Description
Changes to the register are carried out ex officio or following notification by anyone interested.
Enterprises entered in the register are required to notify the competent Secretariat for the Register of Hauliers of Goods for Third Parties of the following facts
- any fact entailing the loss or change in the requirements of good repute, financial standing, professionalism and establishment;
- death of the transport manager;
- any change in the company structure that may affect registration;
- purchase or sale of the vehicles with which they carry out haulage activities.
Enterprises registered in the Register/REN are obliged to communicate any fact that implies the loss or change of the requirements of good repute, financial standing, professional standing and establishment.
Change in financial standing: the company must demonstrate each year that it has a net worth of at least €9,000, when there is only one vehicle, plus €5,000 for each additional vehicle used to calculate the amount of financial standing to be demonstrated, only vehicles (not trailers) with a gross vehicle weight of more than 1.5 tonnes must be taken into account.
Proof must be 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 "Forms");
- a certificate issued by an Insurance Company certifying the existence of a professional indemnity 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);
Notification of the loss/reduction of the requirement must be made in writing within fifteen days of becoming aware of it. Violation of the obligation to communicate the loss of requirements is punishable by the pecuniary administrative sanction of payment of a sum varying, depending on the case, from a minimum of €1,549.37 to a maximum of €15,493.71.
Change of transport manager:
Professional competence is demonstrated upon registration in the register and in the REN and must remain for the entire duration of registration. Each company is obliged to notify, within thirty days, all changes concerning the transport manager (e.g. replacement, change of role within the company, change of type of certificate, death, disappearance, etc.).
If the requirement ceases to exist, the company must communicate the fact to the competent authority, within thirty days, in order to avoid incurring the sanctions provided for in Articles 13 and 19, paragraph 4, of Legislative Decree no. 395/2000: deletion from the register and a fine ranging from €2,582 to €7,746.
If within two months of the aforementioned communication the transport manager is not replaced (and therefore the professional suitability requirement is reinstated), the authorisation to practise as a road transport operator will be revoked, and the company will be deleted from the register and from the REN.
Notification of the death of the transport manager
In the event of the death, disappearance, physical incapacity, loss or diminished capacity to act of the transport manager, the undertaking is obliged to notify the competent authority (Road Haulage Register for the Province of Trento) within thirty days of the occurrence of the event . If, within the following six months, the undertaking does not appoint a new transport manager who is honourable and possesses the professional aptitude, the competent authority shall revoke the authorisation to pursue the occupation of road haulage operator. Infringement of the aforementioned obligation to communicate is punishable by a fine of between €1,032.91 and €3,098.74.
Communication of any change that may affect registration
Notifications that may concern, for example: changes to the company name or denomination that do not entail the creation of a new legal entity, withdrawal and/or the entry of new shareholders, changes to the company headquarters, etc., must be received by the competent Secretariat for the Road Haulage Register within thirty days of the event or change occurring, and must be accompanied by documentation (or self-certification) proving such changes.
If the change in company structure entails the creation of a new legal entity (with a new VAT number), an application for registration in the Register/REN must be submitted in accordance with Article 15 of Law No. 298/1974 for the transfer of a sole proprietorship to a company, transformation or merger of a company already registered in the Register.
Breach of this reporting obligation is punishable by the pecuniary administrative sanction of payment of a sum from €15.49 to €51.64, pursuant to Article 27 of Law No 298/74. In the event of the transfer of a sole proprietorship, or the transformation or merger of a road haulage company, and in general in all cases of registration in the register and in the REN of a new legal entity (with a different VAT number) deriving from a road haulage company already registered in the aforementioned register, the following application must be submitted
Communication of purchase or sale of vehicles
Companies are also obliged to notify within thirty days of the date of signing of the final deed: sales, for whatever reason, of vehicles owned by them or in their possession, with the name of the purchaser. Violation of this communication obligation is punished with the pecuniary administrative sanction of the payment of a sum from € 15.49 to € 51.64, pursuant to Article 27 of Law No. 298/74. The communication must be made to the Goods Office of the Civil Motor Vehicle Registration Office of Trento (on plain paper).