Regulation (EC) No 1071/2009 of the European Parliament and of the CouncilShow full title

I. LIST OF SUBJECTS REFERRED TO IN ARTICLE 8 U.K.

The knowledge to be taken into consideration for the official recognition of professional competence by [F1 a competent authority] must cover at least the subjects listed below for road haulage and road passenger transport respectively. In relation to these subjects, applicant road haulage and road passenger transport operators must have the levels of knowledge and practical aptitude necessary for the management of a transport undertaking. U.K.

Textual Amendments

F1 Words in Annex 1 Pt. 1 substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 9(26)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2 ...

Textual Amendments

F2 Words in Annex 1 Pt. 1 omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 9(26)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

A. Civil law U.K.

The applicant must, in particular, in relation to road haulage and passenger transport:

1.

be familiar with the main types of contract used in road transport and with the rights and obligations arising therefrom;

2.

be capable of negotiating a legally valid transport contract, notably with regard to conditions of carriage;

in relation to road haulage:

3.

be able to consider a claim by his principal regarding compensation for loss of or damage to goods during transportation or for their late delivery, and to understand how such a claim affects his contractual liability;

4.

be familiar with the rules and obligations arising from the CMR Convention on the Contract for the International Carriage of Goods by Road;

in relation to road passenger transport:

5.

be able to consider a claim by his principal regarding compensation for injury to passengers or damage to their baggage caused by an accident during transportation, or regarding compensation for delays, and to understand how such a claim affects his contractual liability.

B. Commercial law U.K.

The applicant must, in particular, in relation to road haulage and passenger transport:

1.

be familiar with the conditions and formalities laid down for plying the trade, the general obligations incumbent upon transport operators (registration, record keeping, etc.) and the consequences of bankruptcy;

2.

have appropriate knowledge of the various forms of commercial companies and the rules governing their constitution and operation.

C. Social law U.K.

The applicant must, in particular, in relation to road haulage and passenger transport, be familiar with the following:

1.

the role and function of the various social institutions which are concerned with road transport (trade unions, works councils, shop stewards, labour inspectors, etc.);

2.

the employers’ social security obligations;

3.

the rules governing work contracts for the various categories of worker employed by road transport undertakings (form of the contracts, obligations of the parties, working conditions and working hours, paid leave, remuneration, breach of contract, etc.);

4.

[F3 the rules applicable to driving time, rest period and working time, and in particular the provisions of—

(a)

Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85;

(b)

Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport;

(c)

the Road Transport (Working Time) Regulations 2005;

(d)

the Road Transport (Working Time) Regulations (Northern Ireland) 2005;

(e)

the practical measures for applying the provisions in paragraphs (a) to (d); and

5.

the rules applicable to the initial qualification and continuous training of drivers as set out in the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007.]

Textual Amendments

F3 Words in Annex 1 Pt. 1 Section C substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 9(26)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

D. Fiscal law U.K.

The applicant must, in particular, in relation to road haulage and passenger transport, be familiar with the rules governing:

1.

value added tax (VAT) on transport services;

2.

motor-vehicle tax;

3.

the taxes on certain road haulage vehicles and tolls and infrastructure user charges;

4.

income tax.

E. Business and financial management of the undertaking U.K.

The applicant must, in particular, in relation to road haulage and passenger transport:

1.

be familiar with the laws and practices regarding the use of cheques, bills of exchange, promissory notes, credit cards and other means or methods of payment;

2.

be familiar with the various forms of credit (bank credit, documentary credit, guarantee deposits, mortgages, leasing, renting, factoring, etc.) and the charges and obligations arising therefrom;

3.

know what a balance sheet is, how it is set out and how to interpret it;

4.

be able to read and interpret a profit and loss account;

5.

be able to assess the undertaking’s profitability and financial position, in particular on the basis of financial ratios;

6.

be able to prepare a budget;

7.

be familiar with the cost elements of the undertaking (fixed costs, variable costs, working capital, depreciation, etc.), and be able to calculate costs per vehicle, per kilometre, per journey or per tonne;

8.

be able to draw up an organisation chart relating to the undertaking’s personnel as a whole and to organise work plans, etc.;

9.

be familiar with the principles of marketing, publicity and public relations, including transport services, sales promotion and the preparation of customer files, etc.;

10.

be familiar with the different types of insurance relating to road transport (liability, accidental injury/life insurance, non-life and luggage insurance) and the guarantees and obligations arising therefrom;

11.

be familiar with the applications of electronic data transmission in road transport;

in relation to road haulage:

12.

be able to apply the rules governing the invoicing of road haulage services and know the meaning and implications of Incoterms;

13.

be familiar with the different categories of transport auxiliaries, their role, their functions and, where appropriate, their status;

in relation to road passenger transport:

14.

be able to apply the rules governing fares and pricing in public and private passenger transport;

15.

be able to apply the rules governing the invoicing of road passenger transport services.

F. Access to the market U.K.

The applicant must, in particular, in relation to road haulage and passenger transport, be familiar with the following:

1.

the occupational regulations governing road transport for hire or reward, industrial vehicle rental and subcontracting, and in particular the rules governing the official organisation of the occupation, admission to the occupation, authorisations for intra-Community and extra-Community road transport operations, inspections and penalties;

2.

the rules for setting up a road transport undertaking;

3.

the various documents required for operating road transport services and the introduction of checking procedures to ensure that the approved documents relating to each transport operation, and in particular those relating to the vehicle, the driver, the goods and luggage are kept both in the vehicle and on the premises of the undertaking;

in relation to road haulage:

4.

the rules on the organisation of the market in road haulage services, as well as the rules on freight handling and logistics;

5.

border formalities, the role and scope of T documents and TIR carnets, and the obligations and responsibilities arising from their use;

in relation to road passenger transport:

6.

the rules on the organisation of the market in road passenger transport;

7.

the rules for introducing road passenger transport services and the drawing up of transport plans.

G. Technical standards and technical aspects of operation U.K.

The applicant must, in particular, in relation to road haulage and passenger transport:

1.

be familiar with the rules concerning the weights and dimensions of vehicles in the [F4 United Kingdom and] Member States and the procedures to be followed in the case of abnormal loads which constitute an exception to these rules;

2.

be able to choose vehicles and their components (chassis, engine, transmission system, braking system, etc.) in accordance with the needs of the undertaking;

3.

be familiar with the formalities relating to the type approval, registration and technical inspection of these vehicles;

4.

understand what measures must be taken to reduce noise and to combat air pollution by motor vehicle exhaust emissions;

5.

be able to draw up periodic maintenance plans for the vehicles and their equipment;

in relation to road haulage:

6.

be familiar with the different types of cargo-handling and loading devices (tailboards, containers, pallets, etc.) and be able to introduce procedures and issue instructions for loading and unloading goods (load distribution, stacking, stowing, blocking and chocking, etc.);

7.

be familiar with the various techniques of ‘piggy-back’ and roll-on roll-off combined transport;

8.

be able to implement procedures to comply with the rules on the carriage of dangerous goods and waste, notably those arising from [F5 the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009, or the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010] and Regulation (EC) No 1013/2006;

9.

be able to implement procedures to comply with the rules on the carriage of perishable foodstuffs, notably those arising from the Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be used for such Carriage (ATP);

10.

be able to implement procedures to comply with the rules on the transport of live animals.

Textual Amendments

F4 Words in Annex 1 Pt. 1 Section G inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 9(26)(a)(iv)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Annex 1 Pt. 1 Section G substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 9(26)(a)(iv)(bb); 2020 c. 1, Sch. 5 para. 1(1)

H. Road safety U.K.

The applicant must, in particular, in relation to road haulage and passenger transport:

1.

know what qualifications are required for drivers (driving licence, medical certificates, certificates of fitness, etc.);

2.

be able to take the necessary steps to ensure that drivers comply with the traffic rules, prohibitions and restrictions in force in [F6 the United Kingdom and] Member States (speed limits, priorities, waiting and parking restrictions, use of lights, road signs, etc.);

3.

be able to draw up instructions for drivers to check their compliance with the safety requirements concerning the condition of the vehicles, their equipment and cargo, and concerning preventive measures to be taken;

4.

be able to lay down procedures to be followed in the event of an accident and to implement appropriate procedures to prevent the recurrence of accidents or serious traffic offences;

5.

be able to implement procedures to properly secure goods and be familiar with the corresponding techniques;

in relation to road passenger transport:

6.

have elementary knowledge of the layout of the road network in the [F7 United Kingdom and] Member States.

Textual Amendments

F6 Words in Annex 1 Pt. 1 Section H substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 9(26)(a)(v)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Annex 1 Pt. 1 Section H inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 9(26)(a)(v)(bb); 2020 c. 1, Sch. 5 para. 1(1)