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Road haulage and passenger transport companies: operating rules

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Road haulage and passenger transport companies: operating rules

EU countries have not applied rules for admission to the road transport operator business (i.e. providing transport for goods or passengers), as set out in Directive 96/26/EC, consistently enough. In repealing Directive 96/26/EC, Regulation (EC) No 1071/2009 aims to address this shortcoming.

ACT

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.

SUMMARY

EU countries have not applied rules for admission to the road transport operator business (i.e. providing transport for goods or passengers), as set out in Directive 96/26/EC, consistently enough. In repealing Directive 96/26/EC, Regulation (EC) No 1071/2009 aims to address this shortcoming.

WHAT DOES THIS REGULATION DO?

The regulation sets out rules for companies wanting to enter and be active in the road haulage (i.e. transport of goods by road) and passenger transport business.

It applies to all companies established in the EU that are active in (or intending to be active in) transporting goods or people in exchange for payment.

KEY POINTS

Companies active in the road transport operator business must:

have an effective and stable establishment in an EU country;

be of good repute;

have appropriate financial standing; and

have the requisite professional competence.

Transport manager

Every road transport company must designate a transport manager who is responsible for continuously managing its transport activities. This manager must be resident in the EU and have a genuine link to the undertaking, e.g. as an employee, administrator or shareholder.

How to become a road transport operator

A company wanting to be active in the road transport operator business must have an establishment in an EU country with premises in that EU country where it can keep all of the documents (e.g. accounts, personnel management documents and data relating to driving time and rest) required for its business. Moreover, it should have at least one vehicle registered in that EU country at its disposal (once an authorisation has been granted) and have an operating centre situated in that country with the appropriate technical equipment and facilities for the operation of the vehicles.

In addition:

the company and the manager must not have been convicted for any infringement of certain national and EU rules relating to road transport;

the company must be able to meet its financial obligations;

the manager must have passed a compulsory written examination, which may be supplemented by an oral examination.

Authorisation and monitoring

EU countries must designate one or more competent authorities responsible for:

examining applications made by companies;

granting permits to set up as a road transport operator;

declaring a person to be fit/unfit to manage a company’s transport activities;

checking that the company fulfils all the relevant requirements.

The competent authorities are also responsible for following up companies’ applications for registration within 3 months. They can also declare a company unfit to manage transport activities.

Simplification and administrative cooperation

Each EU country must keep a national electronic register of companies authorised to be active in the road transport operator business. The competent national authorities are responsible for supervising the data in that register. The national registers are to be interconnected, allowing the competent authorities of any EU country to consult the national electronic register of any other EU country.

Implementation report

In its first implementation report covering the period until the end of 2012, the Commission noted that it could not provide for a full analysis of implementation of the regulation due to missing data. It suggests that a standard reporting form should be drawn up in the future. It also encourages EU countries to prepare an outline of their national systems for authorisations.

WHEN DOES THIS REGULATION APPLY?

From 4 December 2011.

For more information, see the European Commission’s Directorate-General for Mobility and Transport website.

REFERENCES

Act

Entry into force

Deadline for transposition in the Member States

Official Journal

Regulation (EC) No 1071/2009

4.12.2009

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OJ L 300 of 14.11.2009, pp. 51-71.

Amending Act(s)

Entry into force

Deadline for transposition in the Member States

Official Journal

Commission Regulation (EU) No 613/2012

11.7.2012

-

OJ L 178 of 10.7.2012, p. 6-6.

Council Regulation (EU) No 517/2013

1.7.2013

_

OJ L 158, 10.6.2013, pp. 1-71.

RELATED ACTS

Report from the Commission to the European Parliament and the Council on the implementation in the period from 4 December 2011 until 31 December 2012 of certain provisions of Regulation (EC) No 1071/2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator (1st report from the Commission on the implementation by Member States of certain provisions concerning the access to the occupation of road transport operator) (COM(2014) 592 final of 25.9.2014).

Last updated: 07.01.2015

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