LeX-Ray
Use of Vehicles Hired Without Drivers for the Carriage of Goods by Road Directive
Article 1: For the purposes of this Directive:
a
‘vehicle’ means a motor vehicle, a trailer, a semi-trailer, or a combination of vehicles intended exclusively for the carriage of goods;
b
‘hired vehicle’ means any vehicle which, for remuneration and for a determined period, is put at the disposal of an undertaking which engages in the carriage of goods by road for hire or reward or for its own account on the basis of a contract with the undertaking which makes the vehicles available.
Article 2: Each Member State shall allow the use within its territory, for the purposes of traffic between Member States, of vehicles hired by undertakings established on the territory of another Member State provided that:
2
Proof of compliance with the conditions referred to in paragraph 1, points (a) to (d) shall be provided by the following documents, which must be on board the vehicle:
a
the contract of hire, or a certified extract from that contract giving in particular the name of the lessor, the name of the lessee, the date and duration of the contract and the identification of the vehicle;
b
where the driver is not the person hiring the vehicle, the driver's employment contract or a certified extract from that contract giving in particular the name of the employer, the name of the employee and the date and duration of the employment contract or a recent pay slip.
If need be, the documents referred to in (a) and (b) may be replaced by an equivalent document issued by the competent authorities of the Member State.
Article 3: Member States shall take the necessary measures to ensure that their undertakings may use, for the carriage of goods by road, under the same conditions as vehicles owned by them, hired vehicles registered or put into circulation in compliance with the laws in their countries, provided that the conditions laid down in Article 2 are satisfied.
2
Member States may exclude from the provisions of paragraph 1 own-account transport operations carried out by vehicles with a total permissible laden weight of more than 6 tonnes.
Article 4: This Directive shall not affect the regulations of a Member State which lays down less restrictive conditions for the use of hired vehicles than those specified in Articles 2 and 3.
Article 5: Without prejudice to Articles 2 and 3, this Directive shall not affect the application of the rules concerning:
a
the organisation of the market for the carriage of goods by road for hire or reward and own account and in particular access to the market and quota restrictions on road capacities;
b
prices and conditions for the carriage of goods by road;
c
the formation of hire prices;
d
the import of vehicles;
e
the conditions governing access to the activity or occupation of road-vehicle lessor.
Article 6: Directive 84/647/EEC is hereby repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives listed in Annex I, Part B.
References to the repealed Directive shall be construed as references to this Directive and should be read in accordance with the correlation table set out in Annex II.
Article 7: This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . Official Journal of the European Union
Article 8: This Directive is addressed to the Member States.
Recital 1
Council Directive 84/647/EEC of 19 December 1984 on the use of vehicles hired without drivers for the carriage of goods by road ( 3 ) has been substantially amended ( 4 ) . In the interests of clarity and rationality the said Directive should be codified.
Recital 2
From a macroeconomic point of view, the use of hired vehicles permits, in certain situations, an optimum allocation of resources by limiting the wasteful use of factors of production.
Recital 3
From a microeconomic point of view, this possibility brings an element of flexibility to the organisation of transport, and thus increases the productivity of the undertakings concerned.
Recital 4
This Directive should be without prejudice to the obligations of the Member States concerning the time-limits for transposition into national law of the Directives set out in Annex I, Part B,
Footnote p0: Done at Strasbourg, 18 January 2006.