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Graham Williams

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Graham Williams. EU requirements for entry to the profession. Operators of lorries & buses ... for admission to the profession across member states for those ... – PowerPoint PPT presentation

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Title: Graham Williams


1
TAIEX SEMINAR ANKARA SEPTEMBER 2006
EU requirements for entry to the profession
Operators of lorries buses
Graham Williams
2
Reason for legislation
  • Set common rules for admission to the profession
    across member states for those involved in
    national and international transport operations
  • Operators better qualified
  • Contribute to rationalisation of the market,
  • Leads to improvement in the quality of the
    service provided, in the interests of users,
    operators and the economy as a whole
  • Greater road safety

3
Occupation of a road haulage operator
  • The activity of any organisation transporting
    goods for hire or reward by means of either a
    motor vehicle or a combination of vehicles within
    or outside the member state.
  • Does not apply to vehicles weighing less than 3.5
    tonnes

4
Occupation of passenger transport operator
  • The activity of any organisation running motor
    vehicles suitable for carrying more than nine
    persons - including the driver and intended for
    that purpose
  • And
  • providing passenger transport services in those
    vehicles for the public, or for specific
    categories of users, and receiving payment from
    the person transported or from the transport
    organiser.

5
Organisation or Undertaking
  • Any natural person, any legal person, whether
    profit-making or not,
  • Any association or group of persons without legal
    personality, whether profit-making or not,
  • Any official body, whether having its own legal
    personality or being dependent upon an authority
    having such personality.

6
Basic requirements of the Directive
  • Those wishing run a business operating lorries or
    buses must
  • Be of good repute
  • Be of appropriate financial standing
  • Satisfy the condition as to professional
    competence

7
Good repute
  • Operators can lose their repute if they have
    been
  • Convicted of serious criminal offences, including
    offences of a commercial nature
  • Declared unfit to pursue the occupation of road
    transport operator under any rules in force
  • Convicted of serious, repeated offences against
    the rules in force

8
Financial Standing
  • The test is to have available sufficient
    resources to ensure the proper launching and
    administration of the business.
  • Met if the licence holder has available capital
    and reserves of at least 9000 for the first
    vehicle and at least 5000 for each additional
    vehicle.

9
Financial Standing
9000
  • First vehicle
  • Each additional vehicle

10
Financial Standing
  • First vehicle

9000
  • Each additional vehicle

11
Professional Competence
  • The operator can themselves meet the
    qualifications to be professionally competent
  • or.
  • they can employ someone else who meets the
    requirement provided that they shall continuously
    and effectively manage the transport operations
    of the operator

12
Professional Competence
  • Met by passing a written examination in various
    subjects including
  • Civil law
  • Commercial law
  • Social and Fiscal law
  • Business and financial management of the
    undertaking
  • Access to the market
  • Technical standards and aspects of operation
  • Road safety

13
Professional Competence
National Operations
  • Member States may reduce requirements to
    establish professional competence for those
    involved in transport operations in their own
    country

14
Proof of Professional Competence
  • This can be demonstrated by
  • A certificate issued by a relevant authority
  • or.
  • Other means determined by the Member State.
  • The certificate will cover either national
    operations or international operations

15
Regular Checks
  • Directive requires that checks must be carried
    out at least every 5 years to make sure that the
    transport operation still meets the requirements
    of
  • Good repute
  • Financial standing
  • Professional competence

16
Competent Authorities
  • Member States designate the authorities and
    bodies competent to
  • Administer the EU rules in their own country
  • Issue documents
  • Take action required by the EU legislation

17
Application of rules in UK
  • UK law amended to include the EU Directive
  • Covers operators involved in national and
    international transport
  • Some provisions extended to cover those involved
    in transporting their own goods

18
Competent Authorities in UK
  • Traffic Commissioners are the competent authority
    appointed by the UK Government to
  • Administer the rules
  • Issue documents
  • Take action required by the legislation

19
UK Road Transport Industry
  • Industry regulated
  • Entry controlled by Traffic Commissioners and
    based on EU Directive
  • Operators required to have licences to allow them
    to run their vehicles
  • Licences issued by Commissioners
  • Commissioners issue EU Community Authorisations
    which allow each vehicle to travel within EU

20
Powers of Traffic Commissioners
  • Grant or refuse applications for a licence (must
    meet all the requirements of the UK legislation)
  • Suspend or revoke licence of those who fall below
    standards at any time

21
Powers of Traffic Commissioners
  • Applicants for a licence must show Commissioners
    that they can meet standards for entry to
    industry and obey the road transport laws.

Financial Standing
  • Cash
  • Company Accounts
  • Bank Statements
  • Overdraft facility

22
Powers of Traffic Commissioners
Certificate of Professional Competence
23
Powers of Traffic Commissioners
Maintenance of vehicles
  • Own facilities
  • Driver defect sheets
  • Inspection sheets
  • Contract

24
Powers of Traffic Commissioners
  • Other road safety rules
  • Drivers hours
  • Exceeding speed limit
  • Drink driving
  • Convictions for other driving offences
  • Overloading

25
TAIEX SEMINAR ANKARA SEPTEMBER 2006
EU requirements for entry to the profession
Operators of lorries buses
Graham Williams
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