Tag Archives: Driver attestation

Goods: Non-resident carriers in the national market

Goods: Non-resident carriers in the national market

Outline of the Community (European Union) legislation about Goods: Non-resident carriers in the national market

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Single market for services

Goods: Non-resident carriers in the national market

Document or Iniciative

Council Regulation (EEC) No 3118/93 of 25 October 1993 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State [See amending acts].

Summary

Community carriers holding a Community authorisation are permitted to carry out road haulage operations in other Member States without being based or established there. If the driver is a national of a non-member country, he/she must carry a driver attestation.

Such operations, known as cabotage, are exempt from any quantity restrictions on market access.

Carriers who so wish may obtain a cabotage authorisation by applying to the Member State in which the haulage business is established. The authorisation can be used for one vehicle only.

In principle, cabotage operations are covered by national legislation in the following areas:

  • the prices and conditions governing the transport contract;
  • standards relating to weights and measures;
  • requirements relating to the carriage of certain categories of goods;
  • driving and rest time for drivers;
  • VAT on transport services.

The host Member State must, however, when applying its national provisions, take account of the proportionality principle.

In the event of a market disturbance arising from cabotage operations, the Commission may take any necessary safeguard measures. It takes any such measures after examining the situation and collecting relevant data for monitoring market developments.

The Regulation also lays down the conditions under which the Member States must assist one another in implementing it.

Background

The cabotage regime has applied fully since 30 June 1998. It was phased in over the period 1 January 1994 to 30 June 1998.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Regulation (EC) No 3118/93 1.1994 OJ L 279, 12.11.1993
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 3315/94 1.1.1995 OJ L 350, 31.12.1994
Regulation (EC) No 484/2002 19.3.2002 OJ L 76, 19.3.2002

Related Acts

Commission Regulation (EC) No 792/94 of 8 April 1994 laying down detailed rules for the application of Council Regulation (EEC) No 3118/93 to road haulage operators on own account [Official Journal L 92, 9.4.1994].
This Regulation lays down detailed rules for applying Article 1(4) of Regulation (EEC) No 3118/93 with regard to the issuing of cabotage authorisations and their recognition by the Member States.

Commission report of 4 February 1998 on the implementation of Regulation (EEC) No 3118/93 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State (cabotage) [COM(98) 47 final – not published in the Official Journal].
The report took stock of cabotage activities between 1990 and 1995. The statistics were calculated solely for “hire or reward” carriers.

Commission report of 28 February 2000 on the implementation of Regulation (EEC) No 3118/93 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State (cabotage) [COM(2000) 105 final – not published in the Official Journal].
The report covered the use of cabotage authorisations up to the end of June 1998, the date on which quantitative restrictions on cabotage were lifted. The geographical scope of the cabotage regime remains that of the European Economic Area (EEA) and the abolition of quantitative restrictions applies to the EEA as a whole. Austria joined the cabotage regime in January 1997.

Passengers and goods: Driver attestation

Passengers and goods: Driver attestation

Outline of the Community (European Union) legislation about Passengers and goods: Driver attestation

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Road transport

Passengers and goods: Driver attestation

Document or Iniciative

Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1 March 2002 amending Council Regulations (EEC) No 881/92 and (EEC) No 3118/93 for the purposes of establishing a driver attestation [Official Journal L 76, 19.03.2002].

Summary

Background

The impossibility of checking whether drivers are legally employed or used outside the territory of the Member State where a haulier is established has given rise to a market in which drivers from third countries are sometimes irregularly used only to carry out the international carriage of goods outside the Member State in which the haulier employing them is established. This Regulation has been designed to combat such practices.

These irregularly employed drivers often work in precarious conditions and are poorly paid, which is a threat to road safety. This situation seriously distorts competition between hauliers engaged in such practices and those that use only legally employed drivers.

New rules

International carriage by road was already subject to a Community authorisation under Regulation (EEC) No 881/92. Under Regulation (EC) No 484/2002, drivers who are nationals of third countries must from now on be in possession of a driver attestation.

The attestation must certify that a driver is employed in the haulier’s Member State of establishment in accordance with the laws and regulations applicable in that Member State.

The scope of the Regulation is restricted to drivers from non-member countries. The scope may be extended to drivers who are nationals of Member States, after evaluation by the Commission.

Driver attestations will be issued by a Member State to the haulier requesting them for each driver who is the national of a third country and whom he legally employs.

The attestation must comply with the model in the Annex to the Regulation. Driver attestations are issued for a period to be determined by the issuing Member State, subject however to a maximum validity of five years. The attestation must be produced whenever required by authorised inspecting officers.

The competent authorities of a Member State may withdraw a driver attestation where the holder:

  • has failed to observe the conditions in accordance with which the attestation was issued;
  • has supplied incorrect information in relation to the data required for the issue or renewal of a driver attestation.

A certified true copy of the driver attestation must be kept at the haulier’s premises.

The original driver attestation must be kept on board the vehicle and presented for inspection whenever required by authorised inspecting officers.

Act

Date of entry into force

Deadline for implementation by the Member States

Regulation (EC) N°484/2002

19.03.2002

19.03.2003

Goods: carriage between Member States

Goods: carriage between Member States

Outline of the Community (European Union) legislation about Goods: carriage between Member States

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Road transport

Goods: carriage between Member States

Document or Iniciative

Council Regulation (EEC) No 881/92 of 26 March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing across the territory of one or more Member States [See amending acts].

Summary

The uniform arrangements for access to the market are based on the elimination of restrictions on service providers and a carriage authorisation scheme. They also aid progress towards the establishment of a European transport market.

Scope

These arrangements apply to the international carriage of goods by road carried out on European Union (EU) territory on behalf of a third party. For journeys linking a Member State to a third country, the arrangements apply to the journey carried out on the territory of the Member State of loading or unloading. In the latter case, an agreement between the EU and the third country in question is needed for the arrangements to apply.

Community authorisation

The Community authorisation is issued by a Member State for a period of five years to any carrier which is established in another Member State in accordance with the legislation there, and which is authorised to carry goods by road internationally.

The original copy of the authorisation is issued to the haulage company, which is the holder. The company also receives certified copies for each vehicle * that it uses. The authorisation is drawn up in the name of the carrier and is non-transferable. Copies must be kept in the vehicles and shown on demand to inspectors.

Driver attestation

The driver attestation is issued by the Member State of establishment to any haulage company which holds a Community authorisation and which in that Member State legally employs or uses drivers * who are nationals of a third country. It is issued in respect of each national of a third country employed by the company which is the holder of the authorisation. The attestation is the property of the company, which provides it to the driver of the designated vehicle.

The driver attestation is issued for a period which is laid down by the Member State of establishment. It may not, however, exceed five years.

Infringements and penalties

The Member States may check that the issuing conditions of the attestation or the authorisation are met. If this is not the case, they can refuse to issue or renew them.

Furthermore, the Member States are to inform the Commission, by 31 January of each year at the latest, of the number of companies which hold a Community authorisation and certified copies relating to vehicles on the road.

Where infringements are committed the Member States may impose penalties, such as the suspension or withdrawal of the driver attestation or the certified copies. They may also impose additional conditions on the issuing of attestations.

The Member States of establishment must also ensure that holders have the option of appealing against any penalty decision.

Key terms used in the act
  • Driver: person who drives a vehicle, or who is carried in that vehicle in order to be available for driving if necessary.
  • Vehicle: a motor vehicle registered in a Member State or a coupled combination of vehicles, the motor vehicle of which at least is registered in a Member State, used exclusively for the carriage of goods.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Regulation (EEC) No 881/92 10.4.1992 OJ L 95 of 9.4.1992
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 484/2002 19.3.2002 OJ L 76 of 19.3.2002
Regulation (EC) No 1791/2006 1.1.2007 OJ L 363 of 20.12.2006