Title: Graham Williams
1TAIEX SEMINAR ANKARA SEPTEMBER 2006
EU requirements for entry to the profession
Operators of lorries buses
Graham Williams
2Reason for legislation
- Set common rules for admission to the profession
across member states for those involved in
national and international transport operations - Operators better qualified
- Contribute to rationalisation of the market,
- Leads to improvement in the quality of the
service provided, in the interests of users,
operators and the economy as a whole - Greater road safety
3Occupation of a road haulage operator
- The activity of any organisation transporting
goods for hire or reward by means of either a
motor vehicle or a combination of vehicles within
or outside the member state. - Does not apply to vehicles weighing less than 3.5
tonnes
4Occupation of passenger transport operator
- The activity of any organisation running motor
vehicles suitable for carrying more than nine
persons - including the driver and intended for
that purpose - And
- providing passenger transport services in those
vehicles for the public, or for specific
categories of users, and receiving payment from
the person transported or from the transport
organiser.
5Organisation or Undertaking
- Any natural person, any legal person, whether
profit-making or not, - Any association or group of persons without legal
personality, whether profit-making or not, - Any official body, whether having its own legal
personality or being dependent upon an authority
having such personality.
6Basic requirements of the Directive
- Those wishing run a business operating lorries or
buses must - Be of good repute
- Be of appropriate financial standing
- Satisfy the condition as to professional
competence
7Good repute
- Operators can lose their repute if they have
been - Convicted of serious criminal offences, including
offences of a commercial nature - Declared unfit to pursue the occupation of road
transport operator under any rules in force - Convicted of serious, repeated offences against
the rules in force
8Financial Standing
- The test is to have available sufficient
resources to ensure the proper launching and
administration of the business. - Met if the licence holder has available capital
and reserves of at least 9000 for the first
vehicle and at least 5000 for each additional
vehicle.
9Financial Standing
9000
10Financial Standing
9000
11Professional Competence
- The operator can themselves meet the
qualifications to be professionally competent - or.
- they can employ someone else who meets the
requirement provided that they shall continuously
and effectively manage the transport operations
of the operator
12Professional Competence
- Met by passing a written examination in various
subjects including - Civil law
- Commercial law
- Social and Fiscal law
- Business and financial management of the
undertaking - Access to the market
- Technical standards and aspects of operation
- Road safety
13Professional Competence
National Operations
- Member States may reduce requirements to
establish professional competence for those
involved in transport operations in their own
country
14Proof of Professional Competence
- This can be demonstrated by
- A certificate issued by a relevant authority
- or.
- Other means determined by the Member State.
- The certificate will cover either national
operations or international operations
15Regular Checks
- Directive requires that checks must be carried
out at least every 5 years to make sure that the
transport operation still meets the requirements
of - Good repute
- Financial standing
- Professional competence
16Competent Authorities
- Member States designate the authorities and
bodies competent to - Administer the EU rules in their own country
- Issue documents
- Take action required by the EU legislation
17Application of rules in UK
- UK law amended to include the EU Directive
- Covers operators involved in national and
international transport - Some provisions extended to cover those involved
in transporting their own goods
18Competent Authorities in UK
- Traffic Commissioners are the competent authority
appointed by the UK Government to - Administer the rules
- Issue documents
- Take action required by the legislation
19UK Road Transport Industry
- Industry regulated
- Entry controlled by Traffic Commissioners and
based on EU Directive - Operators required to have licences to allow them
to run their vehicles - Licences issued by Commissioners
- Commissioners issue EU Community Authorisations
which allow each vehicle to travel within EU
20Powers of Traffic Commissioners
- Grant or refuse applications for a licence (must
meet all the requirements of the UK legislation) - Suspend or revoke licence of those who fall below
standards at any time
21Powers of Traffic Commissioners
- Applicants for a licence must show Commissioners
that they can meet standards for entry to
industry and obey the road transport laws.
Financial Standing
- Cash
- Company Accounts
- Bank Statements
- Overdraft facility
22Powers of Traffic Commissioners
Certificate of Professional Competence
23Powers of Traffic Commissioners
Maintenance of vehicles
- Own facilities
- Driver defect sheets
- Inspection sheets
- Contract
24Powers of Traffic Commissioners
- Drivers hours
- Exceeding speed limit
- Drink driving
- Convictions for other driving offences
- Overloading
25TAIEX SEMINAR ANKARA SEPTEMBER 2006
EU requirements for entry to the profession
Operators of lorries buses
Graham Williams