Text file: 6973.txt
author: nibo
downvotes: 2
end consideration date: 2015-09-29
id: '6973'
number comments: 14
number views: 3089
proposal type: Competent authority response
response: "Response from the Ministry of Infrastructure\nArticle 38 of the Toll Act\
  \ lays down the procedure, conditions and evidence to be attached by the toll payer\
  \ to the application for the right to a replacement vignette. All the conditions\
  \ for claiming the right to a replacement vignette, which are further specified\
  \ in Article 38(1) of the Toll Act, have been formulated after careful consideration\
  \ by the legislator and are fully comparable to the regulation of the subject in\
  \ other EU Member States. These are examples which have been formulated and prescribed\
  \ in such a way as to prevent, as far as possible, the abuses of the replacement\
  \ vignette institute that were faced during the initial period of the introduction\
  \ of the vignette-based tolling system.\nThe right to a replacement vignette is\
  \ limited to cases where, due to objective circumstances, it is unequivocal that\
  \ the vehicle can no longer be driven on the road with the vignette already in place.\
  \ This cannot be ensured in the case where the vehicle is merely deregistered from\
  \ the register of registered vehicles, as the vehicle may reappear in road traffic\
  \ with the vignette already fitted. It should be recalled that the legal regime\
  \ which made the mere withdrawal of the vehicle from the register of registered\
  \ vehicles a condition for the right to a replacement vignette was in force for\
  \ a certain period after the introduction of the vignette-based charging system.\
  \ In view of the numerous abuses that occurred in this area (in the case of an intended\
  \ sale, vehicles were deregistered from the register of registered vehicles for\
  \ only one or a few days for the purpose of claiming the entitlement), the legislator\
  \ decided to tighten up the conditions in this area in the way we know it today,\
  \ thereby preventing cases where the entitlement in question is claimed in cases\
  \ where the vehicle is sold. The latter is due to the fact that, when the vignette\
  \ is affixed to the vehicle, it becomes an integral part of the vehicle and therefore\
  \ shares the legal fate of the main thing, i.e. the vehicle.\nIt should be noted\
  \ that, in the case of the right to a replacement vignette, it is common practice\
  \ for the legislature to have laid down in a clear and unambiguous manner the conditions\
  \ under which the right may be exercised. In our view, the present case does not\
  \ involve an interference with the constitutionally protected right to private property,\
  \ since the Toll Act does not restrict the toll taxpayer's disposal of the vehicle,\
  \ but it does lay down the conditions which the toll taxpayer must fulfil in order\
  \ to claim the entitlement. The toll taxpayer is free and independent to decide\
  \ how to dispose of his vehicle.\nIn view of the above and the fact that we have\
  \ not received any complaints regarding the regulation of the right to a replacement\
  \ vignette in the last few years, we consider that the regulation is entirely appropriate\
  \ and therefore we cannot accept your petition.\n "
response date: 2015-11-06
response due date: null
sent date: 2015-08-31
title: Replacement vignette
upvotes: 24
url: https://predlagam.vladi.si/predlog/6973
