Description
All natural and legal persons engaged in the haulage of goods for third parties with any vehicle and tonnage and in any capacity whatsoever are obliged to register in the National Register of Road Hauliers and in the National Electronic Register (REN), which constitutes the authorisation to exercise the profession of road haulage operator. An exception to this are companies operating with vehicles with a total mass not exceeding 1.5 tonnes, which are only required to be registered in the Road Haulage Register.
Companies that carry out road haulage activities exclusively with special-purpose vehicles (road sweepers, fire engines, etc.), mopeds, motorbikes, operating machinery and agricultural machinery are not obliged to register in the Road Haulage Register/REN.
Specifically, companies that carry out their activities with
- lorries
- road tractors
- motor vehicles for specific transports
- road trains;
- articulated lorries;
- work vehicles;
- passenger cars.
Requirements
At the time of registration in the Register/REN, it is necessary to prove that you meet the requirements of:
A) honourability, which is demonstrated and rendered by:
- sole director, i.e. by all the members of the board of directors, for public legal persons, for private legal persons and, except as provided for in point b), for any other type of entity;
- by the partners with unlimited liability for partnerships (Snc, Sas);
- by the owner of the sole proprietorship or family business and the employees of the family business;
- by the transport manager;
B) financial standing,
In order to meet the requirement of financial standing, an undertaking must at all times be able to meet its financial obligations during the annual accounting year. On the basis of the annual accounts certified by an auditor or another duly recognised entity, the undertaking demonstrates that it has capital and reserves of at least
- EUR 9 000 for the first motor vehicle used;
- EUR 5,000 for each additional motor vehicle or coupled combination of vehicles used with a technically permissible laden mass of more than 3.5 tonnes;
- and EUR 900 for each additional motor vehicle or coupled combination of vehicles used with a technically permissible laden mass exceeding 1.5 tonnes but not exceeding 3.5 tonnes.
On the basis of annual accounts certified by an auditor or another duly accredited person, undertakings engaged in the occupation of road haulage operator solely by means of individual motor vehicles or combinations of vehicles with a technically permissible laden mass of more than 1.5 tonnes but not more than 3.5 tonnes shall demonstrate that they have capital and reserves each year to a value of at least
- EUR 9000 for the first vehicle used; and
- EUR 900 for each additional vehicle used.
Vehicles with a total mass less than or equal to 1.5 tonnes and trailers are not taken into account in determining the amount of financial standing.
Proof is provided by
- a certificate issued by a statutory auditor (accountant);
- a certificate issued by one or more Banks, Insurance Companies or Financial Intermediaries, registered in their respective registers (see "Types of registration in the Register" for forms);
- a certificate issued by an insurance company attesting to the existence of a professional indemnity insurance policy (RCP) and valid only for "new" road haulage companies, limited to the first two years of registration (see "Types of registration with the Register" for forms);
C) professional suitability, which is demonstrated by appointing a transport manager in possession of the requisite good repute and the certificate of professional suitability or the certificate of attendance at a prior training course at an accredited body. The transport manager must be resident in the EU and may be
- internalto the company, provided that he/she holds the offices or positions of owner of the company, sole director, partner with unlimited liability in partnerships (Snc, Sas) or a subordinate worker with a qualification not inferior to the 2nd level of employees of the CCNL transport and freight forwarding, who has been expressly conferred the relevant transport manager duties. A horizontal part-time employment contract is permitted, with daily presence in the company equal to at least 50% of full time (20 hours per week);
- outside the company provided that:
- he/she is authorised by contract to perform the functions of transport manager on behalf of an undertaking, specifying the tasks he/she has to perform and stating his/her responsibilities. The external manager must be granted all the powers of organisation, management and control required by the specific nature of the functions, as well as the autonomy of expenditure necessary to perform those functions;
- effectively and continuously directs, as transport manager, the transport activities of a single undertaking having a maximum of fifty vehicles used for the transport of goods for hire or reward;
- has no links with other transport undertakings.
The external transport manager has the following tasks
- the management of vehicle maintenance,
- the verification of contracts and transport documents,
- basic accounting,
- the distribution of loads and services to drivers and vehicles;
- the verification of security procedures.
D) establishment requirement, which consists of the availability of:
- an administrative office, effective and stable, located in Italy and equipped with premises where the main accounting/tax and transport documents are kept;
- an operating office, in Italy, at which the company carries out maintenance on the vehicles at its disposal (this may be an internal or external workshop)
- one (or more) motor vehicle(s) used for the carriage of goods on behalf of third parties: the vehicles must be at the company's disposal by way of ownership, leasing, usufruct, reserved domain agreement, gratuitous loan for use or lease without driver;
Types of registration
There are four types of registration:
- limited registration, relating to companies that carry out their activity only with vehicles with a total mass of up to 1.5 tonnes and are only required to prove that they are of good repute:
- limited registrationfor companies that carry out their activity with vehicles with a total mass of more than 1.5 tonnes and up to 3.5 tonnes
- registration without restrictions and limits relating to companies carrying on business with vehicles with no weight limitation
- registration in the special section of the Albo, reserved for
- cooperatives between natural persons that have among their members entrepreneurs, not less than nine in number, registered in the Register of Road Hauliers and authorised to carry out road haulage for third parties
- cooperatives between legal entities that have among their members companies, no fewer than five in number, registered in the road hauliers' register and authorised to engage in the haulage of goods for hire or reward;
- consortia whose members include not less than five companies registered in the road hauliers' register and authorised to engage in the haulage of goods for hire or reward.
Registration in the Register and in the REN
Registration in the national register of road hauliers for hire or reward is effected following the submission of an application, with its annexes, to the province with territorial jurisdiction of the principal or sole head office of the company, whether sole proprietorship or company.
Road haulage companies already registered in the Register and REN of the province in which they have their registered (or main) office and which have established a secondary office in the province of Trento (registered in the Register of Companies kept by the Chamber of Commerce), must register in the Register and REN of Trento as a secondary office by submitting the appropriate documentation (see the "Forms" section).
If a haulage company transfers its registered (or main) office to the Province of Trento, it must submit the appropriate application (see the "Forms" section) for registration in the Register and the REN for transfer of the registered office. At the same time, he must apply for cancellation from the register/REN of origin due to transfer of the registered office.
The formation, maintenance and publication of the Register of Road Hauliers falls within the remit of the Central Committee for the Register of Road Hauliers which, pursuant to Article 8, letter a) of Law no. 298/1974, publishes on its website(click here) the list of all registered companies.
In this way, clients of transport services can verify, prior to the stipulation of a transport contract, the regularity of registration in the Register/REN, as well as the regularity of contributions to INPS, INAIL of the road haulage company, registered in the Register, to which they intend to entrust the transport.
As a rule, therefore, the commissioning company will not have to request, prior to entering into a transport contract, the certificate of registration in the Register/REN of the carrier. A certificate which, on the other hand, the haulage company must request, according to the appropriate form, and keep on board the vehicle, in the case of carrying out road haulage activities with vehicles acquired by way of hire without a driver, in the cases permitted by current legislation.
The National Electronic Register of road haulage companies is made up of two separate sections
- the first, called the companies and managers section, contains at least the following data: name and legal form of the company, registered office, name of the transport manager and, if applicable, of a legal representative, type of authorisation, number of vehicles covered by the authorisation and, if applicable, Community licence number
- the second, called the sanctions section, contains at least data on the number, category and type of serious infringements that have given rise to a conviction or penalty in the last two years, and in addition there are data on names and persons declared to be unfit to manage the transport activity of an undertaking until they have been rehabilitated or their good repute has been restored.
Registration in the register and the REN are necessary to obtain the single vehicle registration document "for third party use", but in order to be able to carry out the activity, access to the market is also required, which is compulsory for those who operate with vehicles with a total mass of more than 1.5 t.
Road haulage companies operating on behalf of third parties exclusively with vehicles with a gross laden mass not exceeding 1.5 t only have to prove the requirement of good repute.
At the same time as demonstrating the aforementioned requirements, or in any case prior to formal registration in the Register, companies will demonstrate that they have paid (only at the time of registration) the government concession tax of EUR 168.
In order to maintain registration in the Register, the following is required
- the permanence of the above-mentioned requirements;
- payment of annual fees.