Ordinance Amending The Ordinance On Road Haulage

Original Language Title: Bekendtgørelse om ændring af bekendtgørelse om godskørsel

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Overview (table of contents)



Annex 1








The full text of the Ordinance amending the Ordinance on road haulage

§ 1

In executive order No. 1489 by 12. December 2007 on the carriage of goods, as amended by Decree No. 1552 by 18. December 2009, shall be amended as follows: 1. Everywhere in the notice, the words ' the traffic agency ' to: ' public transport '.

2. paragraph 2 is replaced by the following: ' article 2. Traffic Agency acts as supervisory and monitoring authority and can obtain information from public authorities and may request the holder of information for the purposes of assessing compliance with the requirements of road haulage Act §§ 3 and 4, this publication 2. Chapter as well as the European Parliament and of the Council Regulation (EC) No 1782/2003. 1071/2009 of 21. October 2009 article 3 and 4, are consistently being met. If it is not documented that the holder meets the requirements of the withdrawal of authorisation, in accordance with the road haulage Act § 12. '

3. The heading of Chapter 2 shall be replaced by the following:

» Issuance and renewal of permits for road haulage for hire or reward and approval for operation by driver temporary undertaking '.

4. In article 5, paragraph 1, article 7, paragraph 1, no. 2 and § 8, paragraph 2, no. 1, the words ' responsible leadership ' to: ' transport Manager '.

5. section 7, paragraphs 3-5, are repealed.

6. § 10 with accompanying headline is lifted.

7. Annex 1 is replaced by the text in annex 1 to this notice.

section 2 of the Ordinance shall enter into force on 4 February. December 2011.

The traffic Agency, 28. November 2011 Carley H/Niels Remmer



Annex 1



' Annex 1 list of items to be included in the course, see. § 7 (1) (8). 3, and section 8, paragraph 1.



A. civil law



  The applicant must, inter alia:



1) be familiar with the main types of contract used in road transport, and the resulting rights and obligations



2) be eligible to negotiate a contract of carriage, so that it will be legally valid, inter alia. with regard to transport conditions



3) could judge a complaint from adjudicating over injuries that either due to loss of or damage to goods during transportation or delayed delivery, as well as be able to assess which follows this complaint gets for his contractual responsibilities



4) be familiar with the rules and obligations arising from the CMR Convention on freight agreements at the international carriage of goods by road.



B. Commercial Law



  The applicant must, inter alia:



1) know the conditions and formalities laid down for plying the trade, as well as know the trader's general obligations (registration, business books, etc.) as well as the consequences of bankruptcy;



2) have a reasonable knowledge of the different types of companies as well as the rules for their creation and operation.



C. labour and social legislation



  The applicant must, inter alia:



1) be familiar with the relevant labour market institutions for the road transport sector role and function (trade unions, works councils, shop stewards, labour inspectors, etc.)



2) know the obligations of employers with respect to social security



3) be familiar with the rules applicable to employment contracts concluded with the various categories of workers in road transport undertakings (contract forms, the partners ' obligations, working conditions and working hours, paid leave, remuneration, termination of contract, etc.)



4) know the provisions relating to driving time, rest periods and working time, particularly in Regulation (EEC) No 2377/90. 3821/85, Regulation (EC) No 1782/2003. 561/2006, European Parliament and Council Directive 2002/15/Ec1) and Directive 2006/22/EC, and the practical implementing rules for the application of these provisions



5) be familiar with the provisions relating to the initial qualification and periodic training of professional drivers, in particular those laid down by the European Parliament and Council Directive 2003/59/EC2).



D. Tax Legislation



  The applicant must, inter alia, know the provisions relating to:



1) VAT on transport services



2) weight charges



3) taxes on certain vehicles used for the carriage of goods by road, as well as the user charges levied by the use of certain infrastructures



4) income tax.



E. Commercial and financial business management



  The applicant must, inter alia:



1) know the legislation and the practical procedures for the use of cheques, bills of Exchange, promissory notes, credit cards and other payment instruments or-ways



2) be familiar with the various forms of credit (bank credit, documentary credit, guarantees, equity real estate, leasing, renting, factoring, etc.) and the burdens and obligations they entail



3) know what a balance sheet is, how it looks, and how it is interpreted



4) be able to read and interpret a profit and loss account



5) could carry out an analysis of the company's financial and profitability situation, inter alia. on the basis of financial ratios



6) could put a budget



7) be familiar with the various components of the company's cost (fixed costs, variable costs, working capital, depreciation, etc.) and could perform calculations per vehicle, per kilometre travelled, per journey or per tonne



8) could draw up a schematic representation of the entire staff organization within the company, organise work plans, etc.



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



10) be familiar with the different types of insurance that are characteristic of road transport (liability, accidental injury/insurance/life insurance, property insurance and baggage insurance) as well as the guarantees and obligations they entail



11) be familiar with the different kinds of use of electronic data transmission in road transport



12) be able to apply the rules governing the invoicing of godkørsels services and know the meaning and implications of Incoterms;



13) be familiar with the different kinds of support occupations in the field of transport auxiliaries, their role, their functions and, where appropriate, their legal position.



F. access to the market



  The applicant must, inter alia:



1) be familiar with the professional rules governing road transport for hire or reward, for rental of commercial vehicles, subcontracting, including rules governing the official organisation of the occupation, access to it, permits for road transport within and outside the territory of the community as well as the rules concerning the control and sanctions



2) know the modalities for the establishment of a road transport undertaking;



3) be familiar with the various documents required for execution of road transport services and be able to introduce control methods to ensure that both in the company's premises in the vehicles are the regulated documents relating to each transport operation, carried out, inter alia, documents relating to the vehicles, the driver, freight or passenger baggage



4) be familiar with the rules concerning the Organization of the road haulage market, on shippers and logistics



5) be familiar with the formalities relating to the crossing of frontiers, the meaning and scope of T documents and TIR carnets, and the obligations and responsibilities arising from their use.



G. Technical standards and technical aspects of operation



  The applicant must, inter alia:



1) know the rules for vehicle weight and dimensions in Member States as well as the procedures for the special transports that do not qualify under these rules



2) depending on your business needs to be able to choose appropriate vehicles and related components (chassis, engine, transmission system, braking system, etc.)



3) know the formalities for approval, registration and inspection of these vehicles



4) be able to assess the measures to be taken for noise control as well as to combat air pollution caused by emissions from motor vehicles



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



6) be familiar with the different types of cargo-handling and loading equipment (bagsmække, containers, pallets, etc.) and be able to introduce methods and instructions for loading and unloading goods (load distribution, stacking, fastening, bracing, etc.)



7) be familiar with the various techniques of combined transport as a piggyback and roll-on/roll-off



8) be able to implement procedures to ensure compliance with the rules on the transport of dangerous goods and waste, among others. pursuant to Directive 2008/68/Ec3) and Regulation (EC) No 1782/2003. 1013/20064)



9) be able to implement procedures to comply with the rules on the transport of perishable foodstuffs, in particular the rules laid down in the Treaty concerning the international carriage of perishable foodstuffs and on the special equipment to be used for such transport operations (ATP)



10) be able to implement procedures to comply with the provisions on the transport of live animals.



H. Road Safety



  The applicant must, inter alia:



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



2) could take the necessary steps to ensure that drivers comply with traffic rules, prohibitions and restrictions in force in different Member States (speed limits, forkørselsrettigheder, rules for stopping and parking lamp on the market, road signs, etc.)




3) could draw up instructions to the drivers on the inspection of safety requirements concerning the condition of the vehicles, equipment and cargo and, on the other hand, concerning preventive behaviour



4) could impose rules on how one should behave in case of an accident, and take the necessary measures in order to avoid repeated accidents or serious infringements of the rules of the road



5) be able to implement procedures for safe fastening of the cargo and know the techniques to do so.



I. Driver Temporary Employment Company



  The applicant must, inter alia:



1) know the operation of temporary business including special permission demand driver, market access and employers ' responsibilities



2) know judicial employment legislation and health and safety legislation



3) know about workers ' compensation insurance, sickness and legal assistance as well as the collective conditions for bus and truck drivers.



J. Negotiation Skills



  Applicants must, inter alia:



1) know the difference between negotiation and sales/purchases, be able to assess how the successful negotiation situation "win/win situation" occurs



2) could prepare, plan and implement the various negotiating phases



3) know about strategy and tactics as well as the psychological factors in the negotiating game



4) be informed about the characteristics of the good dealer and identification of the counterparty's motives and objectives



5) could make economic considerations and aspects and assess their consequences.



K. Road Safety Management



  Applicants must, inter alia:



1) could draw up objectives and road safety policy



2) could draw up the registration systems that illuminate the frequency, nature and cause of the accident



3) could draw up a plan for how the employees involved and informed about the company's safety policy



4) could introduce systems for the measurement of fuel consumption



5) be informed of the contents of a driver's Handbook, inter alia. with description of driver behavior and be able to describe how the Handbook maintained and enforced



6) be familiar with certification schemes concerning traffic safety. '

Official notes 1) European Parliament and Council Directive 2002/15/EC of 11. March 2002 on the organisation of the working time of persons performing mobile road transport activities (Official Journal of the European Union 2002 nr. L 80, p. 35).

2) European Parliament and Council Directive 2003/59/EC of 15. July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers by road, and amending Council Regulation (EEC) No 2377/90. 38/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC (Official Journal of the European Union 2003 nr. L 226, pp. 4-17).

3) European Parliament and Council Directive 2008/68/EC of 24. September 2008 on the inland transport of dangerous goods (Official Journal No. L 260 of 30.9.2008, p. 13).

4) European Parliament and Council Regulation (EC) No 1782/2003. 1013/2006 of 14. June 2006 on shipments of waste (Official Journal No. L 190 of 12.7.2006, p. 1).