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Hiring of vehicles for the carriage of goods

This Directive allows the use of vehicles hired by undertakings established on the territory of another Member State. Among other requirements, such vehicles must comply with the laws of the Member State of origin and be driven by the personnel of the undertaking using them. The Directive does not affect the Member States' obligations concerning the time-limits for transposition into national law.

ACT

Directive 2006/1/EC of the European Parliament and of the Council of 18 January 2006 on the use of vehicles hired without drivers for the carriage of goods by road [Official Journal L 33 of 4.2.2006].

SUMMARY

From a macroeconomic point of view, the use of hired vehicles * permits an optimum allocation of resources by limiting the wasteful use of factors of production.

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.

Each Member State must allow the use within its territory of vehicles * hired by undertakings established on the territory of another Member State, provided that:

  • the vehicle has been registered or put into circulation in compliance with the laws in the latter Member State;
  • the contract relates solely to the hiring of a vehicle without a driver and is not accompanied by a service contract concluded with the same undertaking covering driving or accompanying personnel;
  • the hired vehicle is at the sole disposal of the undertaking using it during the period of the hire contract;
  • the hired vehicle is driven by personnel of the undertaking using it.

The following documents providing proof of the vehicle's compliance with the requirements must be carried on board:

  • 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;
  • 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.

The Directive does not affect the application of the rules concerning:

  • the organisation of the market for the carriage of goods by road for hire or reward and own account or access to the market and to quota restrictions on road capacities;
  • prices and conditions for the carriage of goods by road;
  • the formation of hire prices;
  • the import of vehicles;
  • the conditions governing access to the activity or occupation of road-vehicle lessor.
Key terms used in the act
  • vehicle: a motor vehicle, a trailer, a semi-trailer, or a combination of vehicles intended exclusively for the carriage of goods;
  • hired vehicle: 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.

REFERENCES

ActEntry into force - Date of expiryDeadline for transposition in the Member StatesOfficial Journal
Directive 2006/1/EC18.1.2006-OJ L 33 of 4.2.2006
 
Last updated: 31.07.2007
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