The new administrative procedure act, which was introduced in the summer to strengthen citizens ‘ legal security. Authorities are now required to more carefully investigate the impact of the decision on the basis of the intensification of the so-called officialprincip.
the Effect is clearly visible in Bromma, stockholm, where the decision on the p-charge on certain streets, was repealed before christmas. P-the signs on the contested streets is no longer valid and is crossed with black tape.
– the city of Stockholm has not justified and investigated enough why you take out the fee on these streets. A fee may be charged for the provision, but the municipality has not been able to show, ” says Lars Hammar, investigator at Swedish transport agency.
of all the appeals to the transport agency during the year shows that the Stockholm flawed investigations not only of p-charges. Ten of the twelve contested traffic regulations last year, was repealed.
most of The p-prohibition on local streets in Bromma, Stockholm and Alvsjo. Where individuals have requested and been forbidden to park on their street, often for safety reasons. When the p-förbudsskyltarna ago appeared to have neighbors protested and, in turn, appealed against the bans, which they believe impairs both safety and parkeringssituationen in the area. The agency has in the majority of cases, gone on so requires, line.
” In 2018, we have suspended a number of local factors, inter alia, from Stockholm, where we held that the justification is sufficient. It is not possible to understand what you want to achieve with the rule, ” says Lars Hammar.
requires that the city now in all future cases more thoroughly investigate and document the impact of the rule changes.
– First of all when investigating a case, and compare various options one can arrive at the rule that is most appropriate. In these cases, the city has not compared alternative solutions, such as time limited parking or a p-slice, for example. These must also be documented in an investigation, ” says Lars Hammar.
the Traffic office in Stockholm. Photo: Paul Hansen
However do not believe that they have done wrong in the cases in question, because the decisions were made before the new practice entered into force. You also question if the regulation generally applies to municipalities.
the Swedish transport agency refers to a regulation that applies to public authorities under the government, and considers that it should be applied also for municipalities. So this is an entirely new practice has been created that we could relate to, ” says Jarina Edlund, a lawyer at the traffic.
” Yes, now we will follow the Swedish decisions, and to look at those questions again. However, the office considers that the investigation and the considerations as shown by the parkeringsstrategin is sufficiently motivated. We have considered all of the time.
” We need to expand our obligation to investigate according to the Swedish transport agency’s decision. But it is important to point out that we have always investigated all the decisions. We make measurements of parked cars, two times per year in the inner city and a time in the suburbs. These, we follow up continuously with comprehensive studies where people, among other things, is out counting cars.
” It takes five minutes to write a local trafikföreskrift and then it should be rebranded on-the-spot. But the investigation takes time, it depends on how many administrators we have.
– There are no ready-made solutions. You can either revert to the previous provision, introducing forbidden to park, have free parking, the p-slice or time-limited parking. It is about site-specific solutions.
new to the streets of Austin to investigate when an appeal on the p-charges will now be investigated by the transport agency. If the authority follows Brommabeslutet expected p-the fee be waived also.
However do not think that the case should be tried at all.
” We have questioned the county’s decision to transmit the case to the Swedish board of review, eight months after the decision has gained legal force. The county administrative board has decided that the appeal has been submitted in the right time despite the fact that the last day for appeals was april 27, 2018, and the appeal entered on december 27, says Jarina Edlund.
the city of Stockholm has in recent weeks gotten into fifteen cases via phone and review the app if it is possible to appeal the fees in other districts.
– We will not see the over 26,000 traffic laws in Stockholm. We are now on the streets of manchester and other appeal. Likställighetsprincipen does not include these decisions, ” says Jarina Edlund.
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