EU Road Transport Operator Requirements: Regulation 1071/2009 Compliance
Key Provisions of EU Regulation 1071/2009
Scope, Objectives, and Compliance (Q1–Q10)
What was *not* a reason for the EU passing Regulation (EC) No 1071/2009? → Employing the younger generations.
Prior to Regulation 1071/2009, were all Member States consistently following rules and regulations? → False.
Consequences resulting from the inconsistent application of rules and directives:
- Employing staff with a low professional qualification.
- Distortion of competition.
How does employing unprofessional staff harm the road transport sector’s image?
- Negligence in respect to road safety (causing more accidents).
- Negligence in respect to social welfare.
What is the only condition imposed on undertakings in the Community? → A Community license.
Can Member States adapt compliance conditions for outermost regions? → True.
Can outermost regions that adapt the regulation still apply for a Community license? → False.
Are undertakings with a very small impact on the market excluded from Regulation 1071/2009? → True.
Who verifies an undertaking’s compliance with Regulation 1071/2009? → The Member State.
What action can a Member State’s authorities take against a non-compliant undertaking? → Suspend authorizations.
Transport Manager Requirements and Definitions (Q11–Q15, Q17–Q19, Q32, Q37, Q45, Q47, Q48)
A natural person with good repute and professional competence is a: → Transport Manager; Surveyor.
Must a Transport Manager be a resident of a Member State? → True.
Not having been convicted of a serious criminal offense defines: → Good Repute.
Not having seriously infringed upon Community rules defines: → Good Repute.
Which is *not* part of the procedure for losing good repute? → A trial with a delegate from the European Union.
Do Transport Managers only need knowledge of international shipping regulations? → False.
Are the examinations for Transport Manager identical and unchanging across all Member States? → False.
Are there exceptions for taking the Transport Manager examinations? → False.
Definition: A Transport Manager is a natural person who effectively and continuously manages the transport activities of an undertaking.
Which is *not* a responsibility of the Transport Manager? → To find a purchaser for the undertaking.
Can Transport Managers only take the examination in the Member State where they work? → False.
What is the training interval required to ensure Transport Managers are aware of regulatory developments? → 10 years.
Additional training must be completed after how many years of not managing a road transport undertaking? → 5 years.
Financial Standing, Exemptions, and Definitions (Q16, Q23–Q35, Q42–Q44)
Proof of minimum financial standing can be demonstrated by:
- Bank guarantee.
- Professional liability insurance.
What document is needed to participate in road transport operations in a Member State? → A document issued by a competent authority in the Member State.
Are vehicles that do not exceed 4.5 tonnes exempt from this regulation? → False.
Are undertakings providing passenger services exclusively for non-commercial purposes exempt? → True.
Road transport vehicles with a maximum authorized speed of 40 km/h or less are exempt from Regulation 1071/2009.
Reasons why national transport operations may have a minor market impact:
- The nature of the goods carried.
- The short distances involved.
Definition: The occupation of road haulage operator means the activity of any undertaking transporting goods for hire or reward by means of motor vehicles.
Definition: Any undertaking transporting more than nine persons (including the driver) by motor vehicles, for payment, is the occupation of road passenger transport operator.
Definition: The occupation of road transport operator encompasses the occupation of road passenger transport operator and/or road haulage operator.
The transport of passengers or freight with a commercial purpose by a legal or natural person is defined as an: → Undertaking.
An administrative decision declaring that an undertaking satisfies the conditions of the regulation is an: → Authorization to pursue the occupation of road operator.
A national or local authority in a Member State which authorizes the pursuit of undertakings is a: → Competent Authority.
The location where an undertaking is established (where the manager can be from another State) is the: → Member State of Establishment.
Is the minimum required capital and reserves EUR 9,000 base + EUR 7,000 for each additional vehicle? → False.
Which rate is obtained on the first working day of October? → The value of the euro (exchange rate).
When is the published euro exchange rate from October valid from? → 1st January of the following calendar year.
Administrative Procedures and Penalties (Q20–Q22, Q36, Q38–Q41, Q46, Q49, Q50)
Should an undertaking *not* be notified before receiving a penalty? → False.
Does an undertaking receive a warning and time to fix an issue before a penalty is imposed? → True.
What measure allows for a reduction in administrative costs? → Electronic registers of undertakings.
Which is *not* required for undertakings engaged in the occupation of road transport operator? → A transport manager that resides in the establishment state.
Can a manager manage the activities of four undertakings with a maximum fleet of 80 vehicles? → False.
Which is *not* a type of document the Community will request? → Documents related to the employee recruitment process.
Which type of law can road transport operators infringe upon (leading to loss of good repute)? → Family law.
Where is the record of good or bad repute maintained? → National Register.
Is a place of residence defined as where a person spends at least 200 days each year? → False.
What is the time limit for authorities to evaluate an application to engage in an undertaking? → As short as possible, and shall not exceed 3 months.
How many days after initial authorization must an undertaking update their data (e.g., change of manager)? → 28 days.