Administrative fees for road transport operators
The Swedish legal system allows the use of several different penalties when infringements are detected at a roadside check. One of the more common penalties used is administrative fees.
Administrative fees are commonly used in situations when infringements are detected at a roadside check and the transport operator is established in another state than Sweden. In such situations, the enforcement officer is obliged to collect an advance payment of the administrative fee. The truck may not proceed on its journey until the advanced payment has been made. Once payment has been made, and the cause of the infringement has been addressed, the vehicle may continue and the enforcement officer will forward the information in the case to the Swedish Transport Agency, who will investigate the case further.
During this investigation the Swedish Transport Agency will provide the transport operator with an opportunity to submit additional information or statements. When the investigation has been concluded, the Swedish Transport Agency will notify the transport operator of its final decision regarding the administrative fee.
Administrative fees for transport operators
Cabotage
A penalty fee shall be imposed on the transport company that violates the provisions regarding cabotage transport. The enforcement officer shall collect an advance payment of the penalty fee. The penalty fee is SEK 60,000.
Posting of drivers
The Swedish Transport Agency decides on penalty fees for foreign transport companies that violate the provisions regarding posting drivers. A penalty fee shall be imposed on the transport company whose driver cannot present a valid posting declaration at a roadside check.
It is only in the case of ongoing cabotage transport that a roadside inspection officer shall decide on an advance penalty fee. The penalty fee is SEK 60,000.
Driving and rest times and tachographs
Within EU/EEA/Switzerland
A penalty fee is imposed on the transport company that violates the provisions regarding driving and rest times and tachographs.
A penalty fee is also imposed on the driver who has committed violations against driving and rest times outside Sweden.
The road safety officer collects an advance payment for the penalty fee if foreign transport companies and drivers have committed violations. The size of the penalty fee is affected by the severity of the violations and the number of violations.
AETR
For transports covered by the AETR regulations, a penalty fee shall be imposed if a violation has occurred against the rules on driving and rest times and tachographs. Note that no advance payment may be collected in these cases.
Overload
An overload penalty fee is imposed when vehicles infringe weights regulated in the Swedish law on overload charges.
Such infringements are driving with a higher axle load, bogie load or gross weight than permitted. An overload penalty fee for a motor vehicle is imposed on the owner of the vehicle. An overload penalty fee for a trailer is imposed on the owner of the vehicle from which the trailer is towed. The amount of the overload penalty fee varies and is determined based on the law on overload charges. Roadside enforcement officers collect an advance payment for the overload penalty fee for vehicle owners established outside the Nordic countries.
Administrative fees for transport operators who cannot present the necessary transport documents
Transport operators who transport goods or persons for hire or reward have to make sure that the necessary documents, which fulfill the requirements for the transport in question, are kept on board the vehicle and can be presented at the request of any authorized enforcement officer.
Transport operators will be penalized if they are unable to present the following required documents at a roadside check in Sweden:
- Certified copy of the community license according to Regulation 1072/2009
- Driver attestation according to Regulation 1072/2009
- Certified copy of the community license according to Regulation 1073/2009
- Copy of authorisation for regular traffic according to Regulation 1073/2009
- Control documents (journey form for occasional traffic or cabotage operations, original or copy of contract regarding special regular services) according to Regulation 1073/2009
- Waybill for occasional services exempted from authorisation according to the Interbus Agreement
- Certified copy of license to undertake carriage by means of international occasional services by coach and bus according to the Interbus Agreement.
- Authorisation for non-liberalized occasional services according to the Interbus Agreement
- ECMT-license
- Bilateral permit
- Special permit
The administrative fee for infringements of these requirements is SEK 10,000.