Goods - c/third parties - Registration without constraints and limits

The exercise of road haulage without any limitation in the type of vehicles used is subject to registration in the Register of Road Haulage Operators for Third Parties and in the REN with the demonstration of the four requirements for access to the profession: honourability, professional suitability, financial suitability and establishment.
The only possible limitation may derive from the transport manager's certificate of professional competence, which, if it is only national, will allow the company to operate only in Italy.

Once registered in the Register and in the REN, the company will have to put into circulation at least one motor vehicle to be used for the transport of goods on behalf ofthird parties, by submitting an application for registration, re-registration or duplication of the registration certificate and demonstrating that it has acquired the availability of the vehicle by way of ownership, leasing by way of usufruct, or by virtue of a hire purchase agreement (reservation of title), or by way of a contract of hire, i.e. by way of a driverless hire agreement with a duration of at least six months registered with the Inland Revenue Service, or by way of a loan agreement with a duration of at least two years registered with the Inland Revenue Service.

Following the entry into force of EU Regulation 2020/1055 and the MIMS Decree of 08/04/2022, it is no longer necessary to acquire an authorisation for third parties in order to access the haulage market. Therefore, companies registered in the register of road hauliers for third parties and in the National Electronic Register can register and/or use vehicles of any euro environmental class.

For new companies, for the purpose of reporting the date of commencement of activity to the Register of Companies at the Chamber of Commerce, a copy of the order of registration in the Register/REN must be submitted to that Office, together with a copy of the registration certificate of the vehicle put into circulation.

Requirements

At the time of registration in the Register/REN, it is necessary to prove that you are in possession of:

A) a requirement of good repute, which is demonstrated and rendered by:

1. the sole director, i.e. 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
2. by the partners with unlimited liability for partnerships (Snc, Sas);
3. by the owner of the sole proprietorship or family business and the employees of the family business;
4. by the transport manager;

B) financial standing requirement.

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 a statutory auditor or another duly recognised entity, the undertaking demonstrates that it has capital and reserves of at least

• EUR 9000 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
• 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.

Vehicles with a total weight of less than or equal to 1.5 tonnes and trailers are not taken into account in determining the amount of financial eligibility.

Proof is provided by means of:

1. a certificate issued by a statutory auditor (accountant);
2. 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);
3. 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 good repute and the certificate of professional competence 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

1. 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);
2. 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, 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

1. the management of vehicle maintenance,
2. the verification of contracts and transport documents,
3. basic accounting,
4. the distribution of loads and services to drivers and vehicles;
5. the verification of security procedures.

D) establishment requirement, which consists of the availability of:

1. an administrative office, effective and stable, located in Italy and equipped with premises where the main accounting/tax and transport documents are kept;
2. 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

3. 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.

To register in the Register and the REN, it is necessary to fill in the necessary documents and annexes and send them to the PEC address motorizzazione.civile@pec.provincia.tn.it or deliver them to the goods counter at the Civil Motor Vehicle Offices.

• completed and signed form "Application for registration in the Register of Road Hauliers for Third Parties and REN;
• declaration certifying possession of the requisite of good repute (All. 1 Declaration in lieu of certification and affidavit of good repute);
• declaration certifying possession of the requirement of establishment;
• declaration of financial standing;
• declaration issued by the transport manager;
• photocopy of a valid identity document;
• proof of payment to postal account no. 8003.