place of Destination
(1) Goods by weight and goods units shall be transferred to a
consignee in accordance with the same procedures by which it was
accepted from a consignor.
(2) When transferring goods, the presence of a carrier in the
inspection of the weight, state, and number of goods units of the
goods shall not be necessary, provided that the goods have been
delivered in closed road vehicles, trailers, separate sections of
a road vehicle, containers and tanks with undamaged seals of a
consignor.
(3) When transferring goods, a carrier must participate in the
inspection of the weight, state, and number of goods units of the
goods if:
1) the goods has been delivered in a damaged or open load bin
of a road vehicle or in a load bin in working order, but with
damaged seals;
2) perishable goods has not been delivered within the
specified time period for carriage or the temperature regime has
not been complied with in the carriage thereof.
(4) A carrier shall transfer goods in tare and piece goods,
examining only the weight and state of the damaged goods units.
If damage to the tare or other circumstances have been found
which may affect the state of goods, the carrier, together with
the consignee, must examine the damaged units of goods by opening
them.
(5) If a consignee does not have truck scales and there are no
signs of a shortage in goods, the delivered goods without tare
and bulk goods shall be transferred without weighing.
(6) At the place of destination, the carrier shall transfer
goods to the consignee indicated in the consignment note or
specified by the contract.
(7) A carrier and consignee shall verify the transfer and
receipt of goods with a signature and seal (stamp) on each copy
of the consignment note, the three of which shall be transferred
to the consignee, but the rest shall remain with the carrier.
(8) If a shortage in goods, spoilage or damage of goods is
found when checking the weight, the number of units or state of
goods, the carrier and consignee must specify the amount of the
weight shortage, spoilage or damage and a note thereon must be
made in the consignment note or a deed must be drawn up if there
is not a consignment note.
(9) If expert examination is required, the carrier shall, upon
its own initiative or upon request of the consignee, invite
experts.
Section 19. Right of a Consignee to
Refuse to Accept Goods
(1) A consignee has the right to refuse to accept goods fully
or partly only if it has become completely or partly unusable for
the specified purpose, as well as if the goods is not addressed
to him or her.
(2) The impossibility to use goods must be proved by a
consignee, unless otherwise provided for in the contract.
(3) While a carrier has not received the relevant instructions
from a consignor as regards to how the goods should be handled,
the consignee may change his or her decision and accept the
goods.
Section 20. Liability of a Consignee
for Unfounded Refusal to Accept Goods
A consignee who has unfoundedly refused to accept goods,
referring to the spoilage thereof as a reason for it, shall be
liable for the damage of the goods which has occurred after the
refusal to accept it.
Section 21. Obligations of Consignor
and Consignee if a Consignee Refuses to Accept Goods
If a consignee refuses to accept goods from a carrier, the
consignor may re-route the goods to another consignee. A
consignee must make an entry in the consignment note on the
refusal to accept the goods and specify the reasons for the
refusal.
Section 22. Obligations of a
Consignor and Carrier when Re-routing Goods
(1) If circumstances have arisen which impede the transfer of
goods at the specified place, a carrier shall, without delay,
request instructions from a consignor.
(2) A consignor shall, within the term specified in the
contract, give instructions to a carrier regarding the new place
of delivery of goods or regarding the possible sale of such
goods.
(3) A consignor shall reimburse to a carrier all expenses
related to the carriage, re-routing, and sale of goods.
(4) If re-routing of goods takes place on the way, an entry
thereon must be made in all copies of the consignment note.
(5) If it is impossible for a carrier to deliver goods to the
new place, it may refuse such carriage, informing a consignor
about it. In such a case, the carrier shall return the goods to
its consignor.
Section 23. Rights of a Carrier to
Act with Unaccepted Goods
(1) A carrier may, without waiting for instructions from a
consignor, sell the goods which has not been accepted by the
consignee if:
1) such necessity is caused by the state of the goods or the
spoilage thereof;
2) expenses for the storage are disproportionate compared to
the usual value of the goods;
3) no instructions from the consignor or a person authorised
thereby have been received within the term specified in the
contract.
(2) A carrier shall return to the consignor the amount which
has been received from the sold goods, having deducted the
distribution expenses beforehand therefrom. If income from the
distribution of goods exceeds the value of the goods specified by
the consignor and the distribution expenses, the carrier has the
right to keep the difference.
(3) If a consignee refuses to accept the delivered goods or
such goods may not be transferred due to other reasons, a carrier
may unload it at the expense of a consignor; the carriage shall
be considered completed after unloading. In such a case, the
carrier may entrust the storage of goods to a third person and
then it shall be responsible only for the choice of such a third
person. The carrier may also deliver back such goods at the
expense of the consignor.
Section 24. Payments for Carriage of
Goods
Payments for the carriage of goods shall be settled by the
consignor or consignee in accordance with the contract, on the
basis of the carrier's invoices. The invoice for the carriage
performed shall be submitted and paid in accordance with the
procedures specified in the contract.
Section 25. Liability of a
Consignor, a Contractor, or a Sub-contractor
(1) A consignor must compensate for losses caused in relation
to the fulfilment of the obligations (failure to fulfil the
obligations) of the consignor specified in the contract of
carriage and laws and regulations, as well as pay a penalty if
the parties have agreed upon such.
(2) If, without informing a carrier, such goods has been
transferred for carriage the carriage of which is prohibited or
during the carriage of which special precautionary measures must
be taken, as well as if the name of the goods or its special
features have been indicated incorrectly, the consignor must
compensate for losses incurred and pay the penalty if the parties
have agreed upon such.
(3) A consignor, a contractor, or a sub-contractor shall, when
transferring goods for carriage, have joint liability for
ensuring that a carrier performs carriage in accordance with the
requirements of Chapters II and III of Regulation No
1072/2009.
[10 March 2022]
Section 26. Liability of a
Carrier
(1) A carrier shall be liable for complete or partial loss,
shortage, spoilage or damage of goods caused from the moment the
goods is accepted until the moment when the goods is transferred,
as well as for late delivery.
(2) A carrier shall not be liable for loss, shortage, spoilage
or damage of goods if it proves that it has happened due to the
following reasons:
1) due to the fault of a consignor (consignee);
2) due to lack of tare or packaging which, upon acceptance of
the goods for carriage, could not be noticed from the external
appearance or because such tare has been used which fails to
comply with the special features or standards of the goods
(except for the cases where there are signs that damage to the
tare have been caused on the way);
3) if goods has been transferred for carriage without
specifying in the transport documents the particular
characteristics of the goods for which special safety rules must
be complied with or relevant measures must be taken in order to
ensure safe-keeping of the goods in the carrying or storing
thereof.
(3) A carrier shall be liable for the failure to keep goods
safe if a consignee or another person who is authorised to submit
claims proves that the failure to keep the goods safe has
occurred due to the fault of the carrier in cases where:
1) the goods has been received in an undamaged road vehicle
(container) with undamaged seals of the consignor, but piece
goods - with undamaged protection signs, printed matter and
consignor's seals;
2) the goods has not been kept safe due to natural
circumstances independent of the carrier (corrosion, desiccation,
natural putrefaction, goods damaged by various vermin and
rodents, etc);
3) the goods has been carried accompanied by a representative
of a consignor or consignee or by a forwarder;
4) the shortage in goods does not exceed standards with
respect to natural losses.
(4) A carrier must compensate for losses incurred in relation
to the performance of the obligations (failure to perform the
obligations) of the carrier specified in the contract of carriage
and laws and regulations, as well as pay a penalty if the parties
have agreed upon such.
Section 27. Extent of a Carrier's
Liability for Failure to Comply with Contractual Obligations
(1) A carrier shall compensate for losses incurred as a result
of failure to comply with contractual obligations in the
following amounts:
1) for loss of or a shortage in goods - the normal value of
the goods lost or the shortage;
2) for spoilage or damage of the goods - the amount by which
the value of the goods has decreased;
3) for loss of such goods which has been transferred for
carriage with a previously declared value - in the amount of the
declared value if the carrier fails to prove that the value has
been less.
(2) When compensating for the established loss incurred in
relation to the loss, shortage, spoilage or damage of the goods
to be carried, a carrier shall also compensate the cost of
carriage paid for the carriage of the lost, missing, spoiled or
damaged goods if such cost is not included in the price of the
goods, as well as compensate for the losses caused and the lost
profits.
(3) Unless the contract provides otherwise, the value of goods
shall be determined at the place and time of registration of the
goods in compliance with the price in the commodity exchange or,
if there is no such, in compliance with the relevant market price
or, in case there is neither the commodity exchange price nor
market price, in compliance with the normal value of the goods of
the same type and quality.
(4) If there is disagreement between a carrier and a
consignor, the value of goods shall be determined by an expert
selected by the carrier and consignor (consignee).
Section 28. Liability of a
Forwarder
A forwarder shall, in accordance with law or the contract,
compensate a consignor for losses incurred due to the fault of
the forwarder in relation to the failure to perform freight
forwarding services or unlawful actions during the performance of
such services.
Chapter III
Carriage of Passengers and Luggage
Section 29. Road Vehicles for
Carriage of Passengers
(1) Carriage of passengers shall be performed by road vehicles
(buses, cars, etc) intended for such a purpose.
(2) Taxi service shall be performed by a passenger car of
category M1 in the ownership or holding of a carrier.
(3) [2 December 2004]
(4) Commercial passenger car service shall be performed by a
passenger car of category M1 in the ownership or holding of a
carrier.
(5) Taxi service and commercial passenger car service shall be
provided with a road vehicle which corresponds to the following
environmental protection requirements:
1) it has been registered for the first time before 31
December 2008 and the engine capacity thereof does not exceed
2000 cubic centimetres;
2) it is first registered after 1 January 2009 and its maximum
carbon dioxide (CO2) emissions in grams per kilometre
according to the New European Drive Cycle method as defined in
Annex I to Regulation (EC) No 715/2007 of the European Parliament
and of the Council of 20 June 2007 on type approval of motor
vehicles with respect to emissions from light passenger and
commercial vehicles (Euro 5 and Euro 6) and on access to vehicle
repair and maintenance information (hereinafter - Regulation No
715/2007) do not exceed:
a) for a road vehicle with a capacity of up to seven seats -
140 grams;
b) for a road vehicle with a capacity of more than seven seats
- 190 grams;
3) it is first registered after 31 December 2020 and its
maximum carbon dioxide (CO2) emissions in grams per
kilometre according to the Worldwide Harmonised Light Vehicle
Test Procedure as defined in Annex I to Regulation No 715/2007 do
not exceed:
a) for a road vehicle with a capacity of up to seven seats -
180 grams;
b) for a road vehicle with a capacity of more than seven seats
- 240 grams.
(51) The requirements of Paragraph five of this
Section shall not apply to a vehicle used in taxi service and
commercial passenger car service which has been rebuilt by
equipping it with a control system specifically intended for a
person with disability.
(6) Taxi service shall be performed by a road vehicle that has
received taxi licence plates in accordance with the procedures
set out in the laws and regulations regarding the registration of
vehicles. It shall be permitted to receive taxi licence plates or
to exchange to registration plates of general use on the basis of
a note made in the State Register of Vehicles and Drivers Thereof
by a planning region or a local government of a State city.
(7) Taxi service shall be performed by a road vehicle that has
been equipped with a taxi identifier, light control signal,
taximeter, and information on the carrier, driver, and
tariffs.
(8) Commercial passenger car service shall be performed by a
road vehicle that has been equipped with information on the
provider of a website or mobile application service, carrier, and
driver.
(9) The Cabinet shall determine the requirements for the
equipment referred to in Paragraphs seven and eight of this
Section and location thereof.
[9 May 2002; 2 December 2004; 4 April 2007; 28 September
2017; 13 June 2019; 17 June 2020; 4 February 2021; 10 March 2022;
27 March 2024 / The amendment regarding the new wording of
Paragraphs two and four shall come into force concurrently with
the relevant amendments to the law On Taxes and Fees which
provide for the right of the State Revenue Service to apply a
prohibition on the use of a road vehicle for carriage by taxi and
passenger car for hire or reward and shall be included in the
wording of the Law on the date of entry into force of the
relevant amendments. Clause 1 of Paragraph five shall be in force
until 31 December 2026. See Paragraphs 50 and 51 of Transitional
Provisions]
Section 29.1 Types of
Regular Passenger Services
[14 June 2007 / See Transitional Provision]
Section 29.2 Subsidising
of Regular Passenger Services
[14 June 2007 / See Transitional Provision]
Section 30. Licensing of the
Carriage of Passengers
(1) Carriage of passengers by bus may be performed if a
carrier has received a special permit (licence) for the carriage
of passengers by bus for hire or reward from the Road Transport
Administration and meets the requirements of Article 3 of
Regulation No 1071/2009 or has received a special permit
(licence) for carriage within the administrative territory of the
State city issued by the local government of the relevant State
city.
(2) A special permit (licence) shall grant a carrier the right
to perform carriage of passengers only by the road vehicles which
are in the possession thereof or, in accordance with the
procedures stipulated by the Cabinet, by the road vehicles which
are in the possession of other persons.
(3) A carrier who performs carriage of passengers by bus in
the territory of Latvia shall receive a licence card in relation
to each road vehicle for a period not exceeding one year.
(31) A copy of the European Community licence
issued by the Road Transport Administration for carriage by bus
for hire or reward in the territory of the European Union shall
also be valid for the carriage of passengers for hire or reward
in the territory of Latvia.
(4) The special permit (licence) issued by the Road Transport
Administration shall give a carrier the right to perform carriage
of passengers by bus also in the administrative territories of
State cities.
(5) The procedures for issuing, cancelling, and temporarily
suspending special permits (licences) and licence cards in
relation to road vehicles for the carriage of passengers by bus,
professional competence certificates, permits for the
international carriage of passengers, and also the procedures for
organising and performing international carriage of passengers,
and opening, changing, and closing routes shall be determined by
the Cabinet.
(51) The provisions referred to in Paragraph five
of this Section in relation to the issuing, cancellation, or
temporary suspension of special permits (licences) and licence
cards shall not be applied, if the relevant special permits
(licences), in accordance with Paragraph one of this Section, and
licence cards for the carriage of passengers by bus, in
accordance with Paragraph three of this Section, are issued by a
local government of a State city. The procedures by which special
permits (licences) and licence cards shall be issued, cancelled,
or temporarily suspended in relation to road vehicles for the
carriage of passengers by bus in the borders of the
administrative territory of a State city shall be determined by
the local government of the relevant State city.
(52) The local government of a State city shall, by
31 January of each year, inform the Road Transport Administration
of the carriers holding a valid special permit (licence) issued
by the local government of the State city on 31 December of the
previous calendar year, indicating the name of the carrier, the
registration number in the commercial register and the special
permit (licence) number, and also the number of the valid licence
cards.
(6) The State fee shall be paid for the issuance of the
special permit (licence) for the carriage of passengers by bus
for hire or reward, and the amount and payment procedures thereof
shall be determined by the Cabinet.
(7) The Road Transport Administration shall issue the special
permit (licence) and licence card, making an entry in the
Informative Database of Road Transport Operators and without
drawing up a separate written decision. At the same time,
information on the issuing of the special permit (licence) and
licence card shall be published on the website of the Road
Transport Administration and sent to the electronic mail address
specified by the carrier in the application. The special permit
(licence) shall be issued for ten years. The licence card shall
be issued for a period of time up to 12 months. The special
permit (licence) and the licence card shall become valid on the
day when information on the issuing of the special permit
(licence) and the licence card is published on the website of the
Road Transport Administration.
(8) The special permit (licence) or the licence card may be
cancelled:
1) if the carrier does not conform to the requirements of
Article 3(1) of Regulation No 1071/2009;
2) if the infringements referred to in Commission Regulation
(EU) 2016/403 of 18 March 2016 supplementing Regulation (EC) No
1071/2009 of the European Parliament and of the Council with
regard to the classification of serious infringements of the
Union rules, which may lead to the loss of good repute by the
road transport operator, and amending Annex III to Directive
2006/22/EC of the European Parliament and of the Council, have
been established in respect of the carrier;
3) if the Road Transport Administration receives information
from the controlling bodies that the carrier gravely violates the
requirements of the laws and regulations of the Republic of
Latvia, and also of international agreements binding upon Latvia
in the field of road transport, public transport, and road
traffic safety;
4) if the carrier has not had, for more than a year, a bus at
its disposal to which the licence card or a copy of the European
Community licence has been issued.
(9) The licence card shall be cancelled if the Road Transport
Administration establishes or receives information from the
controlling bodies that the carrier does not have legal grounds
to use the road vehicle.
(10) A carrier shall, in accordance with the requirements of
Article 4 of Regulation No 1071/2009, select a transport manager
who manages transport operations in one or two undertakings in
accordance with the conditions of Article 4(2)(c) of Regulation
No 1071/2009.
(11) A carrier, the legal representatives thereof, and the
transport manager must meet the requirements for good repute laid
down in Article 6(1), third subparagraph, points (a) and (b) of
Regulation No 1071/2009 and information on criminal record in
specific areas recorded in the Punishment Register shall be taken
into account in the assessment of conformity with these
requirements.
(12) Each year, until 31 January, on the basis of a request
from the Road Transport Administration, the State Revenue Service
shall provide information on the number of persons employed by
licensed passenger carrier companies as on 31 December of the
previous calendar year.
[2 December 2004; 5 May 2005; 6 November 2008; 12 May 2011;
13 June 2019; 17 June 2020; 4 February 2021; 10 March 2022; 27
March 2024]
Section 30.1 Requirements
for the Professional Competence of Drivers Performing Carriage of
Passengers
(1) Drivers who have the professional knowledge necessary for
such carriage may carry passengers by bus or combinations thereof
for the driving of which the driverʼs licence of D1, D1E, D, or
DE category vehicles or an equivalent driverʼs licence is
required. The professional knowledge obtained shall be certified
by the entry "Code 95" in the driverʼs licence or in the driver
qualification card.
(2) The drivers driving the following vehicles shall be exempt
from the compliance with the requirement laid down in Paragraph
one of this Section:
1) vehicles the maximum authorised speed of which does not
exceed 45 kilometres per hour;
2) vehicles which are used or controlled by the national armed
forces, civil protection service, fire-fighting service, forces
for maintaining public order, and emergency medical service when
the carriage is performed in relation to the tasks assigned to
the abovementioned services;
3) vehicles for which driving tests are performed for the
purposes of technical development, repair, or service, or drivers
driving new or rebuilt vehicles which have not been put into
service yet;
4) vehicles which are transported by maintenance staff,
without any passengers, to or from a maintenance centre if such
centre is located near the closest maintenance base which is used
by the carrier provided that driving a vehicle is not the main
activity of the driver thereof;
5) vehicles which are used in emergency situations or which
are intended for the performance of rescue tasks;
6) vehicles which are used in a driving test or driving
lessons, training any person who wishes to obtain the right to
drive (including providing additional training with the employer)
in the presence of a driver who has the necessary professional
knowledge or in the presence of a driving instructor who has the
right to train drivers to drive vehicles of the relevant
categories if the abovementioned vehicles are not used for the
carriage of passengers for hire or reward;
7) vehicles which are used for non-commercial carriage of
passengers.
(21) A driverʼs licence for D or DE category
vehicles with the entry "Code 95" that gives the right to carry
passengers with the vehicles corresponding to this category only
in the territory of Latvia shall be issued to a person who has
obtained the professional knowledge necessary for the carriage of
passengers and has reached 20 years of age.
(22) A driverʼs licence and a driving qualification
card for D1 or D1E category vehicles in which D or DE category is
marked and which contains the entry "Code 95" that gives the
right to provide regular passenger services in the routes of up
to 50 kilometres with the vehicles corresponding to this category
and to drive vehicles of this category without passengers in the
territory of Latvia shall be issued to a person who has reached
18 years of age and who has obtained the professional knowledge
necessary for the carriage of passengers.
(23) The professional knowledge necessary for
performing carriage of passengers may be obtained by the persons
specified in Section 22, Paragraph one, Clause 1 of the Road
Traffic Law.
(3) The knowledge necessary for drivers for the performance of
carriage of passengers, and also the procedures for initial and
periodic training shall be determined by the Cabinet.
[22 June 2006; 7 February 2013; 17 June 2020; 27 March
2024]
Section 31. Classification of Routes
of Regular Passenger Services
[14 June 2007 / See Transitional Provision]
Section 32. Opening, Changing, and
Closing Regular Routes
[14 June 2007 / See Transitional Provision]
Section 32.1 Opening,
Changing, and Closing International Routes
(1) International routes shall be opened, changed, and closed
by the Road Transport Administration. International routes shall
be opened and changed by issuing the relevant authorisations.
(2) A carrier shall publicly notify of changes in
international routes not later than ten days before commencing
carriage in the changed routes, but not later than ten days
before sale of the relevant tickets is commenced.
[14 June 2007; 12 May 2011 / Amendment to Paragraph
one regarding substitution of the words "Ministry of Transport"
with the words "Road Transport Administration" shall come into
force on 30 September 2011. See Paragraph 27 of the Transitional
Provisions]
Section 33. En Route Passenger
Service Points
(1) Routes shall be equipped with en route passenger service
points.
(2) Stops shall be arranged, improved, and maintained by road
owners.
(3) Location and number of bus stations shall be determined by
the relevant local government. A bus station shall be arranged
and maintained by its owner or possessor.
(31) Bus stations servicing journeys in subsidised
routes of regional significance shall be classified into
categories in accordance with the serviced administrative
territory, exiting routes, and the number of passengers
serviced.
(32) The owner or possessor of a bus station shall
submit for inspection to the Road Transport Administration
information on a bus station service fee for servicing journeys
in subsidised routes of regional significance which has been
determined in accordance with the category of the bus station and
the services to be provided mandatorily.
(4) [29 October 1998]
(5) The Cabinet shall determine:
1) the procedures for registering, suspending and cancelling
the registration of bus stations servicing subsidised routes of
regional significance, and also for supervising the operation of
such bus stations;
2) the categories of bus stations servicing subsidised routes
of regional significance and the services to be provided
mandatorily;
21) the standard of the services to be provided
mandatorily by bus stations servicing journeys in subsidised
routes of regional significance;
3) the procedures by which the owner or possessor of a bus
station submits to the Road Transport Administration information
on a bus station service fee for servicing journeys in subsidised
routes of regional significance;
4) the scope and deadlines for submitting information to agree
upon the service fees of bus stations servicing journeys in
subsidised routes of regional significance;
5) the criteria and circumstances when the Road Transport
Administration shall not approve the fee for the bus station
services for the owner or possessor of a bus station servicing
journeys in subsidised routes of regional significance and shall
request recalculation of the bus station service fee for
servicing journeys in subsidised routes of regional
significance;
6) the maximum amount of costs to be included in the service
fee of bus stations servicing journeys in subsidised routes of
regional significance.
(6) The Road Transport Administration shall register a bus
station servicing subsidised routes of regional significance if
the owner or possessor of such bus station has been registered in
the commercial register and does not have any tax debts the total
sum whereof exceeds the total outstanding debts specified in the
law On Taxes and Fees starting from which tax administration
ensures public access to the information. Registration of a bus
station servicing subsidised routes of regional significance
shall give the right to provide bus station services in
conformity with the procedures laid down in laws and
regulations.
(7) The Road Transport Administration shall suspend or cancel
the registration of a bus station servicing subsidised routes of
regional significance if a substantial infringement of the laws
and regulations governing the field of carriage by road is
discovered in the operation of the owner or possessor of a bus
station servicing subsidised routes of regional significance.
[29 October 1998; 30 September 1999; 2 December 2004; 14
June 2007; 28 September 2017; 13 June 2019; 10 March 2022; 27
March 2024]
Section 34. Timetables of those Road
Vehicles which Provide Regular Passenger Services
(1) Regular passenger services may be provided only according
to an approved timetable. The timetables of those road vehicles
which provide regular passenger services shall be coordinated
with timetables of other modes of transport.
(2) The timetables for international routes shall be approved
by the Road Transport Administration.
(3) Information in stops regarding the movement of buses in
international routes shall be ensured by the carrier after
agreement thereupon with the owner of the road.
[13 March 1997; 9 May 2002; 1 December 2005; 14 June 2007;
12 May 2011 / Amendment to Paragraph two regarding the
replacement of the words "Ministry of Transport" with the words
"Road Transport Administration" shall come into force on 30
September 2011. See Paragraph 27 of the Transitional
Provisions]
Section 34.1 Domestic
Occasional Passenger Services and Domestic Special Regular
Passenger Services
The Cabinet shall determine the procedures for the domestic
occasional passenger services and domestic special regular
passenger services and the procedures by which payment shall be
made domestic occasional passenger services and domestic special
regular passenger services within the territory of Latvia.
[23 April 2015]
Section 35. Taxi Service and
Commercial Passenger Car Service
(1) A taxi service may be performed if the carrier has
received a special permit (licence) and a licence card issued by
a planning region or a local government of a State city
(Daugavpils, Jelgava, Jūrmala, Liepāja, Rēzekne, Riga, or
Ventspils) for each road vehicle.
(11) A special permit (licence) for the taxi
service shall be issued by a planning region or a local
government of a State city to the carrier who has been registered
in the commercial register and does not have any tax debts the
total sum of which exceeds the total outstanding debts specified
in the law On Taxes and Fees starting from which the tax
administration ensures public access to the information.
(12) A planning region or a local government of a
State city shall issue a special permit (licence) for the taxi
service, publishing information on its website. At the same time
the information on issuing the special permit (licence) shall be
sent to the electronic mail address specified by the carrier in
the application. The special permit (licence) for taxi service
shall be issued for four years.
(13) A licence card shall be issued to a road
vehicle of a carrier on the basis of the special permit (licence)
issued by a planning region or a local government of a State city
for taxi service if a road vehicle:
1) conforms to the requirements set out in Section 29 of this
Law with regard to the taxi service;
2) has been equipped with a taximeter that has been registered
in the single database (register) of the State Revenue Service in
use in the name of the carrier.
(14) One licence card shall be issued to a road
vehicle per one administrative territory as an integral part of
the specific special permit (licence).
(15) A planning region or a local government of a
State city shall issue a licence card for the taxi service,
making an entry in the State Register of Vehicles and Drivers
Thereof and without using a secure electronic signature.
Information on the issuance (cancellation) of a licence card
shall be published using the e-services maintained and provided
by the Road Traffic Safety Directorate. A licence card shall be
issued for the period requested in the application of the carrier
that does not exceed:
1) the validity period of the special permit (licence);
2) the deadline by which a road vehicle has been transferred
in the holding of the carrier;
3) the deadline by which the permit to participate in road
traffic granted to a taxi is valid;
4) the period for which the payment for the issuing of a
licence card specified by a planning region or a local government
of a State city has been made;
5) the period for which an advance payment of mandatory State
social insurance contributions has been made.
(16) A planning region and a local government of a
State city may specify a fee for the issue of a licence card.
(17) The Cabinet shall determine the procedures by
which a planning region or a local government of a State city
shall issue and cancel the licence card for the taxi service.
(2) The special permit (licence) issued by a planning region
shall not give the right to perform the taxi service within the
administrative territories of the State cities referred to in
Paragraph one of this Section, and the special permits (licences)
issued by local governments of these State cities shall not give
the right to perform the taxi service within the rest of the
territory of the relevant planning region. The special permit
(licence) shall give the right to transport a passenger to any
place outside the State city or the rest of the territory of the
planning region for which the special permit (licence) has been
obtained.
(3) The Cabinet shall determine the procedures by which a
planning region or a local government of a State city shall issue
and cancel the special permit (licence) and by which the taxi
service shall be performed.
(31) A planning region and a local government of a
State city may, by a reasoned decision, cancel the special permit
(licence) for the taxi service if the carrier:
1) gravely infringes the transport obligations set out in laws
and regulations or the procedures by which the taxi service is
performed, or poses a threat to the safety of passengers;
2) submits an application for the cancelation of the special
permit (licence) for taxi service. The decision to cancel the
special permit (licence) shall be taken by a planning region or a
local government of a State city within 30 days from the date the
information is received on compliance with the tax obligations of
the carrier or enforcement of administrative sanctions imposed
for the infringements of the provisions governing the field of
taxi service.
(32) If the special permit (licence) for taxi
service is cancelled, the licence card shall also cease to be
valid.
(33) A planning region and a local government of a
State city may cancel the licence card issued to a road vehicle
if the carrier submits an application for the cancelation of the
licence card for the taxi service. The decision to cancel the
licence card shall be taken by a planning region or a local
government of a State city within 30 days from the date the
information is received on the fulfilment of the tax obligations
of the carrier or enforcement of administrative sanctions imposed
for the infringements of the provisions governing the field of
the taxi service.
(34) A planning region or a local government of a
State city shall cancel the special permit (licence) for taxi
service if the carrier has not, for more than three months, had a
passenger car available for which a licence card has been issued
for the taxi service.
(4) [13 June 2019 / See Paragraph 39 of Transitional
Provisions]
(5) Commercial passenger car service may be performed if the
carrier has received the special permit (licence) issued by the
Road Transport Administration for commercial passenger car
service and a licence card for each road vehicle.
(51) The Road Transport Administration shall issue
the special permit (licence) for commercial passenger car service
to the carrier who has been registered in the commercial register
and does not have any tax debts the total sum whereof exceeds the
total outstanding debts specified in the law On Taxes and Fees
from which tax administration ensures public access to the
information.
(52) The Road Transport Administration shall issue
the special permit (licence) for commercial passenger car
service, making an entry in the Informative Database of Road
Transport Operators and without drawing up a separate written
decision. At the same time, information on the issuing of the
special permit (licence) shall be published on the website of the
Road Transport Administration and sent to the electronic mail
address specified by the carrier in the application. The special
permit (licence) for commercial passenger car service shall be
issued for four years. The special permit (licence) shall become
valid on the day when information on the issuing of the special
permit (licence) is published on the website of the Road
Transport Administration.
(53) A licence card shall be issued to a road
vehicle of the carrier on the basis of the special permit
(licence) for commercial passenger car service issued by the Road
Transport Administration if the road vehicle conforms to the
requirements set out in Section 29 of this Law with regard to the
commercial passenger car service.
(54) The Road Transport Administration shall issue
the licence card for commercial passenger car service, making an
entry in the Informative Database of Road Transport Operators and
without drawing up a separate written decision. At the same time,
information on the issuing of the licence card shall be published
on the website of the Road Transport Administration and sent to
the electronic mail address specified by the carrier in the
application. The licence card shall become valid on the day when
information on the issuing of the licence card is published on
the website of the Road Transport Administration.
(55) The licence card shall be issued for the
period requested in the application of the carrier that does not
exceed:
1) the validity period of the special permit (licence);
2) the deadline by which a road vehicle has been transferred
in the holding of the carrier;
3) the deadline by which a permit to participate in road
traffic granted to a road vehicle is valid;
4) the period for which the payment for the issuing of a
licence card has been made;
5) the period for which an advance payment of mandatory State
social insurance contributions has been made.
(56) The Cabinet shall determine the procedures by
which the Road Transport Administration issues and cancels the
licence card for commercial passenger car service.
(6) The Cabinet shall determine the procedures by which the
Road Transport Administration issues and cancels the special
permit (licence) and by which the commercial passenger car
service is performed.
(61) The Road Transport Administration may cancel
the special permit (licence) for commercial passenger car service
if the carrier:
1) gravely infringes the transport obligations set out in laws
and regulations or the procedures by which the commercial
passenger car service is performed, or poses a threat to the
safety of passengers;
2) submits an application for the cancelation of the special
permit (licence) for commercial passenger car service. The
decision on the cancelation of the special permit (licence) shall
be taken by the Road Transport Administration within 30 days from
the date of the receipt of information on the fulfilment of the
tax obligations of the carrier or enforcement of administrative
sanctions imposed for the infringements of the provisions
governing the field of commercial passenger car service.
(62) If the special permit (licence) for commercial
passenger car service is cancelled, the licence card shall also
cease to be valid.
(63) The Road Transport Administration shall cancel
the licence card issued for a road vehicle if the carrier submits
an application for the cancellation of the licence card or the
Road Transport Administration establishes that the carrier is not
the owner or holder of the road vehicle.
(64) The Road Transport Administration shall cancel
the special permit (licence) for commercial passenger car service
if the carrier has not, for more than three months, had a
passenger car available for which a licence card has been issued
for commercial passenger car service.
(7) [13 June 2019]
(8) A person, whose length of service as a driver of vehicles
corresponding to a driverʼs licence of Category B vehicles is at
least three years and who has been registered in the Register of
Taxi Drivers maintained by the Road Transport Administration, has
the right to drive a vehicle for taxi service or commercial
passenger car service. The Cabinet shall lay down the procedures
for establishing and using the Register of Taxi Drivers, the
extent of the information to be included therein, the
requirements for drivers who perform taxi service and commercial
passenger car service and the procedures for registering thereof,
as well as the procedures for issuing information, the cases when
drivers are removed from the register, and the procedures for
their removal.
(9) A State fee shall be paid for the issuance of the special
permit (licence) for taxi service or commercial passenger car
service, and the amount and payment procedures thereof shall be
determined by the Cabinet.
(10) The Road Transport Administration shall provide
information to the Road Traffic Safety Directorate on road
vehicles to which licence cards for commercial passenger car
service have been issued or cancelled. Information on the
issuance (cancellation) of a licence card shall be published
using the e-services maintained and provided by the Road Traffic
Safety Directorate.
[28 September 2017; 26 October 2017; 13 June 2019; 17 June
2020; 4 February 2021; 10 March 2022; 27 March 2024]
Section 35.1 Taxi Service
in Territories Intended for Public Purposes of Transport
Infrastructure Objects (Bus Station, Railway Station, Airport,
Port) of International Significance
(1) There shall be restricted access in the territory intended
for public purposes at the transport infrastructure object (bus
station, railway station, airport, port) (hereinafter - the
object) for the provision of taxi services if:
1) international carriage of passengers is performed at the
object;
2) public transport services are not available to passengers
during the working hours of the object that exceed general
working hours;
3) publicly accessible territory of the object is a territory
that is separated from a carriageway where it is necessary to
organise the traffic flow and ensure the taxi service offer
according to demand.
(2) The Cabinet shall determine access restrictions to the
territory intended for public purposes at the object.
(3) Taxi services in the territory with restricted access
intended for public purposes at the object can be performed by
the carrier or a union of carriers formed on the basis of a
contract (hereinafter - the union) which ensures:
1) service offer during the entire working hours of the object
(24 hours);
2) servicing of persons with disabilities;
3) road vehicles:
a) with a capacity of up to five seats;
b) with a capacity from six up to nine seats;
c) that are not older than five years, counting from the first
registration of the road vehicle;
d) whose body colour and visual identity conform to the
trademark or design registered by the carrier or union;
e) that have been equipped for transportation of passengers
(children) whose height does not exceed 150 centimetres;
4) a journey from the object in accordance with a single
tariff for hiring, per one kilometre, and per one minute
specified by the carrier or union;
5) settlement with a passenger of a payment for a journey from
the object using the document confirming a pre-payment issued by
an electronic device or equipment for the registration of taxes
and other payments registered in the single database (register)
of the State Revenue Service that has been purchased at a fixed
trading place (or online), registering the transaction in the
taximeter.
(4) The conformity of the carrier or a member of the union
with the requirements of Paragraph three of this Section shall be
assessed by a planning region or local governments of the State
cities referred to in Section 35, Paragraph one of this Law when
issuing a licence card with a special note. This licence card
shall concurrently give the right to perform the taxi service
within the administrative territory of a planning region or State
city where the special permit (licence) has been issued.
(41) It is prohibited for a driver itself or
through other persons to offer a transport service for a journey
from the object unless a licence card with a special note has
been issued in accordance with the procedures laid down in
Paragraph four of this Section in respect of the road vehicle
with which it has entered the territory of the object.
(5) Access to the territory of the object intended for public
purposes and compliance with the provisions of Paragraph
4.1 of this Section shall be controlled by the owner
or possessor of the object.
(6) A planning region and a local government of a State city
may cancel the licence card referred to in Paragraph four of this
Section which has been issued to a road vehicle if violations of
the requirements of Paragraph three of this Section have been
established.
(7) The Cabinet shall determine:
1) the procedures by which the licence card referred to in
Paragraph four of this Section is issued and cancelled;
2) the procedures by which the taxi service is organised and
controlled in the territory with restricted access intended for
public purposes at the object, and the procedures by which the
exchange of information related to the abovementioned service is
performed.
[13 June 2019; 4 February 2021; 10 March 2022; 27 March
2024]
Section 35.2 Website and
Mobile Application Services
(1) Website or mobile application services may be provided and
the carrier and driver may use these services in the Republic of
Latvia if the provider of a website or mobile application service
has been registered in the Informative Database of Road Transport
Operators maintained by the Road Transport Administration. The
Road Transport Administration shall register the provider of a
website or mobile application service if the latter conforms to
the following requirements:
1) it has been registered in a European Union Member State in
accordance with the requirements of the national laws and
regulations of the country of registration of the merchant;
2) it does not have any debts of taxes, duties, and other
mandatory payments determined by the State the total sum whereof
exceeds the total outstanding debts specified in the law On Taxes
and Fees from which tax administration ensures public access to
the information;
3) it has fulfilled all written commitments submitted to the
Consumer Rights Protection Centre in relation to the elimination
of the discovered infringements and all decisions of the Consumer
Rights Protection Centre imposed thereon;
4) it ensures processing and storage of information in
accordance with the procedures laid down in Paragraph six of this
Section;
5) the website or mobile application used by it ensures the
following:
a) information on the offered service of the carriage of
passengers for hire or reward, tariffs, surcharge for additional
services, carrier, driver, and road vehicle and also the
possibility to request a road vehicle suitable for a person with
disabilities;
b) the possibility to request and confirm the service of
carriage for hire or reward online;
c) with regard to the commercial passenger car service - the
possibility to calculate a fare and settle the payment online by
making non-cash payments and also to send to the passenger an
electronic invoice and information on the received service of
carriage for hire or reward at the end of the journey to the
electronic mail address of the passenger registered on the
website or mobile application.
(2) Registration shall be cancelled if substantial violations
of the laws and regulations governing this commercial activity
are found in the operations of the provider of a website or
mobile application service, and also if the provider of a website
or mobile application service unreasonably denies access to the
taxi service or commercial passenger car service.
(3) The functioning of a website or mobile application shall
be blocked if website or mobile application services are offered
without registration.
(4) The provider of a website or mobile application service
shall be prohibited from registering on the website or mobile
application and offering a carrier, driver, and road vehicle that
does not conform to the requirements laid down in Section 35,
Paragraphs one, five, and eight of this Law.
(5) The provider of a website or mobile application service
shall be prohibited from unreasonably denying access to the
service of the carriage of passengers for hire or reward and also
from deleting or correcting information on the services of the
carriage of passengers for hire or reward that have been
accepted, refused, and provided on the website or mobile
application in the territory of Latvia, and on drivers and road
vehicles.
(6) The provider of a website or mobile application service
shall provide information to the State Revenue Service in
relation to the services of the carriage of passengers for hire
or reward that are offered, refused by the carrier and performed
on the website or mobile application in the territory of Latvia,
and on drivers and road vehicles. This information shall be
processed by the provider of a website or mobile application
service and stored in a European Union Member State or a member
state of the North Atlantic Treaty Organization (NATO) for at
least five years.
(7) The Cabinet shall determine:
1) the procedures for the registration of the provider of a
website or mobile application service, cancelation of such
registration, and blocking of a website or mobile
application;
2) the functionality of a website or mobile application and
the information to be specified therein;
3) the procedures for supervising the operation of the
provider of a website or mobile application service;
4) the procedures by which the provider of a website or mobile
application service provides information to the State Revenue
Service and the volume of such information.
[13 June 2019 / Section shall come into force on 1
September 2019. See Paragraph 39 of Transitional
Provisions]
Section 36. Contract for the
Carriage of Passengers and Luggage
According to the contract for the carriage of passengers by a
road vehicle, a carrier shall undertake to transport a passenger
to the relevant stop (place) for a relevant charge and, if the
passenger has put luggage in the hold - to deliver it to the
relevant stop and to give it to the person entitled to receive
the luggage, but the passenger shall undertake to pay for the
journey and carriage of the luggage, unless otherwise provided
for in laws and regulations.
[13 March 1997]
Section 37. Form of Carriage of
Passengers Contract
(1) The existence of a contract for regular passenger services
shall be certified by a ticket or another travel document; the
registration of luggage for carriage shall be certified by a
luggage ticket.
(2) A contract for on-demand carriage of passengers shall be
concluded in writing based on a form specified by a carrier.
(3) A passenger shall order the taxi service by verbal
agreement or using electronic communications services (inter
alia, online via a website or mobile application). Fulfilment of
the service contract shall be attested by a document confirming
the transaction (receipt) registered by a taximeter.
(4) [14 June 2007]
(5) A passenger shall order the commercial passenger car
service online via a website or mobile application. Fulfilment of
the service contract shall be attested by an electronic invoice
which is sent to the passenger at the end of the journey to the
electronic mail address thereof registered on the website or
mobile application and which complies with the requirements
concerning source documents laid down in the laws and regulations
governing the field of accounting and taxes and contain
information on the service received and service provider.
[13 March 1997; 29 October 1998; 9 May 2002; 14 June 2007;
13 December 2007; 12 May 2011; 13 June 2019 / The new
wording of Paragraph three and Paragraph five shall come into
force on 1 September 2019. See Paragraph 39 of Transitional
Provisions]
Section 38. Samples of Tickets and
Other Travel Documents and Mandatory Information
[14 June 2007 / See Transitional Provision]
Section 38.1 Ticket
Samples and Mandatory Information in Regular International
Passenger Services
(1) Mandatory ticket information in regular international
passenger services between Latvia and countries which are not
European Union Member States shall be determined by the
Cabinet.
(2) The carrier which provides regular international passenger
services between Latvia and countries which are not European
Union Member States shall submit the relevant ticket samples for
agreement thereupon to the Road Transport Administration.
(3) The mandatory ticket information in regular international
passenger services between European Union Member States shall be
determined by Council Regulation (EEC) No 684/92 of 16 March 1992
on common rules for the international carriage of passengers by
coach and bus.
[13 December 2007; 12 May 2011 / Amendment to
Paragraph two regarding substitution of the words "Ministry of
Transport" with the words "Road Transport Administration" shall
come into force on 30 September 2011. See Paragraph 27 of the
Transitional Provisions]
Section 39. Fare (Tariffs)
(1) [14 June 2007]
(2) [14 June 2007]
(3) A fare (tariffs) for regular passenger services in
international routes shall be determined by a carrier in
accordance with international agreements and in cooperation with
a partner undertaking of the other party.
(4) [14 June 2007]
(5) [28 September 2017 / See Paragraph 32 of Transitional
Provisions]
(51) A fare for the taxi service or commercial
passenger car service shall be the total amount of money for a
journey and it is comprised of the hiring fee and the fee for the
distance or duration of a journey or the hiring fee and the fee
for the distance and duration of a journey as a total. Surcharge
shall not be included in the fare for services provided
separately from the carriage of passengers for hire or reward or
additional costs to complete the service.
(52) In relation to the taxi service:
1) the carrier shall determine the applicable tariff for
hiring, per one kilometre, and per one minute in the calculation
of the fare;
2) when preparing a price list, discounts or increased fee may
be applied to tariffs, not exceeding 50 per cent of the tariff.
Tariffs with included discounts or increased fees and description
thereof shall be specified in the price list;
3) tariffs referred to in Section 35.1, Paragraph
three, Clause 4 of this Law and information on surcharge shall be
indicated separately in the price list;
4) the carrier shall inform of the tariffs and price list (if
such has been prepared) when submitting the application for the
receipt of a special permit (licence) or during the validity
period of a special permit (licence) in the event of any changes
in the tariffs or price list;
5) the carrier shall indicate the tariffs on the body of a
road vehicle, the price list shall be placed on the front panel
of a road vehicle and also on a website or mobile
application.
(53) The Cabinet shall determine the information to
be specified in the notification and price list of the taxi
service and the requirements in respect of the placement of
information on tariffs on a road vehicle and in the interior
thereof.
(54) In relation to the commercial passenger car
service:
1) a fare shall be calculated in accordance with the tariffs
for hiring, per one kilometre, and per one minute specified by
the provider of a website or mobile application service;
2) tariffs and surcharge shall be specified by the provider of
a website or mobile application service on a website or mobile
application.
(6) A fare in occasional passenger services shall be
determined upon mutual agreement between a carrier and the
commissioning party.
(7) For taxi services from a transport infrastructure object
of international significance (bus station, railway station,
airport, port), the Cabinet shall determine the maximum fare
(tariff), the maximum surcharge, and the fare and operating zones
for journeys which are settled with a document confirming the
pre-payment referred to in Section 35.1, Paragraph
three, Clause 5 of this Law and purchased at a fixed trading
venue (or online).
[13 March 1997; 23 November 2000; 9 May 2002; 5 May 2005; 4
April 2007; 14 June 2007; 28 September 2017; 13 June 2019; 27
March 2024]
Section 40. Obligations and
Liability of a Carrier, Driver, and Provider of a Website or
Mobile Application Service
(1) A carrier has the obligation to ensure a passenger a place
indicated in the ticket in a road vehicle used for regular
passenger services, as well as a safe journey and safe-keeping
and delivery of the transferred luggage to the place of
destination.
(2) A carrier must compensate a passenger the value of the
ticket in accordance with the procedures and in the amount
referred to in the passenger carriage regulations in the cases
provided for in Section 43, Paragraph three of this Law.
(3) A carrier has the obligation to compensate direct losses
(excluding lost profits) incurred if the arrival or departure of
a road vehicle used for regular passenger services (in accordance
with the requirements of laws and regulations) does not
correspond to the timetable, as well as if a journey in an
international route for which a passenger has obtained a ticket
has been cancelled.
(4) If luggage is damaged or lost, a carrier must draw up a
relevant deed regarding it and compensate a passenger for
losses.
(5) If luggage for which a carrier has paid the relevant
compensation is found afterwards, a passenger has the right to
request the issue of such luggage, provided that he or she
reimburses the received compensation (taking into account the
state of the found luggage).
(6) A carrier shall be liable for the losses caused in the
course of carriage if a passenger has died, has become crippled,
or has had some other health impairment or damage to his or her
property has been caused and the carrier fails to prove that the
loss has been incurred due to force majeure, with the intention
of the victim himself or herself, or due to the gross negligence
of the victim. A carrier shall be liable for the losses caused
during embarkation or disembarkation of passengers and loading or
unloading of luggage if the carrier is found to be at fault.
(7) When performing carriage of passengers to which Regulation
(EU) No 181/2011 applies, the obligations and liability of the
carrier in relation to the rights of bus passengers shall be
additionally determined by the abovementioned Regulation.
(8) In applying Regulation (EU) No 181/2011, the maximum sum
of compensation in relation to death of or bodily harm to a
passenger or losing or damage to luggage on a case-by-case basis
shall be no less than the sum indicated in Article 7(2) of
Regulation (EU) No 181/2011.
(9) In the provision of taxi service or commercial passenger
car service, accepting a request from a person with disabilities,
the carrier or the provider of a website or mobile application
service shall, upon request of the abovementioned person, ensure
a road vehicle which is suitable for the transportation of
persons with disabilities and a carrier who is able to provide
such service to the relevant persons.
(10) In the provision of taxi service or commercial passenger
car service, a driver shall, upon request of an official of an
authorised control body, have the obligation to submit for
inspection the documents necessary for the performance of such
carriage and to ensure the possibility to read the total
indicators of a taximeter or information on the carriage service
registered on a website or mobile application.
(11) In relation to the taxi service:
1) before the journey, a driver has the obligation to inform
the passenger of the tariff applied in the calculation of a fare
and surcharge according to a price list;
2) a driver shall be prohibited from the provision of the
carriage of passengers for hire or reward, if a taximeter has not
been switched on, if it does not correspond to the metrological
requirements laid down in laws and regulations or if compliance
with the procedures for the use of a taximeter set out in the
laws and regulations regarding the use of electronic devices and
equipment for the registration of taxes and other payments is not
ensured;
3) a driver shall be prohibited from accepting other
passengers in a taxi if the passengers in the taxi object to it
and he or she shall be also prohibited from inviting and
assembling the range of passengers through the mediation of other
persons (who shall not participate in the journey), indicating
the direction or destination of the journey;
4) a driver, when settling accounts with a passenger in
accordance with the fare registered by the taximeter or total
fare comprised of the fare and surcharge specified in the price
list, has the obligation to issue a document attesting the
transaction registered by the taximeter (receipt).
(12) A carrier has the obligation to ensure the possibility to
settle non-cash payments in taxis.
(13) In relation to the commercial passenger car service:
1) in order to calculate the fare, a driver shall use a
website or mobile application whose program ensures the
possibility of requesting, confirming and refusing a carriage
service, calculating the fare and settling non-cash payments
online;
2) a driver is prohibited from the provision of the carriage
of passengers for hire or reward, if a website or mobile
application does not work online;
3) a driver is prohibited from receiving a payment for the
service of the carriage of passengers for hire or reward in
cash;
4) a driver is prohibited from accepting a passenger by using
other means for requesting the service of carriage for hire or
reward.
(14) The provider of a website or mobile application service
and the carrier who provides the service of the carriage of
passengers for hire or reward by using a website or mobile
application are jointly and severally liable for ensuring the
service of the carriage of passengers for hire or reward.
[13 March 1997; 14 June 2007; 7 February 2013; 13 June
2019 / The new wording of the title of this Section and
also Paragraphs nine, ten, eleven, twelve, thirteen, and fourteen
shall come into force on 1 September 2019. See Paragraph 39 of
Transitional Provisions]
Section 41. Liability of a Passenger
for the Violation of Carriage Regulations and Causing of
Losses
(1) A passenger must comply with the passenger carriage
regulations.
(2) A passenger shall be liable, in accordance with the
procedures laid down in laws and regulations, for violating
carriage regulations and for causing losses to a carrier.
(3) A passenger shall pay a fine for travelling without a
ticket in the amount specified in laws and regulations. Payment
of the fine shall not release the passenger from the fare.
(4) If a passenger carries things the carriage of which is
prohibited in the relevant road vehicle, he or she must pay a
fine in the amount specified in laws and regulations.
Section 42. Rights of a Carrier
(1) A carrier has the right not to pick up into a road
vehicle, remove therefrom, as well as to transfer to the police a
passenger who violates the carriage regulations or fails to
comply with the public order.
(2) A carrier has the right to refuse to carry luggage which
does not comply with the carriage regulations.
Section 43. Rights of a
Passenger
(1) A passenger has the right to use a road vehicle of a
carrier for travelling in accordance with a contract (ticket) or
other document attesting to the right to travel and to use the
services related to carriage.
(2) A passenger has the right to carry luggage with him or her
if the sizes and characteristics thereof comply with the carriage
regulations.
(3) A passenger has the right to refuse to travel and to
return the previously bought ticket in accordance with the
procedures laid down in the passenger carriage regulations.
(4) A passenger has the right to request compensation from a
carrier for the direct losses in accordance with Section 40,
Paragraph three of this Law.
(5) When performing carriage of passengers to which Regulation
(EU) No 181/2011 applies, the rights of bus passengers shall be
additionally determined by the abovementioned Regulation.
(6) A passenger has the right to terminate a service contract
and to refuse to pay for the service of the carriage of
passengers for hire or reward if the driver violates Section 40,
Paragraph eleven, Clause 2 or Paragraph thirteen, Clause 2 of
this Law.
[7 February 2013; 13 June 2019]
Chapter IV
Claims, Requirements, and Mandatory Insurance
Section 44. Procedures for
Submission of Claims
(1) A consignor (consignee, passenger) must submit a claim
prior to bringing an action against a carrier in relation to a
breach of the contract of carriage:
1) for the carriage of goods - to the carrier or forwarder who
has accepted the goods for carriage (in accordance with Section
2236 of the Civil Law);
2) for the carriage of passengers and luggage - to the carrier
who performs such carriage.
(2) An application for a claim must be accompanied by
documents certifying it.
(3) A claim submitted for loss, shortage, spoilage or damage
of goods, in addition to the abovementioned documents, must be
accompanied by such documents which certify the amount and value
of the sent goods, as well as a copy of the original of the
consignment note, unless otherwise provided by the contract.
Section 45. Terms for Submission and
Examination of Claims
(1) Claims may be submitted to the carrier within a period of
six months.
(2) The running of the abovementioned time limit shall
begin:
1) from the day of issuance of the goods or luggage (or the
day on which it was to be issued) - if the claims are submitted
in relation to the compensation for loss, shortage, spoilage,
damage or late delivery of the goods or luggage to be carried
together with passengers;
2) four months following the registration of goods for
carriage - if claims are submitted for the compensation of the
value of the lost goods in the direct mixed traffic;
3) from the day on which the event which is the basis for the
submission of the claim has taken place - in all other cases.
(3) A carrier must examine a claim and notify the submitter
thereof of the recognition or rejection of the claim within the
following terms from the day of receipt of the claim:
1) within a month - if the claim is submitted in relation to
carriage in direct traffic;
2) within three months - if the claim is submitted in relation
to carriage in direct mixed traffic.
(4) If a carrier rejects a claim in whole or in part, it shall
send to the submitter its reasoned decision together with the
documents attached to the claim.
(5) If a carrier accepts a claim in whole (for the whole
amount), the documents attached to the claim shall not be
returned.
(6) When performing carriage of passengers to which Regulation
(EU) No 181/2011 applies, the terms for bringing and examining a
claim shall be determined in accordance with Article 27 of the
abovementioned Regulation.
[7 February 2013]
Section 46. Bringing an Action in
Court
(1) Consignors, consignees, and passengers may bring an action
in court against a carrier only if the carrier refuses to accept
claims in whole or in part or if a reply has not been received
from the carrier within the time period specified in Section 45,
Paragraph three of this Law.
(2) The abovementioned action may be brought in court
according to the location of the carrier within three years after
receipt of the reply or after expiration of the time period
intended for the reply.
(3) Carriers may bring an action against consignors,
consignees or passengers in court within three years from the day
on which the infringement of right took place which was the basis
for the bringing of the action.
Section 47. Subrogation Action of
Carrier
(1) A carrier who has paid compensation for losses has the
right to bring a subrogation action against other carriers who
have participated in the carriage. Liability among carriers shall
be divided as follows:
1) if loss has been caused due to the fault of one carrier, it
shall be liable for the compensation thereof, irrespective of
whether the compensation has been paid by itself or by another
carrier;
2) if loss has been caused due to the fault of two or several
carriers, each of them shall pay a sum in proportion to the part
of their liability;
3) if this part cannot be determined, each carrier shall be
liable in proportion with the part of the payment for carriage
due thereto;
4) if the carrier who is liable for the loss cannot be
determined, the amount to be compensated shall be divided among
all carriers proportionally, in the amount specified in Clause 3
of this Section.
Section 48. Mandatory Insurance
Related to Carriage by Road Vehicles
(1) Natural persons and legal persons performing carriage by
road in the territory of Latvia shall insure the civil liability
for the loss caused in a road traffic accident.
(2) Owners of goods who transfer dangerous goods for carriage
in the territory of Latvia shall insure their civil liability for
losses which may be caused to a carrier, third persons and
property thereof, as well as to the environment in relation to
the carriage.
(3) Natural persons and legal persons performing international
carriage by road shall insure their civil liability for the
potential losses in relation to the carriage, in compliance with
the provisions of international agreements.
[13 March 1997 / See Transitional Provision]
Chapter V
Peculiarities of Certain Types of Carriage
[9 May 2002]
Section 49. Speed Limiters in the
Carriage of Passengers and Goods
(1) [2 December 2004]
(2) The requirements for the equipping of certain categories
of vehicles with speed limiters and the procedures for the use of
such devices shall be determined by the Cabinet.
[2 December 2004]
Section 50. Combined Transport
Operations
(1) Tax (duty) reliefs shall be applied to carriers whose
heavy goods vehicles are involved in combined transport
operations in compliance with tax laws.
(2) In the cases provided for in international agreements, the
combined international transport operations shall not require the
authorisation provided for in Section 6 of this Law.
(3) The procedures for performing combined transport
operations for hire or reward, combined own-account carriage or
combined transport operations by a hired vehicle, as well as the
requirements for the accompanying document of goods of the
combined transport operations shall be determined by the
Cabinet.
Section 51. Own-account Carriage
(1) It is allowed to perform own-account carriage of
passengers by bus or own-account carriage of goods by a goods
road vehicle of total permissible mass, including trailers,
exceeding six tonnes if the performer of own-account carriage has
received a certificate for own-account carriage. A certificate
for own-account carriage is a document or entry in the
Informative Database of Road Transport Operators, attesting that
the performer of own-account carriage may perform own-account
carriage of the type specified in the document or entry. The
certificate for own-account carriage shall not be required if the
domestic own-account carriage of passengers by bus, domestic or
international own-account carriage of goods by a goods vehicle
the total permissible mass of which, including trailers, exceeds
six tonnes is performed by the Ministry of Defence, the Ministry
of the Interior, institutions subordinate to them, and also the
National Armed Forces to ensure the performance of their
functions.
(2) The Road Transport Administration issues the certificate
for own-account carriage for domestic own-account carriage of
passengers and goods, making an entry in the Informative Database
of Road Transport Operators managed thereby and without drawing
up a separate written decision. At the same time, the information
on the issuing of the certificate for own-account carriage is
published on the website of the Road Transport Administration and
sent to the electronic mail address specified by the performer of
own-account carriage in the application. The certificate for
own-account carriage shall become valid on the day when
information on the issue of the certificate is published on the
website of the Road Transport Administration. The certificate for
own-account carriage for international own-account carriage of
passengers and international own-carriage of goods shall be
issued by the Road Transport Administration in paper form,
entering the information on the issuing of the certificate in the
Informative Database of Road Transport Operators. The certificate
for own-account carriage shall be issued for a period of one up
to 60 months.
(3) The Cabinet shall determine the procedures for the
own-account carriage of passengers or goods, the procedures by
which the certificate for own-account carriage of passengers or
goods is issued and cancelled, the procedures by which the
issuing of the certificate for own-account carriage of passengers
or goods is refused, and also the procedures for publishing
information on valid certificates.
[13 June 2019; 17 June 2020]
Section 52. Cabotage
Cabotage in the territory of Latvia is prohibited by a road
vehicle registered in such country which is not a European Union
Member State, except for the cases where they are performed in
compliance with the international agreements ratified by the
Saeima and an authorisation has been issued by the Road
Transport Administration for each relevant carriage.
[12 May 2011]
Chapter V.1
Posting of a Driver of a Vehicle in the International Carriage by
Road
[10 March 2022]
Section 52.1 Posting of a
Driver of a Vehicle
(1) Within the meaning of this Law, posting of a driver of a
vehicle is a situation where a carrier registered in another
European Union Member State which provides the service of
international carriage by road posts its employee, i.e. the
driver of the vehicle, to Latvia or a carrier registered in
Latvia which provides the service of international carriage by
road posts its employee, i.e. the driver of the vehicle, to
another European Union Member State in order to drive a vehicle
at the disposal of the carrier and to perform other activities
related to the relevant service of carriage by road on behalf of
the carrier.
(11) When determining the conditions for the
provision of transport service, the consignor, forwarder,
contractor, and sub-contractor shall comply with the conditions
for the posting of a driver of a vehicle set out in this
Chapter.
(2) A driver of a vehicle involved in the performance of
cabotage operations as defined in Regulation No 1072/2009 and
Regulation (EC) No 1073/2009 of the European Parliament and of
the Council of 21 October 2009 on common rules for access to the
international market for coach and bus services, and amending
Regulation (EC) No 561/2006 (hereinafter - Regulation No
1073/2009) shall be subject to the requirements for the posting
of a driver of a vehicle.
(3) The period of posting of a driver of a vehicle shall be
considered to be ending when the driver leaves the country where
such international carriage by road subject to the application of
conditions for the posting of a driver was performed. That
abovementioned period of posting shall not be cumulated with
previous periods of posting in the context of such international
carriage which is performed by the driver of the same vehicle or
driver of another vehicle whom he or she replaces.
(4) The conditions for the posting of a driver of a vehicle
laid down in this Chapter may be applied to a country other than
a European Union Member State if it is provided for in an
international treaty binding upon the Republic of Latvia.
(5) The provisions of the Labour Law shall apply to posting of
a driver of a vehicle, insofar as it is not restricted by the
provisions of this Law.
[10 March 2022; 27 March 2024]
Section 52.2 Exceptions
for Posting of a Driver of a Vehicle to Latvia
(1) The conditions for posting of a driver of a vehicle laid
down in this Chapter shall not apply to Latvia if the driver of
the vehicle performs:
1) carriage of goods or passengers in transit through the
territory of Latvia without loading or unloading the goods or
picking up or setting down passengers;
2) a bilateral international occasional or regular passenger
service during which the following occurs on the bus:
a) passengers are being picked up in a European Union Member
State where the carrier that posted the driver of the vehicle is
established and are set down in Latvia;
b) passengers are being picked up in Latvia and are set down
in a European Union Member State where the carrier that posted
the driver of the vehicle is established;
c) passengers are being picked up and set down in a European
Union Member State where the carrier that posted the driver of
the vehicle is established, for the purpose of carrying out local
excursions in Latvia in accordance with Regulation No
1073/2009;
3) a bilateral transport operation referred to in Clause 2 of
this Paragraph during which passengers are being picked up by a
bus once or set down from a bus once in the European Union Member
States or third countries that the driver of the vehicle crosses,
provided that the driver of the vehicle does not offer passenger
transport services between two locations within the country
crossed. The same shall apply to the return journey;
4) a bilateral transport operation in respect of goods under a
transport contract from a European Union Member State where the
carrier that posted the driver of the vehicle is established, as
defined in Article 2(8) of Regulation No 1071/2009, to Latvia or
from Latvia to a European Union Member State where the carrier is
established;
5) a bilateral transport operation in respect of goods as
defined in Clause 4 of this Paragraph:
a) during which one activity of loading or unloading is
additionally performed in the Member States or third countries
that the driver of the vehicle crosses, provided that the goods
are not loaded and unloaded in the same country;
b) from the European Union Member State where the carrier that
posted the driver of the vehicle to Latvia is established,
without any additional activity of loading or unloading, and on
the return journey, during a bilateral transport operation, not
more than two additional activities of loading or unloading are
performed, provided that the goods are not loaded and unloaded in
the same country;
6) the initial or final road leg of a combined transport
operation as defined in Section 1, Clause 15 of this Law, if the
road leg on its own consists of bilateral transport operations,
as defined in Clause 4 of this Paragraph.
(2) The exemptions indicated in Paragraph one, Clauses 3 and 5
of this Section in respect of additional picking up or setting
down of passengers or additional loading or unloading of goods
shall apply only until the day from which smart tachographs
conforming to the requirement in respect of recording border
crossings and additional activities referred to in the first
subparagraph of Article 8(1) of Regulation (EU) No 165/2014 of
the European Parliament and of the Council of 4 February 2014 on
tachographs in road transport, repealing Council Regulation (EEC)
No 3821/85 on recording equipment in road transport and amending
Regulation (EC) No 561/2006 of the European Parliament and of the
Council on the harmonisation of certain social legislation
relating to road transport (hereinafter - Regulation (EU) No
165/2014) are required to be fitted in the vehicles registered in
a Member State for the first time in accordance with the fourth
subparagraph of Article 8(1) of Regulation (EU) No 165/2014. From
that day, the exemptions specified in Paragraph one, Clauses 3
and 5 of this Section in respect of additional picking up or
setting down of passengers or additional loading or unloading of
goods shall apply only to drivers using vehicles fitted with
smart tachographs as defined in Articles 8, 9, and 10 of
Regulation (EU) No 165/2014.
[10 March 2022]
Section 52.3 Obligations
of a Carrier when Posting a Driver of a Vehicle to Perform a
Transport Operation in Latvia
A carrier registered in another European Union Member State,
when posting a driver of a vehicle to Latvia, has the obligation
to:
1) submit a posting declaration until the start of the period
of posting using a multilingual standard form of the public
interface functioning in accordance with Commission Implementing
Regulation (EU) 2021/2179 of 9 December 2021 on the
functionalities of the public interface connected to the Internal
Market Information System for posting drivers in the road
transport sector and connected to the IMI System;
2) ensure that the driver of the vehicle has a posting
declaration at his or her disposal in paper or electronic
form;
3) through the IMI System, update the posting declaration
without delay in the event of any changes in the content
thereof.
[10 March 2022]
Section 52.4 Obligations
of a Carrier Registered in Latvia when Posting a Driver of a
Vehicle to Perform a Transport Operation in Another European
Union Member State
A carrier registered in Latvia shall, when posting a driver of
a vehicle to perform a transport operation in another European
Union Member State, comply with the conditions of posting laid
down in the relevant European Union Member State and shall fulfil
the following obligations:
1) before the start of the period of posting, send a posting
declaration to the relevant European Union Member State using a
multilingual standard form of the public interface of the IMI
System;
2) ensure that the driver of the vehicle has a posting
declaration at his or her disposal in paper or electronic
form;
3) through the IMI System, update the posting declaration
without delay in the event of any changes in the content
thereof;
4) submit the requested documents and information through the
IMI System within eight weeks after the competent authority of
the European Union Member State to which the driver of the
vehicle has been posted has sent the request in accordance with
Section 52.6 and Section 52.7, Paragraph
two of this Law.
[10 March 2022; 27 March 2024]
Section 52.5 Posting
Declaration of a Driver of a Vehicle
The following information shall be included in the posting
declaration of a driver of a vehicle referred to in Sections
52.3 and 52.4 of this Law:
1) the name of the carrier, indicating the number of the valid
European Community licence that has been issued to the carrier,
provided that such number is available;
2) the contact details of the transport manager or other
person in the country of establishment for the purpose of
communication, and also for sending and receiving documents and
notifications;
3) the given name and surname of the driver of the vehicle,
the address of the declared place of residence, the number of the
driver's licence thereof;
4) the start date of the driver's employment contract;
5) the envisaged start and end date of the posting;
6) the registration numbers of all vehicles at the disposal of
the carrier which are intended to be used for the transport
service during the period of posting;
7) information as to whether the carriage by road service is
the carriage of goods, carriage of passengers, international
carriage, or cabotage.
[10 March 2022]
Section 52.6 Obligations
of a Driver
The driver posted for the performance of a transport operation
in Latvia has the obligation to keep and make available, where
requested at a roadside check:
1) the posting declaration submitted in paper or electronic
form through the IMI System;
2) evidence of the transport operations taking place in
Latvia, such as an electronic consignment note (e-CMR) or
evidence referred to in Article 8(3) of Regulation (EC) No
1072/2009;
3) the tachograph records and in particular the country
symbols of the Member States in which the driver was present when
performing international road transport operations or cabotage
operations, in accordance with registration and record-keeping
requirements laid down in Regulation No 561/2006 and Regulation
(EU) No 165/2014.
[10 March 2022]
Section 52.7 Competent
Authorities
(1) In order to ensure the functioning of the driver posting
system and cooperation with foreign competent authorities, the
following authorities shall have access to the IMI System:
1) the State Police;
2) the State Border Guard;
3) the State Labour Inspectorate;
4) the Road Transport Administration.
(2) The State Police shall verify the fulfilment of the
obligations of the carrier referred to in Section 52.3
of this Law or of the driver of the vehicle referred to in
Section 52.6 of this Law by performing control of
carriage by road. If a carrier registered in another European
Union Member State has not fulfilled the obligations referred to
in Section 52.3 of this Law, the State Police shall,
on the basis of the violation of the rules for posting a driver
recorded during the control, request it, within eight weeks of
sending the request, to submit for evaluation, through the IMI
System, copies of the documents referred to in Section
52.6, Clauses 2 and 3 of this Law, and also
documentation relating to remuneration of the posted driver for
the period of posting, the contract of employment or an
equivalent document confirming employment relationship, time
sheets recording the hours worked, and proof of payments.
(3) If a carrier registered in Latvia has not submitted the
documents requested by a European Union Member State within the
term and in accordance with the procedures laid down in Section
52.4, Clause 4 of this Law, the State Labour
Inspectorate shall send a request to the relevant carrier to
submit them to the competent authority of the relevant country
within 25 working days of the request for mutual assistance
through the IMI System.
(4) The information and documentation referred to in Section
52.6, Clauses 2 and 3 of this Law shall be processed
by the authority at the disposal of which they are, if necessary,
involving other responsible authorities.
(5) The Road Transport Administration shall provide on its
website information in Latvian and English on the conditions for
posting a driver in Latvia and shall collect information on the
conditions for posting a driver in other European Union Member
States.
[10 March 2022]
Chapter VI
Administrative Liability in the Field of Carriage by Road and
Competence in the Imposition of Sanctions
[17 June 2020 / See Paragraph 46
of Transitional Provisions]
Section 53. Violation of the
Regulations for the Documents Necessary for the Carriage of Goods
by Road
(1) For the international carriage of goods for hire or reward
without a European Community authorisation or without a certified
copy of a European Community authorisation, a fine from
eighty-six to one hundred and forty units of fine shall be
imposed on the carrier.
(2) For the carriage of goods for hire or reward if the
carrier is not able to present a European Community authorisation
or the driver of the vehicle - a certified copy of a European
Community authorisation, a fine of six units of fine shall be
imposed on the driver, but a fine from twenty-eight to eighty-six
units of fine - on the carrier.
(3) For the international carriage of goods for hire or reward
without a driver attestation, a fine from six to twenty-eight
units of fine shall be imposed on the driver of the vehicle, but
a fine from twenty-eight to one hundred and forty units of fine -
on the carrier.
(4) For the international carriage of goods for hire or reward
if a driver attestation or certified copies of a driver
attestation cannot be presented, a fine of six units of fine
shall be imposed on the driver of the vehicle, but a fine of
twenty-eight units of fine - on the carrier.
(5) For the international carriage of goods without an
authorisation for the international carriage of goods, a fine
from one hundred and forty to two hundred and eighty units of
fine shall be imposed on the carrier.
(6) For the carriage of goods for hire or reward without a
special permit (licence), a fine from fifty-six to one hundred
and forty units of fine shall be imposed on the driver of the
vehicle or the carrier.
(7) For the carriage of goods for hire or reward without a
licence card, a fine from fifty-six to one hundred and forty
units of fine shall be imposed on the carrier.
(8) For the own-account carriage of goods without a
certificate for own-account carriage, a fine from twenty-eight to
fifty-six units of fine shall be imposed on the carrier.
[17 June 2020; 27 March 2024]
Section 54. Violation of the
Regulations for the Carriage of Goods
(1) For exceeding the laden weight or the authorised actual
mass of the vehicle (vehicle combination) the laden weight of
which exceeds 12 tonnes by five to 10 per cent (excluding), a
fine from fourteen to thirty-six units of fine shall be imposed
on the driver of the vehicle, but a fine from one hundred and
fourteen to two hundred and eighty units of fine - on the
carrier.
(2) For exceeding the laden weight or the authorised actual
mass of the vehicle (vehicle combination) the laden weight of
which exceeds 12 tonnes by 10 to 20 per cent (excluding), a fine
from thirty-six to fifty-six units of fine shall be imposed on
the driver of the vehicle, but a fine from two hundred and eighty
to four hundred and sixty units of fine - on the carrier.
(3) For exceeding the laden weight or the authorised actual
mass of the vehicle (vehicle combination) the laden weight of
which exceeds 12 tonnes by 20 per cent or more, a fine from
fifty-six to one hundred and forty units of fine shall be imposed
on the driver of the vehicle, but a fine from four hundred and
sixty to one thousand one hundred and forty units of fine - on
the carrier.
(4) For exceeding the load distribution on axles specified by
the manufacturer of the vehicle (vehicle combination) the laden
weight of which exceeds 12 tonnes by five to 10 per cent
(excluding), a fine from eight to fourteen units of fine shall be
imposed on the driver of the vehicle, but a fine from fourteen to
forty-two units of fine - on the carrier.
(5) For exceeding the load distribution on axles specified by
the manufacturer of the vehicle (vehicle combination) the laden
weight of which exceeds 12 tonnes by 10 to 20 per cent
(excluding), a fine from fourteen to twenty-eight units of fine
shall be imposed on the driver of the vehicle, but a fine from
forty-two to eighty-six units of fine - on the carrier.
(6) For exceeding the load distribution on axles specified by
the manufacturer of the vehicle (vehicle combination) the laden
weight of which exceeds 12 tonnes by 20 per cent or more, a fine
from twenty-eight to fifty-six units of fine shall be imposed on
the driver of the vehicle, but a fine from eighty-six to one
hundred and forty units of fine - on the carrier.
(7) For exceeding the laden weight of the vehicle (vehicle
combination) the laden weight of which exceeds 3.5 tonnes but
does not exceed 12 tonnes by five to 15 per cent (excluding), a
fine from eight to fourteen units of fine shall be imposed on the
driver of the vehicle, but a fine from fourteen to forty-two
units of fine - on the carrier.
(8) For exceeding the laden weight of the vehicle (vehicle
combination) the laden weight of which exceeds 3.5 tonnes but
does not exceed 12 tonnes by 15 to 25 per cent (excluding), a
fine from fourteen to twenty-eight units of fine shall be imposed
on the driver of the vehicle, but a fine from forty-two to
eighty-six units of fine - on the carrier.
(9) For exceeding the laden weight of the vehicle (vehicle
combination) the laden weight of which exceeds 3.5 tonnes but
does not exceed 12 tonnes by 25 per cent or more, a fine from
twenty-eight to fifty-six units of fine shall be imposed on the
driver of the vehicle, but a fine from eighty-six to one hundred
and forty units of fine - on the carrier.
(10) For exceeding the load distribution on axles or axle load
specified by the manufacturer of a vehicle (vehicle combination)
the laden weight of which exceeds 3.5 tonnes but does not exceed
12 tonnes by five to 15 per cent (excluding), a fine from eight
to fourteen units of fine shall be imposed on the driver of the
vehicle, but a fine from fourteen to forty-two units of fine - on
the carrier.
(11) For exceeding the load distribution on axles or axle load
specified by the manufacturer of a vehicle (vehicle combination)
the laden weight of which exceeds 3.5 tonnes but does not exceed
12 tonnes by 15 to 25 per cent (excluding), a fine from fourteen
to twenty-eight units of fine shall be imposed on the driver of
the vehicle, but a fine from forty-two to eighty-six units of
fine - on the carrier.
(12) For exceeding the load distribution on axles or axle load
specified by the manufacturer of a vehicle (vehicle combination)
the laden weight of which exceeds 3.5 tonnes but does not exceed
12 tonnes by 25 per cent or more, a fine from twenty-eight to
fifty-six units of fine shall be imposed on the driver of the
vehicle, but a fine from eighty-six to one hundred and forty
units of fine - on the carrier.
(13) For violating the regulations regarding placement and
securing of goods, and also for transporting goods by a vehicle
which is not specifically intended for this purpose and is not
registered accordingly, a fine of eleven units of fine shall be
imposed on the driver of the vehicle.
(14) For violating the regulations that provide for the
marking of goods protruding outside the vehicle dimensions during
the light hours of the day, a warning or a fine of three units of
fine shall be imposed on the driver of the vehicle.
(15) For violating the regulations that provide for the
marking of goods protruding outside the vehicle dimensions during
the dark hours of the day or under conditions of poor visibility,
a fine of six units of fine shall be imposed on the driver of the
vehicle.
(16) For performing carriage by road by exceeding the laden
weight or the authorised actual mass of the vehicle (vehicle
combination) by up to five per cent or exceeding the determined
load distribution on axles or axle load, single-axle shaft load
or the sum of shaft axle load by up to five per cent, a fine from
six to fourteen units of fine shall be imposed on the driver of
the vehicle, a fine from fourteen to fifty-six units of fine - on
the carrier, a fine from eight to twenty-eight units of fine - on
the consignor who is a natural person, and a fine from fourteen
to fifty-six units of fine - on the consignor who is a legal
person.
(17) For performing carriage by road by exceeding the
determined acceptable axle load, single-axle shaft load, or the
sum of shaft axle load of a vehicle by five to 10 per cent
(excluding), a fine from fourteen to thirty-six units of fine
shall be imposed on the driver of the vehicle, a fine from one
hundred and fourteen to two hundred and eighty units of fine - on
the carrier, or a fine from twenty-eight to seventy units of fine
- on the consignor who is a natural person, and a fine from one
hundred and fourteen to two hundred and eighty units of fine - on
the consignor who is a legal person.
(18) For performing carriage by road by exceeding the
determined acceptable axle load, single-axle shaft load, or the
sum of shaft axle load of a vehicle by 10 to 20 per cent
(excluding), a fine from thirty-six to fifty-six units of fine
shall be imposed on the driver of the vehicle, a fine from two
hundred and eighty to four hundred and sixty units of fine - on
the carrier, or a fine from seventy to one hundred and fourteen
units of fine - on the consignor who is a natural person and a
fine from two hundred and eighty to four hundred and sixty units
of fine - on the consignor who is a legal person.
(19) For performing carriage by road by exceeding the
determined acceptable axle load, single-axle shaft load, or the
sum of shaft axle load of a vehicle by 20 per cent or more, a
fine from fifty-six to one hundred and forty units of fine shall
be imposed on the driver of the vehicle, a fine from four hundred
and sixty to one thousand one hundred and forty units of fine -
on the carrier, or a fine from one hundred and fourteen to one
hundred and forty units of fine - on the consignor who is a
natural person, and a fine from four hundred and sixty to one
thousand one hundred and forty units of fine - on the consignor
who is a legal person.
(20) For performing carriage by road by exceeding the
determined length of a vehicle (vehicle combination) with or
without goods by up to two per cent (excluding), a fine from four
to eight units of fine shall be imposed on the driver of the
vehicle, but a fine from eight to fourteen units of fine - on the
carrier.
(21) For performing carriage by road by exceeding the
determined length of a vehicle (vehicle combination) with or
without goods by two to 20 per cent (excluding), a fine from
eight to fourteen units of fine shall be imposed on the driver of
the vehicle, but a fine from fourteen to forty-two units of fine
- on the carrier.
(22) For performing carriage by road by exceeding the
determined length of a vehicle (vehicle combination) with or
without goods by 20 per cent or more, a fine from fourteen to
twenty-eight units of fine shall be imposed on the driver of the
vehicle, but a fine from forty-two to eighty-six units of fine -
on the carrier.
(23) For performing carriage by road by exceeding the
authorised width of a vehicle (vehicle combination) with or
without goods by up to 2.65 metres (excluding), a fine from four
to eight units of fine shall be imposed on the driver of the
vehicle, but a fine from eight to fourteen units of fine - on the
carrier.
(24) For performing carriage by road by exceeding the
determined width of a vehicle (vehicle combination) with or
without goods by 2.65 to 3.10 metres (excluding), a fine from
eight to fourteen units of fine shall be imposed on the driver of
the vehicle, but a fine from fourteen to forty-two units of fine
- on the carrier.
(25) For performing carriage by road by exceeding the
determined width of a vehicle (vehicle combination) with or
without goods by 3.10 metres or more, a fine from fourteen to
twenty-eight units of fine shall be imposed on the driver of the
vehicle, but a fine from forty-two to eighty-six units of fine -
on the carrier.
(26) For violating the regulations regarding the use of a
special permit (licence) or a European Community authorisation, a
fine from fifty-six to eighty-six units of fine shall be imposed
on the carrier.
(27) For the carriage of goods for hire or reward by violating
the regulations regarding the use of a licence card or copy of a
European Community authorisation, a fine from six to fourteen
units of fine shall be imposed on the driver of the vehicle, but
a fine from twenty-eight to fifty-six units of fine - on the
carrier.
(28) For the international carriage of goods for hire or
reward by violating the regulations regarding the use of an
authorisation for the international carriage of goods, a fine
from fourteen to twenty-eight units of fine shall be imposed on
the driver of the vehicle, but a fine from fifty-six to one
hundred and forty units of fine - on the carrier.
(29) For violating the regulations governing cabotage carriage
of goods by road, a fine of fourteen units of fine shall be
imposed on the driver of the vehicle, a fine from fifty-six to
one hundred and forty units of fine - on the carrier, but a fine
from fourteen to twenty-eight units of fine - on the consignor,
forwarder, contractor, or sub-contractor who is a natural or
legal person.
(291) For violating the requirements laid down in
Article 8(2a) of Regulation No 1072/2009 concerning cabotage
carried out with the same vehicle or, if it is a coupled vehicle,
with a motor vehicle of the same vehicle within four days after
the end of the last cabotage in the territory of Latvia, a fine
from fourteen to twenty-eight units of fine shall be imposed on
the driver of the vehicle, but a fine from forty-two to
eighty-six units of fine - on the carrier.
(292) For the failure to provide clear evidence, as
provided for in Article 8(3) of Regulation No 1072/2009, of the
preceding international carriage or of each successive cabotage,
or of all carriages performed if the vehicle is in the territory
of Latvia within four days prior to the international carriage, a
fine from fourteen to twenty-eight units of fine shall be imposed
on the driver of the vehicle, but a fine from forty-two to
eighty-six units of fine - on the carrier.
(30) For the carriage for hire or reward with a vehicle of
another person without the documents specified in laws and
regulations which confirm lease obligations or employment
relationship, a fine from six to fourteen units of fine shall be
imposed on the driver of the vehicle, but a fine from
twenty-eight to seventy units of fine - on the carrier.
(31) For the own-account carriage of goods by violating the
regulations regarding the own-account carriage, a fine from six
to fourteen units of fine shall be imposed on the driver of the
vehicle, but a fine from twenty-eight to fifty-six units of fine
- on the carrier.
(32) For the failure to comply with the prohibition to
participate in road traffic which has been imposed upon
establishing a violation during the control of carriage by road,
a fine from fifty-six to one hundred and fourteen units of fine
shall be imposed on the driver of the vehicle, but a fine from
one hundred and forty to two hundred and eighty units of fine -
on the carrier.
(33) For exceeding the laden weight of the vehicle (vehicle
combination) the laden weight of which does not exceed 3.5 tonnes
by five to 15 per cent (excluding), a fine from eight to fourteen
units of fine shall be imposed on the driver of the vehicle, but
a fine from fourteen to forty-two units of fine - on the
carrier.
(34) For exceeding the laden weight of the vehicle (vehicle
combination) the laden weight of which does not exceed 3.5 tonnes
by 15 to 25 per cent (excluding), a fine from fourteen to
twenty-eight units of fine shall be imposed on the driver of the
vehicle, but a fine from forty-two to eighty-six units of fine -
on the carrier.
(35) For exceeding the laden weight of the vehicle (vehicle
combination) the laden weight of which does not exceed 3.5 tonnes
by 25 per cent or more, a fine from twenty-eight to fifty-six
units of fine shall be imposed on the driver of the vehicle, but
a fine from eighty-six to one hundred and forty units of fine -
on the carrier.
(36) For performing carriage by road by exceeding the
determined height of the vehicle (vehicle combination) with or
without goods by up to two per cent (excluding), a fine from four
to eight units of fine shall be imposed on the driver of the
vehicle, but a fine from eight to fourteen units of fine - on the
carrier.
(37) For performing carriage by road by exceeding the
determined height of the vehicle (vehicle combination) with or
without goods by two to 25 per cent (excluding), a fine from
fourteen to twenty-eight units of fine shall be imposed on the
driver of the vehicle, but a fine from forty-two to eighty-six
units of fine - on the carrier.
(38) For performing carriage by road by exceeding the
determined height of the vehicle (vehicle combination) with or
without goods by 25 per cent or more, a fine from twenty-eight to
fifty-six units of fine shall be imposed on the driver of the
vehicle, but a fine from eighty-six to one hundred forty units of
fine - on the carrier.
[17 June 2020; 10 March 2022; 27 March 2024]
Section 55. Violation of the
Regulations for the Documents Necessary for the Carriage of
Passengers by Road
(1) For the international carriage of passengers for hire or
reward without a European Community authorisation or a certified
copy of a European Community permit, a fine from eighty-six to
one hundred and forty units of fine shall be imposed on the
carrier.
(2) For the carriage of passengers for hire or reward if the
carrier is not able to present a European Community authorisation
or the driver of the vehicle is not able to present a certified
copy of a European Community authorisation, a fine of six units
of fine shall be imposed on the driver of the vehicle, but a fine
from twenty-eight to eighty-six units of fine - on the
carrier.
(3) For the provision of international passenger services for
hire or reward without an authorisation for regular international
passenger services by buses, a fine from fifty-six to one hundred
and forty units of fine shall be imposed on the carrier.
(4) For the provision of international passenger services for
hire or reward if an authorisation for regular international
passenger services by bus cannot be presented, a fine of six
units of fine shall be imposed on the driver of the vehicle, but
a fine from twenty-eight to eighty-six units of fine - on the
carrier.
(5) For the international carriage of passengers for hire or
reward if stops in a Member State do not correspond to the issued
authorisation, a fine of six units of fine shall be imposed on
the driver of the vehicle, but a fine from twenty-eight to
eighty-six units of fine - on the carrier.
(6) For the international carriage of passengers for hire or
reward without the intended journey form, a fine from
twenty-eight to eighty-six units of fine shall be imposed on the
carrier.
(7) For the carriage of passengers by bus for hire or reward
without a special permit (licence), for continuing the carriage
of passengers by bus for hire or reward after the suspension of
operation, cancellation or expiry of the special permit
(licence), a fine from fifty-six to one hundred and forty units
of fine shall be imposed on the driver of the vehicle or the
carrier.
(8) For the carriage of passengers by bus for hire or reward
without a licence card, a fine from fifty-six to one hundred and
forty units of fine shall be imposed on the carrier.
(9) For the provision of regular passenger services for hire
or reward without an attestation, a fine from forty-two to
eighty-six units of fine shall be imposed on the carrier.
(10) For the own-account carriage of passengers without a
certificate for own-account carriage, a fine from twenty-eight to
fifty-six units of fine shall be imposed on the carrier.
[17 June 2020; 27 March 2024]
Section 56. Violation of the
Regulations for the Carriage of Passengers
(1) For violating the regulations regarding the use of a
special permit (licence) or a European Community permit, a fine
from fifty-six to eighty-six units of fine shall be imposed on
the carrier.
(2) For the carriage of passengers by bus for hire or reward
by violating the regulations for the use of a licence card or
copy of a European Community authorisation which are included in
the laws and regulations regarding the carriage of passengers by
bus for hire or reward, a fine from six to fourteen units of fine
shall be imposed on the driver of the vehicle, but a fine from
twenty-eight to fifty-six units of fine - on the carrier.
(3) For the international carriage of passengers by violating
the regulations contained in the laws and regulations regarding
the international carriage of passengers, a fine from fourteen to
twenty-eights units of fine shall be imposed on the driver of the
vehicle.
(4) For the provision of occasional or special regular
passenger services for hire or reward by exceeding the
regulations regarding the occasional or special regular passenger
services, a fine from six to fourteen units of fine shall be
imposed on the driver of the vehicle, but a fine from fifty-six
to one hundred and forty units of fine - on the carrier.
(5) For the own-account carriage of passengers by violating
the regulations regarding the own-account carriage, a fine from
six to fourteen units of fine shall be imposed on the driver of
the vehicle, but a fine from twenty-eight to fifty-six units of
fine - on the carrier.
(6) For violating the regulations governing cabotage carriage
of passengers by road, a fine of fourteen units of fine shall be
imposed on the driver of the vehicle, but a fine from fifty-six
to one hundred and forty units of fine - on the carrier.
(7) For the absence of cabotage control documents referred to
in Article 17 of Regulation No 1073/2009 on board the vehicle or
the failure to produce them at the time of a roadside check, a
fine from fourteen to twenty-eight units of fine shall be imposed
on the driver of the vehicle, but a fine from fifty-six to one
hundred and forty units of fine - on the carrier.
[17 June 2020; 27 March 2024]
Section 57. Violation of the
Regulations in Respect of Taxi Service and Commercial Passenger
Car Service
(1) For performing taxi service and commercial passenger car
service if the driver has not been registered with the Register
of Taxi Drivers, a fine from ten to one hundred and thirty units
of fine shall be imposed on the driver of the vehicle, but a fine
from seventy to two hundred and eighty units of fine - on the
carrier.
(2) For violating the regulations regarding the performance of
taxi service and commercial passenger car service, failure to
comply with the prohibition or failure to provide with the
equipment which corresponds to specific requirements, a warning
or a fine from ten to one hundred and thirty units of fine shall
be imposed on the driver of the vehicle, but a fine from seventy
to two hundred and eighty units of fine - on the carrier.
(3) For using an unregistered website or mobile application
service to provide carriage by road service, a fine from ten to
one hundred and thirty units of fine shall be imposed on the
driver of the vehicle, but a fine from seventy to two hundred and
eighty units of fine - on the carrier.
[17 June 2020 / See Paragraph 46 of Transitional
Provisions]
Section 57.1 Violation of
the Regulations for the Provision of Website and Mobile
Application Services
For offering a non-compliant carrier, driver, or road vehicle
on a website or mobile application, a fine from seventy to two
hundred and eighty units of fine shall be imposed on the provider
of a website or mobile application service.
[27 March 2024]
Section 58. Violation of the
Regulations in Respect of the Use of a Tachograph and Speed
Limitation Device, and of the Regulations in Respect of the
Registration of Work and Rest Time
(1) For performing carriage by road with a vehicle by using a
tachograph which does not have a certificate of conformity in
respect of the type, a fine from eighty-six to one hundred and
forty units of fine shall be imposed on the carrier.
(2) For performing carriage by road with a vehicle by using a
tachograph which has not been tested by an approved workshop, a
fine from forty-two to eighty-six units of fine shall be imposed
on the carrier.
(21) For performing carriage by road with a vehicle
using a tachograph which has not undergone the primary or
periodic examinations or calibration, or sealing, a fine from
fourteen to twenty-eight units of fine shall be imposed on the
driver of the vehicle, but a fine from forty-two to eighty-six
units of fine - on the carrier.
(3) For driving a vehicle equipped with a digital tachograph
by using more than one personalised driver card, a fine from
fifty-six to one hundred and fourteen units of fine shall be
imposed on the driver of the vehicle, but a fine from one hundred
and forty to two hundred and eighty units of fine - on the
carrier.
(4) For driving a vehicle equipped with a digital tachograph
by using a driver card which has not been issued to this driver,
a fine from fifty-six to one hundred and fourteen units of fine
shall be imposed on the driver of the vehicle, but a fine from
one hundred and forty to two hundred and eighty units of fine -
on the carrier.
(5) For driving a vehicle equipped with a digital tachograph
by using a driver card which has been obtained on the basis of
false declarations or forged documents, a fine from fifty-six to
one hundred and fourteen units of fine shall be imposed on the
driver of the vehicle, but a fine from one hundred and forty to
two hundred and eighty units of fine - on the carrier.
(6) For driving a vehicle equipped with a digital tachograph
without a driver card or by using a driver card which is
defective or which has expired, a fine from fifty-six to one
hundred and fourteen units of fine shall be imposed on the driver
of the vehicle, but a fine from one hundred and forty to two
hundred and eighty units of fine - on the carrier.
(7) For failure to inform the competent authority within seven
days of defects in a driver card, errors in the operation of the
card or loss thereof, a warning or a fine of three units of fine
shall be imposed on the driver of the vehicle.
(8) For performing carriage by road with a vehicle that has
not been equipped with a digital tachograph in accordance with
the requirements of laws and regulations, a fine from fifty-six
to one hundred and fourteen units of fine shall be imposed on the
driver of the vehicle, but a fine from one hundred and forty to
two hundred and eighty units of fine - on the carrier.
(9) For performing carriage by road with a vehicle the
tachograph of which malfunctions, a fine from fourteen to
twenty-eight units of fine shall be imposed on the driver of the
vehicle, but a fine from forty-two to eighty-six units of fine -
on the carrier.
(10) For performing carriage by road with a vehicle by
misusing a tachograph, a fine from fourteen to twenty-eight units
of fine shall be imposed on the driver of the vehicle, but a fine
from forty-two to eighty-six units of fine - on the carrier.
(11) For performing carriage by road with a vehicle that has a
manipulation device which may be used or which is used to falsify
tachograph data or printout information, a fine from fifty-six to
one hundred and fourteen units of fine shall be imposed on the
driver of the vehicle, but a fine from one hundred and forty to
two hundred and eighty units of fine - on the carrier.
(12) For falsifying, concealing, destroying data recorded on a
record sheet (tachograph sheet), stored on a tachograph or driver
card or printout from a tachograph, or for any manipulation of
the record sheet (tachograph sheet), tachograph or driver card
which may result in falsification or destruction of data or
printout information, a fine from fifty-six to one hundred and
fourteen units of fine shall be imposed on the driver of the
vehicle, but a fine from one hundred and forty to two hundred and
eighty units of fine - on the carrier.
(13) For the failure to comply with the regulations regarding
registration of work and rest time of the driver of the vehicle
and recording and storage of documents within an undertaking, a
fine from forty-two to eighty-six units of fine shall be imposed
on the carrier.
(14) For the failure to comply with the regulations regarding
storage of registered and stored data within an undertaking, a
fine from forty-two to eighty-six units of fine shall be imposed
on the carrier.
(15) For using an incorrect record sheet (tachograph sheet) or
driver card which has manifested itself as follows:
1) failure to enter (record) data manually in the cases
specified in laws and regulations, a fine from fourteen to
twenty-eight units of fine shall be imposed on the driver of the
vehicle, but a fine from forty-two to eighty-six units of fine -
on the carrier;
2) misuse of a record sheet (tachograph sheet) or driver card
if several drivers of the vehicle are involved in the carriage by
road, a fine from fourteen to twenty-eight units of fine shall be
imposed on the driver of the vehicle, but a fine from forty-two
to eighty-six units of fine - on the carrier;
3) failure to enter the necessary information on a record
sheet, a fine from fourteen to twenty-eight units of fine shall
be imposed on the driver of the vehicle, but a fine from
forty-two to eighty-six units of fine - on the carrier;
4) failure to show on a record sheet or in tachograph records
the symbols of the countries in which the driver of the vehicle
started and finished his or her daily working period, a fine from
eight to fourteen units of fine shall be imposed on the driver of
the vehicle, but a fine from fourteen to eighty-six units of fine
- on the carrier;
5) failure to show the symbols of the countries which were
crossed by the driver of the vehicle during the daily working
period on a record sheet or in tachograph records, a fine from
eight to fourteen units of fine shall be imposed on the driver of
the vehicle, but a fine from fourteen to eighty-six units of fine
- on the carrier;
6) misuse of the mark "ferry/train" on a record sheet or in
tachograph records or failure to use it, a fine from eight to
fourteen units of fine shall be imposed on the driver of the
vehicle, but a fine from fourteen to eighty-six units of fine -
on the carrier;
7) [27 March 2024];
8) [27 March 2024];
9) [27 March 2024].
(16) For unauthorised removal of a record sheet (tachograph
sheet) or driver card:
1) if it does not affect recording of the relevant data, a
warning or a fine of three units of fine shall be imposed on the
driver of the vehicle;
2) if it affects recording of the relevant data, a fine from
twenty-eight to fifty-six units of fine shall be imposed on the
driver of the vehicle, but a fine from eighty-six to one hundred
and forty units of fine - on the carrier.
(17) For using a record sheet (tachograph sheet) for a period
longer than intended:
1) if the data recorded thereon are legible, a warning or a
fine of three units of fine shall be imposed on the driver of the
vehicle;
2) if the data recorded thereon are illegible (data are lost),
a fine from twenty-eight to fifty-six units of fine shall be
imposed on the driver of the vehicle, but a fine from eighty-six
to one hundred and forty units of fine - on the carrier.
(18) For using a dirty or defective record sheet (tachograph
sheet) if the data recorded thereon are illegible, a fine from
twenty-eight to fifty-six units of fine shall be imposed on the
driver of the vehicle, but a fine from eighty-six to one hundred
and forty units of fine - on the carrier.
(19) For using several record sheets (tachograph sheets) over
a period of twenty-four hours without due cause, a fine from
fourteen to twenty-eight units of fine shall be imposed on the
driver of the vehicle, but a fine from forty-two to eighty-six
units of fine - on the carrier.
(20) For deviation of the time recorded on a record sheet
(tachograph sheet) from the official time of a country of the
registration of vehicle, a fine from eight to fourteen units of
fine shall be imposed on the driver of the vehicle, but a fine
from fourteen to forty-two units of fine - on the carrier.
(21) For using a record sheet (tachograph sheet) the type of
which does not correspond to a tachograph or for failure to place
a driver card in the correct opening of the tachograph if there
are several drivers, a fine from twenty-eight to fifty-six units
of fine shall be imposed on the driver of the vehicle, but a fine
from eighty-six to one hundred and forty units of fine - on the
carrier.
(22) For failure to use or for misusing a shift mechanism of a
tachograph, a fine from fourteen to twenty-eight units of fine
shall be imposed on the driver of the vehicle, but a fine from
forty-two to eighty-six units of fine - on the carrier.
(23) For failure to provide the driver of the vehicle with the
documents and record sheets (tachograph sheets) confirming work
and rest time of the driver specified and laws and regulations, a
fine from fourteen to forty-two units of fine shall be imposed on
the carrier.
(24) For insufficient amount of paper to print information in
a digital tachograph, a warning or a fine of three units of fine
shall be imposed on the driver of the vehicle, but a warning or a
fine of eight units of fine shall be imposed on the carrier.
(25) For failure to demonstrate data regarding a relevant day
and previous 28 days, a fine from fourteen to twenty-eight units
of fine shall be imposed on the driver of the vehicle, but a fine
from forty-two to eighty-six units of fine - on the carrier.
(26) [27 March 2024]
(27) For failure to demonstrate data entered manually and a
printout regarding a relevant day and previous 28 days, a fine
from fourteen to twenty-eight units of fine shall be imposed on
the driver of the vehicle, but a fine from forty-two to
eighty-six units of fine - on the carrier.
(28) For completing a report on work time of the driver of the
vehicle in a calendar week in an incorrect or incomplete manner,
a fine from fourteen to twenty-eight units of fine shall be
imposed on the driver of the vehicle, but a fine from forty-two
to eighty-six units of fine - on the carrier.
(29) For performing carriage by road by using a tachograph
which has not been repaired by an approved workshop, a fine from
forty-two to eighty-six units of fine shall be imposed on the
carrier.
(30) For performing carriage by road if the driver of the
vehicle fails to indicate all the required information regarding
periods which are not recorded while the tachograph is
unserviceable or malfunctioning, a fine from fourteen to
twenty-eight units of fine shall be imposed on the driver of the
vehicle, but a fine from forty-two to eighty-six units of fine -
on the carrier.
(31) For violating the regulations regarding use of a driver's
work and rest time record sheet (tachograph sheet), tachograph or
driver card which has been established during the control of an
undertaking, a fine from twenty-eight to two hundred and eighty
units of fine shall be imposed on the carrier.
(32) For performing carriage by road with a vehicle that has
not been equipped with a speed limitation device in compliance
with the requirements of laws and regulations, a fine from
fifty-six to one hundred and fourteen units of fine shall be
imposed on the driver of the vehicle, but a fine from one hundred
and forty to two hundred and eighty units of fine - on the
carrier.
(33) For performing carriage by road if the speed limitation
device does not correspond to the specified technical
requirements, a fine from twenty-eight to fifty-six units of fine
shall be imposed on the driver of the vehicle, but a fine from
eighty-six to one hundred and forty units of fine - on the
carrier.
(34) For performing carriage by road if the speed limitation
device has not been installed by an approved workshop, a fine
from fourteen to forty-two units of fine shall be imposed on the
carrier.
(35) For performing carriage by road with a vehicle that has a
manipulation device which may be used or which is used to falsify
data of the speed limitation device or printout information, a
fine from fifty-six to one hundred and fourteen units of fine
shall be imposed on the driver, but a fine from one hundred and
forty to two hundred and eighty units of fine - on the
carrier.
(36) For performing carriage by road with a vehicle the speed
limitation device of which has not undergone the primary or
periodic examinations, a fine from fourteen to twenty-eight units
of fine shall be imposed on the driver of the vehicle, but a fine
from forty-two to eighty-six units of fine - on the carrier.
(37) For performing carriage by road if the speed limitation
device is defective and the defect has not been corrected in
accordance with the specified procedures, a fine from
twenty-eight to fifty-six units of fine shall be imposed on the
driver of the vehicle, but a fine from eighty-six to one hundred
and forty units of fine - on the carrier.
[17 June 2020; 27 March 2024 / Amendment to
Paragraphs twenty-five and twenty-seven regarding the replacement
of the number and word "28 days" with the number and word "56
days" shall come into force on 31 December 2024 and shall be
included in the wording of the Law as of 31 December 2024. See
Paragraph 52 of Transitional Provisions]
Section 58.1 Violation of
the Rules for Posting a Driver of a Vehicle
(1) For the incomplete filing of a posting declaration on the
posting of a driver of a vehicle to Latvia in the public
interface linked to the IMI System, a fine from fourteen to
forty-two units of fine shall be imposed on the carrier.
(2) For the failure to send a posting declaration on the
posting of a driver of a vehicle to Latvia via the public
interface linked to the IMI System before the start of the
posting period, a fine from forty-two to eighty-six units of fine
shall be imposed on the carrier.
(3) For the failure to update the information contained in the
posting declaration on the posting of a driver of a vehicle to
Latvia in the public interface linked to the IMI System, a fine
from fourteen to forty-two units of fine shall be imposed on the
carrier.
(4) For the failure to present a valid posting declaration on
the posting of a driver of a vehicle to Latvia, a fine from
fourteen to twenty-eight units of fine shall be imposed on the
driver of the vehicle.
(5) For the failure to issue a valid posting declaration on
the posting of a driver of a vehicle to Latvia to the driver of
the vehicle, a fine from forty-two to eighty-six units of fine
shall be imposed on the carrier.
(6) For imposing such conditions for the provision of a
transport service which result in the violation of the rules
governing the posting of a driver of a vehicle where the
occurrence of such consequences is known or, considering the
relevant circumstances, should have been known, a fine from
fourteen to twenty-eight units of fine shall be imposed on the
consignor, forwarder, contractor, or sub-contractor.
(7) For the failure to provide, within the time limits laid
down in this Law, the documents requested by the competent
authority of a European Union Member State or the information
relating to the posting of a driver through the IMI System, a
fine from forty-two to eighty-six units of fine shall be imposed
on the carrier.
[27 March 2024]
Section 59. Payment of the Fine
Imposed in an Administrative Offence Case
It is prohibited to issue a driver's licence to a person who
is avoiding the payment of the fine specified in this Law, to
conduct the roadworthiness test of a vehicle owned (held,
possessed) by the person, and to perform registration activities
in the State Register of Vehicles and Drivers Thereof or the
Information System of Tractor-type Machinery and Drivers Thereof,
except for the writing-off of the vehicle and temporary
suspension of the vehicle registration by handing over the number
plates.
[27 March 2024]
Section 60. Competence in the
Imposition of Sanctions
(1) [27 March 2024]
(2) The State Border Guard shall conduct the administrative
offence proceedings regarding the offences referred to in Section
55, Paragraphs three, four, and six of this Law if the
abovementioned offences have been established by border guards
upon implementing control (supervision) measures specified in
laws and regulations.
(3) The transport control service of a local government shall
conduct the administrative offence proceedings regarding the
offences referred to in Section 53 (except for the offences
provided for in Paragraphs five and six thereof), Section 54,
Section 55, Paragraphs one, two, eight, nine, and ten, Sections
56, 57, 57.1, and 58 of this Law.
(4) The municipal police shall conduct the administrative
offence proceedings regarding the offences referred to in
Sections 57 and 57.1 of this Law if the relevant local
government has not established a transport control service of a
local government. An administrative commission or panel of a
local government shall examine an administrative offence
case.
(5) The State Police shall conduct the administrative offence
proceedings regarding the offences referred to in Sections 53,
54, 55, 56, 57, 57.1, 58, and Section 58.1,
Paragraphs one, two, three, five, and six of this Law.
(6) The administrative offence proceedings for the offence
referred to in Section 58.1, Paragraph seven of this
Law shall be conducted by the State Labour Inspectorate.
[17 June 2020; 27 March 2024]
Transitional Provisions
1. With the coming into force of this Law, Cabinet Regulation
No. 41, Regarding Carriage by Road Transport, issued in
accordance with the procedures laid down in Article 81 of the
Constitution (Latvijas Republikas Saeimas un Ministru Kabineta
Ziņotājs, 1994, No. 4), is repealed.
2. Section 29, Paragraph five of this Law shall come into
force on 1 July 1996.
3. Provisions of Section 48 of this Law shall come into force
concurrently with the laws regulating the relevant type of
insurance.
[13 March 1997]
4. [13 March 1997]
5. The provisions of Section 6, Paragraph one and Section 30,
Paragraph one of this Law shall come into force:
1) on 1 October 2001 - in relation to merchants who, after the
coming into force of this Law, receive the special permits
(licences) of the Ministry of Transport for international
carriage for the first time;
2) on 1 October 2002 - in relation to merchants who perform
carriage within the borders of the State.
[10 May 2001]
6. Special permits (licences) of the Ministry of Transport or
republic city council (district council) issued before the time
limit referred to in Paragraph 5 of the Transitional Provisions
shall remain valid without the requirement to obtain the
certificate of vocational qualification until the expiry of the
special permit (licence), except for the case when another
transport manager (administrator) is hired by an undertaking.
[10 May 2001]
7. Section 12, Paragraph six of this Law shall come into force
on 1 January 2002.
[10 May 2001]
8. [4 April 2007]
9. Until the day when the relevant Cabinet regulations come
into force, but not longer than by 1 April 2005, the following
Cabinet regulations shall be applicable, insofar as they are not
in contradiction with this Law:
1) Cabinet Regulation No. 320 of 19 September 2000, Procedures
for the Issuing of Permits for International Carriage of Goods by
Road;
2) Cabinet Regulation No. 547 of 23 December 2002, Procedures
for the Issuing of Certificates of Vocational Competence of
Carriage of Passengers and Goods by Road;
3) Cabinet Regulation No. 464 of 19 August 2003, Procedures
for the Organisation and Performance of International Carriage of
Passengers by Busses, Opening, Changing, and Closing of Routes
and Issue of Permits Specified in International Agreements;
4) Ministry of Transport Regulation No. 23 of 13 July 1999,
Procedures for Registration of Bus Stations and List of Mandatory
Services;
5) Ministry of Transport Regulation No. 45 of 28 December
1999, Regulations on Mandatory Requisites of Bus Tickets and
Other Travel Documents.
[2 December 2004]
10. [1 December 2005]
11. Amendments to Section 1, Clause 5, Section 6, Paragraph
one, and Section 30, Paragraph one of this Law regarding deletion
of the word "(administrator)" (in respective case) shall come
into force concurrently with the relevant amendments to the law
On the Regulated Professions and the Recognition of Professional
Qualifications.
[5 May 2005]
12. [28 September 2017]
13. [28 September 2017]
14. The Cabinet shall, by 1 July 2007, issue the regulations
referred to in Section 5.1, Paragraph two of this Law
regarding approval of the price list of such services which are
provided by the Road Transport Administration in fulfilling the
State administration tasks delegated thereto. Until the day of
the coming into force of the relevant regulations, but not later
than by 1 July 2007, Cabinet Regulation No. 1039 of 19 December
2006, Regulations Regarding the Price List of Paid Services
Provided by the State Limited Liability Company "Road Transport
Administration", shall be applicable, insofar as it is not in
contradiction with this Law.
[4 April 2007]
15. Section 5.2, Paragraph three of this Law shall
come into force on 1 July 2007. The Cabinet shall, by 1 July
2007, issue the regulations referred to in Section
5.2, Paragraph three of this Law.
[4 April 2007]
16. [28 September 2017]
17. [28 September 2017]
18. Section 39, Paragraph 5.1 of this Law shall
come into force on 1 August 2007. The Cabinet shall, by 1 August
2007, determine the procedures referred to in Section 39,
Paragraph 5.1 of this Law by which the fee (tariffs)
specified by the carrier for the services of the carriage of
passengers and luggage by a taxi is indicated on the outside on
the taxi bodywork.
[4 April 2007]
19. The amendments to this Law regarding deletion of Sections
29.1, 29.2, 31, and 32, Section 37,
Paragraph four and Section 38 and regarding supplementation of
this Law with Section 1, Clause 29.1 and Section
32.1, as well as regarding the new wording of Section
34, Paragraphs two and three shall come into force on 1 January
2008.
[14 June 2007; 13 December 2007]
20. The Cabinet shall, by 31 December 2007, issue the
regulations referred to in Section 33, Paragraph five of this Law
governing the procedures for registering bus stations and the
services to be mandatorily provided in bus stations. Until the
day of coming into force of the relevant regulations, but not
later than by 31 December 2007, Cabinet Regulation No. 665 of 6
September 2005, Procedures for the Registration of Bus Stations,
shall be applicable, insofar as it is not in contradiction with
this Law.
[14 June 2007]
21. [13 December 2007]
22. The amendment to Section 5.1, Paragraph one of
this Law regarding the supplementation thereof with Clause 8
shall come into force on 1 March 2008. Until the day of coming
into force of the relevant norm, the Cabinet shall issue Cabinet
regulations corresponding thereto.
[13 December 2007]
23. Until the day when the regulations referred to in Section
35, Paragraph six and Section 37, Paragraph three of this Law
shall come into force regarding the procedures by which the
carriage of passengers by taxis shall be performed, but not later
than by 1 June 2008, Cabinet Regulation No. 814 of 27 November
2007, Regulations Regarding the Carriage of Passengers by Taxis,
shall be applicable, insofar as it is not in contradiction with
this Law.
[13 December 2007]
24. The Cabinet shall, by 1 April 2008, issue the regulations
referred to in Section 38.1 of this Law regarding
mandatory ticket information in regular international passenger
services between Latvia and the countries which are not European
Union Member States. Until the day of coming into force of such
regulations, the relevant ticket information shall be determined
by the carrier.
[13 December 2007]
25. A special permit (licence) issued by the district council
for the carriage of passengers by bus in the former district
territory shall be valid until expiry of its term of validity,
but not longer than by 31 December 2011.
[6 November 2008]
26. A special permit (licence) issued by the district council
for the carriage of passengers by taxis in the former district
territory shall be valid until expiry of its term of validity,
but not longer than by 31 December 2011.
[6 November 2008]
27. Amendments to Section 32.1, Paragraph one,
Section 34, Paragraph two, and Section 38.1, Paragraph
two of this Law regarding substitution of the words "Ministry of
Transport" with the words "Road Transport Administration" shall
come into force on 30 September 2011. The authorisations issued
by 30 September 2011 for the regular international passenger
services shall be valid until expiry of the term of validity
indicated therein.
[12 May 2011]
28. Section 35, Paragraph seven of this Law shall come into
force on 1 September 2011. Until the day of coming into force of
the relevant norm, the Cabinet shall issue regulations
corresponding thereto.
[12 May 2011]
29. The amendment to this Law regarding the new wording of the
second sentence of Section 37, Paragraph three shall come into
force on 1 February 2012.
[12 May 2011]
30. The Cabinet shall, by 1 November 2011, issue the
regulations referred to in Section 6, Paragraph five and Section
30, Paragraph six of this Law governing the amount of the State
fee for the issuance of a special permit (licence) for the
carriage of goods by heavy goods vehicles for hire or reward and
the State fee for the issuance of a special permit (licence) for
the carriage of passengers for hire or reward, and the payment
procedures. Until the day of coming into force of the relevant
regulations, but not later than by 1 November 2011, the Cabinet
Regulation No. 826 of 1 November 2005, Regulations Regarding the
State Fee for the Issuance of a Special Permit (Licence) for the
Performance of Carriage by Road Transport for Hire or Reward,
shall be applicable, insofar as it is not in contradiction with
this Law.
[12 May 2011]
31. On the basis of Article 2(4) of the Regulation (EU) No
181/2011 of the European Parliament and of the Council of 16
February 2011 concerning the rights of passengers in bus and
coach transport and amending Regulation (EC) No 2006/2004, by 28
February 2017 exemption from the application of the
abovementioned Regulation is determined, until 28 February 2021,
in Latvia in relation to domestic regular passenger services by
bus, except for Articles 4(2), 9, 10(1), 16(1)(b), 16(2), 17(1)
and (2), 24, 25, 26, 27, and 28 thereof.
[7 February 2013; 28 September 2017]
32. The amendments to this Law regarding supplementation of
Section 1 with Clause 26.1 and 26.2,
supplementation of Section 5.1, Paragraph one with
Clause 11, supplementation of Section 5.4 with Clauses
7 and 8, new wording of Section 29, Paragraph two and
supplementation thereof with Paragraph four, new wording of
Section 35, and deletion of Section 39, Paragraph five shall come
into force on 1 March 2018. Until the day of coming into force of
the relevant amendments, the Cabinet shall issue regulations
corresponding thereto referred to in Section 35 (wording that
comes into force on 1 March 2018), Paragraphs three, six, eight,
and nine.
[28 September 2017]
33. The special permit (licence) for the carriage of
passengers by a taxi within the territory of a local government
which has been issued by 28 February 2018 shall be valid in the
territory of the relevant local government until the date of
expiry thereof, but not later than by 30 April 2018, and a
licence card issued to a vehicle of the carrier by 30 April 2018
shall be valid in the territory of the relevant local government
not later than by 31 May 2018.
[28 September 2017]
34. The persons who drive a vehicle while performing the taxi
service shall, by 31 May 2018, ensure compliance of the operation
thereof with the requirements referred to in Section 35,
Paragraph eight of this Law (wording that comes into force on 1
March 2018).
[28 September 2017]
35. The persons who perform commercial passenger car service
shall, by 31 May 2018, ensure compliance of the operation thereof
with the requirements referred to in Section 35 of this Law
(wording that comes into force on 1 March 2018).
[28 September 2017]
36. The Cabinet shall, by 30 June 2018, issue the regulations
referred to in Section 33, Paragraph five of this Law. Until the
day of coming into force of the relevant Cabinet regulations, but
not later than by 31 December 2018, the Cabinet Regulation No.
846 of 11 December 2007, Regulations Regarding the Procedures for
Registering Bus Stations, Services to be Provided Mandatorily in
Bus Stations, and the Procedures by which Buses Enter the
Territory of a Bus Station and Stay Therein, shall be applicable,
insofar as it is not in contradiction with this Law.
[28 September 2017]
37. Section 5.1, Paragraph one, Clauses 12 and 13,
and Section 33, Paragraph six of this Law shall come into force
on 1 January 2019.
[28 September 2017]
38. Section 29, Paragraph five of this Law shall be applicable
from 1 January 2020.
[13 June 2019]
39. Amendments to this Law regarding the supplementation of
Section 1 with Clauses 32.1 and 32.2,
supplementation of this Law with Section 4.2, new
wording of Section 29, Paragraphs two and four and
supplementation of Section with Paragraphs six, seven, eight, and
nine, new wording of Section 35, Paragraph one, supplementation
of Section with Paragraphs 1.1, 1.2,
1.3, 1.4, 1.5, 1.6,
and 1.7, new wording of Paragraph three,
supplementation of Section with Paragraphs 3.1,
3.2, and 3.3, deletion of Paragraph four,
new wording of Paragraph five, supplementation of Section with
Paragraphs 5.1, 5.2, 5.3,
5.4, 5.5, and 5.6, new wording
of Paragraph six and supplementation of Section with Paragraphs
6.1, 6.2, and 6.3,
supplementation of this Law with Sections 35.1 and
35.2, new wording of Section 37, Paragraph three and
supplementation of Section with Paragraph five, new wording of
Section 39, Paragraph 5.1 and supplementation of
Section with Paragraphs 5.2, 5.3, and
5.4, new wording of the title of Section 40 and
supplementation of Section with Paragraphs nine, ten, eleven,
twelve, thirteen, and fourteen shall come into force on 1
September 2019.
[13 June 2019]
40. The Cabinet shall, by 31 August 2019, issue the
regulations referred to in Section 4.2, Paragraph
three, Section 29, Paragraph nine, Section 35, Paragraph
1.7, Paragraph three, Paragraph 5.6, and
Paragraph six, Section 35.1, Paragraphs two and seven,
Section 35.2, Paragraph seven, and Section 39,
Paragraph 5.3 of this Law. Until the day of coming
into force of the relevant Cabinet regulations, but not later
than by 31 August 2019, Cabinet Regulation No. 147 of 6 March
2018, Procedures for Performing the Commercial Passenger Car
Service, and Cabinet Regulation No. 148 of 6 March 2018,
Requirements for the Receipt of a Special Permit (Licence) in a
Planning Region and a Republic City and the Procedures for
Performing the Taxi Service, shall be applicable, insofar as they
are not in contradiction with this Law.
[13 June 2019]
41. The Cabinet shall, by 30 November 2019, issue the
regulations referred to in Section 33, Paragraph five, Clauses 1
and 3 of this Law.
[13 June 2019]
42. By 31 October 2019, persons who provide website or mobile
application services shall ensure compliance of their operation
with the requirements referred to in Section 35.2,
Paragraph one of this Law.
[13 June 2019]
43. The Cabinet shall, by 30 November 2019, issue the
regulations referred to in Section 51, Paragraph three of this
Law. Until the day of coming into force of the relevant Cabinet
regulations, but not later than by 30 November 2019, Cabinet
Regulation No. 327 of 20 April 2004, Procedures for the
Performance of Own-account Passenger and Freight Transport
Operations, shall be applicable, insofar as it is not in
contradiction with this Law.
[13 June 2019]
44. [27 March 2024]
45. [27 March 2024]
46. Chapter VI of this Law shall come into force concurrently
with the Law on Administrative Liability.
[17 June 2020]
47. A special permit (licence) and a licence card for the taxi
service which has been issued by a local government of Valmiera
City or local government of Jēkabpils City before 30 June 2021
shall be valid until expiry thereof for the provision of taxi
services in the relevant planning region.
[4 February 2021]
48. Amendments to this Law regarding the new wording of
Paragraph three of Section 6 shall come into force on 21 May
2022. Licence cards for the international carriage of goods by
heavy goods vehicles the total permissible laden weight of which
does not exceed 3.5 tonnes shall be valid until 20 May 2022.
Licence cards for the carriage of passengers by bus for hire or
reward in the territory of Latvia and for the carriage of goods
by heavy goods vehicles for hire or reward in the territory of
Latvia issued until 14 March 2022 shall be valid until their
expiry date.
[10 March 2022]
49. Special permits (licences) issued by the Road Transport
Administration until 14 March 2022 for the carriage of goods by
heavy goods vehicles and for the carriage of passengers by buses
for hire or reward shall be valid until their expiry for the
relevant type of carriage both in the territory of Latvia and
internationally. The name of the entry of the issued licence in
the Informative Database of Road Transport Operators shall be
automatically changed to the name of the relevant mode of
transport in accordance with the provisions of Section 6,
Paragraph one and Section 30, Paragraph one of this Law. Special
permits (licences) issued for the carriage of goods by heavy
goods vehicles and for the carriage of passengers by buses for
hire or reward in the territory of Latvia shall be assigned a new
number until their expiry date.
[10 March 2022]
50. Amendments to this Law regarding the new wording of
Paragraphs two and four of Section 29 shall come into force
concurrently with the relevant amendments to the law On Taxes and
Fees which provide for the right of the State Revenue Service to
apply a prohibition on the use of a road vehicle for carriage by
taxi and car for hire or reward.
[27 March 2024 / The abovementioned amendments shall
be included in the wording of the Law on the day of coming into
force of the relevant amendments to the law On Taxes and
Fees]
51. Section 29, Paragraph five, Clause 1 of this Law shall be
in force until 31 December 2026.
[27 March 2024]
52. The amendments to Section 58, Paragraphs twenty-five and
twenty-seven of this Law shall come into force on 31 December
2024.
[27 March 2024 / The abovementioned amendments shall
be included in the wording of the Law as of 31 December
2024]
53. The Cabinet shall, by 31 December 2024, issue the
regulations referred to in Section 33, Clauses 2.1, 4,
5, and 6 of this Law.
[27 March 2024]
Informative Reference to the
European Union Directive
[4 April 2007; 15 June 2017; 17
June 2020; 10 March 2022]
This Law contains legal norms arising from:
1) Directive 2003/59/EC of the European Parliament and of the
Council of 15 July 2003 on the initial qualification and periodic
training of drivers of certain road vehicles for the carriage of
goods or passengers, amending Council Regulation (EEC) No 3820/85
and Council Directive 91/439/EEC and repealing Council Directive
76/914/EEC;
2) Directive 2006/1/EC of the European Parliament and of the
Council of 18 January 2006 on the use of vehicles hired without
drivers for the carriage of goods by road;
3) Directive (EU) 2015/719 of the European Parliament and of
the Council of 29 April 2015 amending Council Directive 96/53/EC
laying down for certain road vehicles circulating within the
Community the maximum authorised dimensions in national and
international traffic and the maximum authorised weights in
international traffic;
4) Directive (EU) 2018/645 of the European Parliament and of
the Council of 18 April 2018 amending Directive 2003/59/EC on the
initial qualification and periodic training of drivers of certain
road vehicles for the carriage of goods or passengers and
Directive 2006/126/EC on driving licences;
5) Directive (EU) 2020/1057of the European Parliament and of
the Council of 15 July 2020 laying down specific rules with
respect to Directive 96/71/EC and Directive 2014/67/EU for
posting drivers in the road transport sector and amending
Directive 2006/22/EC as regards enforcement requirements and
Regulation (EU) No 1024/2012.
This Law has been adopted by the Saeima on 23 August
1995.
President G. Ulmanis
Rīga, 12 September 1995
1 The Parliament of the Republic of
Latvia
Translation © 2024 Valsts valodas centrs (State
Language Centre)