Road transport accounts for as much as three-quarters of inland freight transport in the European Union. It is therefore no surprise that its legal regulation receives due attention not only at the national level but also at the European Union level. As early as 2017, the European Union introduced the so-called Mobility Package, which concerned legislative changes and proposals in road transport. After nearly three years of demanding work, new rules were published in the Official Journal of the European Union, focused primarily on improving drivers’ working conditions, specific rules for the posting of drivers in international transport, and updating the rules on access to the freight transport market. The main objective was to ensure a certain balance between drivers’ working conditions and carriers’ freedom to provide cross-border services (hereinafter also referred to as the “Mobility Package”).
However, the Mobility Package brought about a significant change in the requirements for the occupation of road transport operator. Previously, the rules governing access to the profession of road transport operator did not apply to companies that carried out the profession of road haulage operator exclusively using motor vehicles with a maximum permissible gross weight not exceeding 3.5 tons. However, as the number of companies engaged in either domestic or international transport is growing, some Member States have adopted specific legislation. The European Union has therefore set itself the goal of avoiding potential gaps in the legislation of Member States and ensuring a minimum level of professionalization in road transport, specifically by establishing uniform and common rules. For this reason, the requirements for access to the profession have been amended, such that these have become mandatory for operators using motor vehicles or vehicle combinations intended exclusively for the international transport of goods, with a maximum permissible gross weight exceeding 2.5 tons but not exceeding 3.5 tons. For this reason, road freight transport operators who will carry out international road freight transport with such vehicles will be required to hold a Community license. It is important to note, however, that this requirement will not apply to domestic transport. District Offices in the seat of the Region, Departments of Road Transport and Land Communications, are authorized to issue Community licenses. Application forms can be found on the website of the Ministry of the Interior of the Slovak Republic. We also note that pursuant to Act No. 56/2012 Coll., the Road Transport Act, a road transport operator engaged in international transport using motor vehicles or vehicle combinations with a maximum permissible gross weight exceeding 2.5 tons but not exceeding 3.5 tons this change is effective as of May 21, 2022. Therefore, if you operate road transport with vehicles over 2.5 tons but do not yet hold a Community license, we recommend that you apply for one as soon as possible; otherwise, you risk a potential fine of up to 15,000 euros.
However, this change also had to be reflected in other key areas. One of these is, for example, the minimum financial standing of transport operators to ensure they have the resources for stable and long-term operations. To this end, the company must be continuously capable of meeting its financial obligations throughout the entire fiscal year. The undertaking must demonstrate, on the basis of annual financial statements certified by an auditor or a duly accredited person, that for each year it has equity capital totaling at least EUR 9,000 for the first motor vehicle used, EUR 5,000 for each additional vehicle or vehicle combination in use with a maximum permissible gross weight exceeding 3.5 tons, and EUR 900 for each additional vehicle or vehicle combination in use with a maximum permissible gross weight exceeding 2.5 tons, but does not exceed 3.5 tons.
For companies that will carry out transport exclusively with motor vehicles or vehicle combinations with a maximum permissible gross weight exceeding 2.5 tons, but does not exceed 3.5 tons, the requirement will be set at EUR 1,800 for the first vehicle in use and EUR 900 for each additional vehicle in use, in accordance with the above.
These legislative changes stem from Regulation (EU) 2020/1055 of the European Parliament and of the Council of 15 July 2020 amending Regulations (EC) No 1071/2009, (EC) No. 1072/2009, and (EU) No. 1024/2012 to adapt them to developments in the road transport sector, with some changes also incorporated directly into national regulations.
At the law firm Hronček & Partners, s. r. o., we regularly address issues related to transport law, so if you have any questions regarding the changes resulting from the Mobility Package or if you are affected by these legislative changes and need assistance in applying for a Community license, please do not hesitate to contact us.
