What will change in May 2022?
The new posting rules resulting from the Mobility Package have been gradually coming into force since 2020 and from 21 May new provisions will also apply to light commercial vehicles (up to 3.5 tons) engaged in international transport.
Are you ready for these changes?
The most important change for LCVs with a fleet of less than 3.5 tons is the introduction of the Community license, which was not required until now.
For light commercial vehicles (LCVs), certain rules relating to access to the profession will be applicable from 21 May 2022. Other provisions, relating to the implementation of the tachograph, will come into force later, in 2026.
Move Expert reminds you of the new rules for LCVs before the 21 May deadline.
New obligations will therefore be imposed on companies using light commercial vehicles (below than 3.5t) operating as road transporters:
- obtain the authorization to pursue the occupation of road transport operator;
- obtain a Community license with extracts, i.e. certified copies of the Community license bearing the mention “less than or equal to 3.5 tons”;
- have an appropriate financial capacity / standing at the required level and a good reputation;
How to obtain the authorization to operate as a road transport operator?
In order to obtain the authorization to practice the profession of road transport operator, the transport company must meet additional conditions specified in the national and European regulations:
The exercise of the profession of road transport operator is conditioned by the fact of having :
- an effective and stable establishment in that Member State, with premises in which it keeps the documents essential to its activity, in particular its accounting documents, personnel management documents, and documents containing data relating to driving and rest periods;
- be of good repute, in particular, art.6 b) of Reg. 1071/2009 stipulates that: “The transport manager or the transport company has not been subject, in one or more Member States, to a serious criminal conviction or sanction for a serious infringement of Community rules concerning in particular: (i) drivers’ driving and rest periods, working time and the installation and use of recording equipment”. 1
- Have appropriate financial capacity, i.e. the company must demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that it has capital and reserves totalling at least EUR 9,000 each year when only one vehicle is used and EUR 5,000 for each additional vehicle used.
- Required professional competence – Certificate of professional competence;
The carrier must also own at least one vehicle issued in the State where he is established and carry out his vehicle-related activities with the appropriate technical equipment and devices at a base of operations located in that EU State.
In order to receive this autorisation, the transport operator cannot violate commercial law, labour law and pay particular attention to correct calculation of the drivers’ remuneration for their work.
How to obtain a Community license?
The application for a Community license should be preceded by obtaining an autorisation to pursue the occupation of road transport operator, as the applicant is required to attach to the application for a Community license, among other things: the autorisation to pursue the occupation of road transport operator of goods as well as a certificate on the number of vehicles for which the requirement of financial capacity has been documented
Pursuant to Article 4 of Regulation (EC) 1072/2009. “The Community licence shall be issued by a Member State, in accordance with this Regulation, to any road haulage operator for hire or reward who is established in that Member State (…) and who is entitled in the Member State of establishment, (…) with regard to admission to the occupation of road haulage operator, to engage in the international carriage of goods by road2″. This provision in fact creates a new obligation for LCVs to respect.
Moreover, it should be stressed in this context that, only certified copy of the Community license must be kept in each of the carrier’s vehicles and must be presented at any request of the inspecting officer.
Any advice for LCVs?
From our experience, it should be noted that scanned copies of the licences will NOT be taken into account during roadside checks. We have often seen cases where employers, who only equipped drivers and vehicles with scanned licences, risk substantial fines, as this is contrary to European and national law.
During roadside checks, the inspecting officer will first check the name of the carrier on the Community license, as the license is issued in the name of the carrier and is not transferable.
1. https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32009R1071&from=EN
2. https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32009R1072&from=EN
