Fining of transport company for breach of provisions on driving time and rest periods - the Court of Appeal's judgment set aside
Supreme Court order 27 June 2023, HR-2023-1212-A, (case no. 23-007260STR-HRET), criminal case, appeal against order.
Hagens Transport AS (Counsel John Christian Elden) v. The State represented by the Ministry of Transport (The Office of the Attorney General represented by David Magnus Myr)
A transport company had been fined after a driver employed by the company had violated the provisions on driving time and rest periods. The fee was upheld in the District Court and the Court of Appeal. The Supreme Court, having conducted an oral hearing, and which came to a different result than the previous instances, stated that the rules in the ECHR did not prevent the imposition of a fine on the company, as section 46 of the Public Administration Act read at the time of the driving. After the proceedings in the District Court, however, this provision was amended so that an enterprise can now only be imposed an administrative sanction if someone who has acted on behalf of the enterprise has acted negligently. The Supreme Court concluded that the provision had to apply with the new wording, as the point of intersection had to be the time of the final judgment. As the Court of Appeal had not considered the question of negligence, the Court of Appeal's ruling was set aside.
Area of law: Administrative sanctions. The Road Traffic Act. The Public Administration Act.
Key paragraphs:45-46, 50-53, 66-68
Justices: Webster, Bull, Arntzen, Bergh, Remen