Road passenger transport - Authorisation

The following requirements are required for authorisation to pursue the profession of road passenger transport operator:

• transport manager;
• establishment;
• good repute;
• financial standing;
• professional suitability;
• registration with the R.E.N. (National Electronic Register) and Authorisation to Practice the Profession (A.E.P.) of road haulage operator.

A) requirement of honourability which consists of the absence of particular jurisdictional measures and/or specific convictions to prison sentences with final sentence or the absence of administrative sanctions for serious infringements of national regulations in the transport sector, indicated in Article 5 of Legislative Decree No. 395/2000. Furthermore, to meet the requirement, the haulage company must not have been subject to an anti-mafia prohibitory notice.

The requirement is demonstrated and fulfilled by the following persons

1. 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
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 suitability, the company must prove 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. Further details in the circular.

Proof is provided by

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;
3. a certificate issued by an insurance company attesting to the existence of a professional indemnity policy (RCP) and valid only for "new" road haulage companies, limited to the first two years of registration;

Road haulage companies or entities that have issued certificates to demonstrate the requirement of financial standing are obliged to notify the Trento Civil Motor Vehicle Service in writing, within fifteen days of becoming aware of them, of any fact that causes a reduction or loss of the certified financial standing.

C) professional suitability, which is demonstrated by appointing a transport manager in possession of the requisite of 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

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 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, in his capacity as transport manager, the transport activities of a single undertaking having a maximum of fifty vehicles used for the transport of persons;
   • 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. an operating office, in Italy, at which the company carries out the maintenance of the vehicles at its disposal (this may be an internal or external workshop)
3. one (or more) bus(s) used for the transport of persons: the vehicles must be at the company's disposal by way of ownership, leasing, usufruct, reserved domain agreement.

The following requirements are required for authorisation to pursue the profession of road passenger transport operator:

• transport manager;
• establishment;
• good repute;
• financial standing;
• professional suitability;
• registration with the R.E.N. (National Electronic Register) and Authorisation to Practice the Profession (A.E.P.) of road haulage operator.

Fill in the documentation in the Forms and forward it to the PEC address motorizzazione.civile@pec.provincia.tn.it.

• application for authorisation to exercise the profession (R.E.N) and provincial authorisation for market access;
• annex 1 a - declaration of proof of fulfilment of the requirement of establishment
• annex 1 b - declaration of proof of good repute requirement;
• annex 1 c - declaration by the transport manager concerning the possession of the requirement of professional competence;
• demonstration of the requirement as to financial standing.

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