Description
The exercise of road haulage with vehicles with a total mass of more than 1.5 tonnes and up to 3.5 tonnes is subject to registration in the Register of Road Hauliers for Third Parties and in the REN with the demonstration of the four requirements for access to the profession: A) honourability, B) professional suitability, C) financial suitability, D) establishment.
A) good repute requirement, which is demonstrated:
- by the 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 requirement.
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, the enterprise must prove that it has capital and reserves of at least
- EUR 9000 for the first motor vehicle used;
- EUR 900 for each additional motor vehicle or coupled combination of vehicles used with a technically permissible laden mass of more than 1.5 tonnes but not more than 3.5 tonnes.
Vehicles with a gross vehicle weight of 1.5 tonnes or less and trailers are not taken into account in determining the amount of financial eligibility.
Proof is provided by means of:
- 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 certifying 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) requirement of professional competence, which is demonstrated by appointing a transport manager in possession of the requisite of good repute and the certificate of professional competence or the certificate of attendance at a prior training course at an accredited body. The particularity of this type of registration in the REN is the option of demonstrating the requirement of professional suitability by attending a specific preliminary training course held by a body authorised by the Ministry of Transport. Preliminary training courses have a total duration of 74 hours (including 4 hours of final verification) and can only be organised by bodies with specific authorisation from the Ministry of Transport. In the province of Trento, the only body currently organising such training courses is the Università Popolare Trentina (UPT). For information on the course click here.
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 relative duties of transport manager. 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 on condition 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, in the capacity of 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;
- a place of business in Italy, where the undertaking carries out its commercial and administrative activities and manages transport operations using the vehicles at its disposal with the appropriate equipment and facilities
one (or more) motor vehicle(s) used for the carriage of goods on behalf of third parties: the vehicles must be at the disposal of the undertaking by way of ownership, leasing, usufruct, reserved domain agreement, gratuitous loan for use or lease without driver;
Finally, in order to demonstrate the requirement, the undertaking must undertake to ensure that the volume of transport operations actually carried out is proportionate to the number of vehicles at its disposal and drivers used (according to parameters to be set by a specific regulation yet to be issued). Furthermore, if it carries out international transport, it must undertake to return the vehicles used to Italy no later than eight weeks after departure.