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Ordinance To The Law On Road Haulage

Original Language Title: Bekendtgørelse af lov om godskørsel

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Publication of the law of goods 1)

In this way, the rule of goods is announced in accordance with the rule of law. Law Order no. 1086 of 8. September 2010, with the changes resulting from paragraph 44 of Law No 718 of 25. June 2010, section 1 of law no. 471 of 18. May 2011, section 1 of the law. 166 of the 28th. February 2012, section 1 of the law. 167 of the 28th. February 2012, section 1 of the law. 610 of 18. June 2012 and Section 1 of Law No 611 of 18. June 2012.

Law's area, etc.

§ 1. The person established in the Danish territory and carries out the carriage of goods for foreign bills with a Danish registered motor vehicle or vehicle which exceeds one of the transport minister laid down by the transport minister shall be authorized to do so. Community licences issued pursuant to Article 4 of Regulation (EC) No (EC) of the European Parliament and of the Council. 1072/2009 on common rules for access to the market for international goods vehicles (Regulation No 2), 1072/2009 provides the right to carry out national transport operations. Authorisation shall be issued with validity for up to 10 years.

Paragraph 2. Save as otherwise provided by the provisions of the European Union, international agreement or provisions laid down by the Minister for the Transport Minister, the running of the carriage of goods by motor vehicles or the carriage of vehicles shall be subject to a special permit.

1) above the country's limit or

2) in Danish territory of a company established abroad.

Paragraph 3. For the purpose of a total foreign bill, the carriage of vehicles or vehicles means that goods which do not belong to or are attached to the vehicle ' s use on the vehicle ' s use on the vehicle are to be carried on the vehicle. 4 mentioned ways.

Paragraph 4. For the purposes of a company ' s driving vehicle, the carriage of goods by motor vehicles or the carriage of goods belonging to the vehicle registered by the vehicle or goods such as this tenant, landlord, lender, borrower, or has in its possession for the purpose of : the purchase, sale, manufacture, processing, processing, processing or repair. The axle may also be carried out with a vehicle or vehicle leased without a driver. The permit, which must be an ancillator in relation to the overall activities of the undertaking, must be carried out by a driver employed by this or, as far as the driving is concerned, by a driver employed by an authorisation holder who, after section 6 a, is employed as : paragraph Two, is approved for business-hire drivers.

§ 2. The Minister for Transport may lay down rules that certain types of vehicle or species of goods are exempted from the requirement for authorisation.

Paragraph 2. The Minister for Transport may lay down rules for the purpose of applying or implementing EU rules on goods vehicles and working hours for self-employed hauliers as well as similar agreements with other countries.

Paragraph 3. The Minister for Transport may, for all activities whose activities include road transport, loading and unloading of dangerous goods, lay down rules on the designation of safety advisers, including rules on the tasks and training requirements of the security advisor and training ; and for the payment of tests on the knowledge and skills of such persons.

Conditions for granting authorization

§ 3. Authorisation pursuant to section 1 (1). The provisions of Article 3 of the Regulation (EC) No (EC) No 1 may be notified to one in the country, in addition to the requirements set out in Article 3 of the European Parliament and of the Council. 1071/2009 of 21. In October 2009, laying down common rules on the conditions for the exercise of road transport services and repealing Council Directive 96 /26/EC (Regulation No 2), 1071/2009),

1) are not under reconstruction treatment or bankruptcy ;

2) does not have significant due debt to the public sector, resulting in the amount of the order of 50,000 kr. and above, and

3) make it acceptable that it will be able to exercise the business responsibly and in accordance with good practice in the field of industry.

Paragraph 2. That may be under the provisions of paragraph 1. The conditions laid down in this Article shall be authorised in this country in the country ' s home-party associations, funds and other self-imposed institutions. The authorisation of public authorities and undertakings may also be granted.

Paragraph 3. Filials of foreign companies, etc. of the one in paragraph 1. The nature of the kind may be granted to 1 and 2, provided that this is home in an international agreement or by means of the Transport Minister.

Paragraph 4. In the assessment of whether a company operating in company form meets the conditions laid down in paragraph 1, 1, no. 3, may there be information that members of the Management Board or the Governing Board or other persons with significant interests within the company within the last five years,

1) has been refused approval as a transport operator, or has been revoked as a carrier of a company with a permit under this law, the law on bus and coach, the law on cab driving or the rules laid down in accordance with it ; or

2) have been approved as a means of transport by or have had significant interests in an estate or bus run, which :

a) has been refused the issuance of or have been subject to authorization pursuant to provisions of this Act, the Law on the bus and bus services, the law on taxi driving or the rules laid down in accordance with them ;

b) in the case of the execution of freight services, coarse or repeatedly infringed provisions referred to in section 12 (3). 1, no. 1 (a-h), or

c) has or has had economic difficulties, which may be attributable to the person responsible for whom the person concerned has been responsible.

§ 4. The undertaking shall have an approved transport manager, which, in addition to the requirements arising from Article 4 of Regulation No 2, shall be approved. 1071/2009,

1) is of the grace and not under the guardianship of the guardianship ' s section 5 or under the guardianship of the guardianship of the guardianship section 7,

2) are not under reconstruction treatment or bankruptcy ;

3) does not have significant due debt to the public sector, resulting in the amount of the order of 50,000 kr. and over there,

4) shall not be convicted of a criminal offence, which is undergoing a near-risk of misuse of access to carrying out the carriage of haulage activities, cf. Penal Code Section 78 (3) of the penal code 2, and

5) , in order to ensure that they are able to exercise the business in a responsible manner and in accordance with good practice in the industry.

§ 5. The Minister for Transport may lay down rules on the content of applications, including concerning the economic or technical requirements to be met.

Contents of the authorisation, pay and working conditions and so on.

§ 6. Permissions under this law must be brought in the motor vehicle during the driving time, including abroad.

Paragraph 2. The authorisation must be used by the company which has achieved this and cannot, in whole or in part, go to anyone else.

Paragraph 3. The holder of a licence shall comply with the provisions on wages and working conditions for drivers in the collective agreements in question.

Paragraph 4. The holder of the authorization shall, on the basis of the President of the Transport Minister, submit documentation to the effect that the undertaking shall comply with the provisions on wages and working conditions for drivers in the collective agreements in question.

Execution of the goods for the road to foreign expense

§ 6 a. Permit of a foreign charge carried out with a permit issued in accordance with section 1 (1). 1 may be performed only by :

1) the holder of the consent or a driver working for this ;

2) a driver employed by a different authorisation holder, with only payment for the costs of the unrelated costs, or

3) a driver employed by an authorisation holder who, in accordance with paragraph 1, shall be that : 2 is approved for business purposes to rent drivers.

Paragraph 2. This may be endorsed for a permit for the goods to be run on a foreign charge, cf. Section 1 (1). 1, or a permit to be approved within the European Economic Area of the European Economic Area, shall be approved by the proprietor of business-employed drivers. Authorisation shall also include the rental of drivers for the execution of commercial persons.

Paragraph 3. For approval pursuant to paragraph 1, 2 shall apply the provisions relating to the notification, renewal, revocation and loss of authorisations pursuant to section 1 (1). 1, corresponding use.

Paragraph 4. The Minister for Transport may lay down rules for the notification of approval pursuant to paragraph 1. 2.

Agreement Name

§ 6 b. The social partners may set up a collective bargaining board consisting of five members. The President of the Committee to be a judge shall be appointed by the chairman of the Office. 2 members are designated by DI and Danish Occupation, respectively, and 2 members are designated by Fagligt Common Confederation. The members shall be appointed for a 4-year period.

Paragraph 2. For the Chairman and the other members, a suppleant shall be provided in accordance with the rules laid down in paragraph 1. 1.

Paragraph 3. The name shall be supplemented by a representative of the employer and employee side, from other relevant contracting parties, when dealing with cases relating to collective agreements concluded by them.

Paragraph 4. The Board shall draw up a rules of procedure approved by the Transport Minister.

Paragraph 5. The Board shall deliver its opinion on whether or not the provisions on the pay and working conditions of drivers in the collective agreements in question have been followed in the sections in section 6 c (1). Two, mentioned cases.

§ 6 c. The Transport Minister shall consult the parties to the Parties to assess whether a permit holder complies with section 6 (2). 3.

Paragraph 2. In cases where one of the parties to the collective bargaining or both agreement states that the provisions on the pay and working conditions of drivers in the collective agreements in question have not been followed, the Secretary of State shall consult the agreement of the Transport Minister.

Road transport thread, delegation, redress, etc.

§ 7. The weather is now composed of 11 members designated by the Minister for Transport. 10 members shall be appointed according to the recommendation by the Health and Logistics, Danish Occupation, Danish Erstice Employer, Dansk Transport and Logistics, Danish Busers, Danske Spediators, DI, DI Transport, Fagligt Common The bottom and the International Transport Denmark.

Paragraph 2. The Minister for Transport shall appoint the President of the Council, who shall have legal or economic training.

Paragraph 3. For the Chairman and the other members, a suppleant shall be provided in accordance with the rules laid down in paragraph 1. One and two.

Paragraph 4. The Council discusses general and general issues in the field of transport and comes with recommendations to the Transport Minister about the regulation of the framework conditions for the transport industry.

§ 8. The Minister for Transport may, under the Ministry of Transport, allow the Ministry of Transport to exercise powers pursuant to Regulation No 2 ; Regulation No 1071/2009. 1072/2009 and this law or regulations issued in accordance with them.

Paragraph 2. The Minister for Transport may lay down rules on the access to appeal against decisions taken pursuant to Regulation No 2 ; Regulation No 1071/2009. Regulation (EC) No 1072/2009 and this law or regulations issued in accordance with them, including that the decisions must be made prior to a certain period, or that the decisions cannot be impacted.

Paragraph 3. The Minister for Transport may lay down rules for the pursuit of haulage activities.

Paragraph 4. The Minister for Transport shall lay down the terms of international authorisations issued in accordance with section 1 (1). 2, no. 1.

Labelling of vehicles

§ 9. The Minister for Transport may lay down rules on affixing and so on of the vehicles used for the driving of goods.

Fees

§ 10. The Minister for Transport may lay down rules on charges for the processing of applications and for the granting of authorization and authorization, and for the award of the marking plate and for the issuance of notification for notification under section 11. The Minister may also lay down rules on the charge of the issue of qualification certificates for drivers.

Company run

§ 11. A motor vehicle or combination of vehicles whose maximum permissible weight exceeds one of the transport minister determined by the transport minister, provided that it is used for commercial driving, shall be notified to customs and tax administration, unless the holder has a licence in accordance with section 1 (1). The Minister for Transport may lay down rules on this subject after negotiation with the tax minister.

Paragraph 2. Evidence of the notification of the vehicle in question in accordance with paragraph 1. 1 shall be brought under the driving exit.

Withdrawal of permissions, etc.

§ 12. A permit issued in accordance with paragraph 1 (1). In addition to the provisions laid down in Article 13 of Regulation No 1, The case shall be revoked 1071/2009 if the holder

1) shall no longer be taken to comply with the conditions laid down in section 3 (1). 1, no. 3, as a result of the fact that the person involved in the industry has been grossly or repeatedly infringed provisions in :

a) this law or regulations issued in accordance with it ;

b) the traffic regulations on speed, driving without driving licences, vehicles, equipment and accessories, the placing of goods, the transport of dangerous goods, vehicles ' maximum laden weight and driving times and rest periods ;

c) Regulation (EC) No, Regulation (EC) No, in writing.-(EC) 561/2006 on the harmonisation of certain social provisions in road transport and amending Council Regulation (EEC) No 2. 3821/85 and (EC) No, 2135/98 and repeal of Council Regulation (EEC) No 2, Regulation (EEC) No 3820/85, Council Regulation (EEC) No 3821/85 on the control equipment in road transport with subsequent amendments and European Agreement on the work for the construction of crews on vehicles in international road transport (AETR),

d) the legislation on substances which are eupreizing drugs or drug trafficking,

(e) environmental legislation on soil protection and soil and surface water, and on the production, storage, treatment or disposal of waste,

(f) tax legislation,

g) legislation on the protection of animals during transport, or

(h) the legislation on trafficking in human beings or human trafficking ; or

2) has significantly overdue debt to the public sector, resulting in the amount of the order of 100 000 DKK and over there.

Paragraph 2. A permit issued in accordance with paragraph 1 (1). 1 may be revoked if a driver or other person appearing in the holder ' s interest, in the performance of the enquired times, has been grossly infringed in the scope of paragraph 1. 1, no. 1. As a result, it must be assumed that the holder no longer meets the conditions laid down in section 3 (3). 1, no. 3.

Paragraph 3. Approval as the transport operator of a company, cf. Section 4 may be revoked under the provisions referred to in paragraph 1. 1, no. The conditions laid down shall be 1 and 2.

Paragraph 4. A permit issued in accordance with paragraph 1 (1). 1 or an approval as a transport operator of a company may in cases not covered by paragraph 1. 1 or 2 shall be withdrawn if the conditions for the grant of a permit or approval are no longer present.

Paragraph 5. A permit issued in accordance with paragraph 1 (1). 2, no. 1 may be revoked if the holder has brushly or repeatedly infringed the conditions of authorisation, or if a driver or other person acting in the interest of the undertaking is repeatedly violating the terms of the permit.

Paragraph 6. A permit issued in accordance with paragraph 1 (1). 2, no. 1, shall be revoked if the undertaking ' s authorization has been issued in accordance with section 1 (1). Paragraph 1 shall be withdrawn pursuant to paragraph 1. Paragraph 1 to 4 or Article 13 of Regulation No 2 ; 1071/2009 or refused renewed because of the fact that the company or transport manager no longer meets the conditions laid down in section 3 respectively.

§ 12 a. In the context of the processing of cases of withdrawal of a permit for a foreign bill, the competent authority may, where necessary, disclose information on breaches of the provisions covered by section 12 (2). 1, no. 1, as a driver or someone else acting in the holder ' s interest, have committed in the course of the performance of the profession.

§ 13. A decision to withdraw from Article 13 of Regulation No 2, 1071/2009 or this law's section 12 may be required for the courts. Motion for a decision pursuant to Article 13 of the Regulation, cf. Article 3 (1). 1 (a) (c) and (d) or Article 12 (1) of the law. 1, no. 2, section 12 (2). 3, cf. paragraph 1, no. 2, section 12 (2). 4, or Section 12 (2). 5 shall, within 4 weeks of the decision to notify the holder of the authorisation or approval, shall be presented to the Traffic Management Board, which shall cause proceedings against the former in the form of the civil justice. A decision to withdraw pursuant to Article 13 of the Regulation, cf. Article 3 (1). Paragraph 1 (b) or Article 12 (1) (b). 1, no. 1, section 12, paragraph 1. 2, or § 12 (2). 3, cf. paragraph 1, no. 1, at the request of the holder of the authorization or approval, shall be submitted to the courts of the prosecution in accordance with the procedure laid down in the Penal Code Section 78 (3). 3, and the matter is dealt with in these cases in the forms of criminal law.

Paragraph 2. The provisions of paragraph 1. ONE, ONE. and 2. point, shall apply by analogy to the decision that a permit cannot be renewed because of the fact that the company no longer fulfils the conditions of section 3, paragraph 1. 1, no. 2 or 3, or the transport manager no longer meets the conditions in section 4, no. 3 or 5. The provisions of paragraph 1. ONE, ONE. and 3. point, shall apply by analogy to the decision that a permit cannot be renewed because of the fact that the company or the transport manager no longer fulfils the condition laid down in Article 3 (3) of the Regulation. 1 (b).

Paragraph 3. A request for the revocation or refusal of renewal pursuant to Article 13 of the Regulation, cf. Article 3 (1). 1 (a) (c) and (d) and Article 12 (1) of the law. 1, no. 2, section 12 (2). 3, cf. paragraph 1, no. 2, section 13 (3). 2, cf. Section 3, paragraph 3. 1, no. Article 13 (2) and Article 13 (3). 2, cf. § 4, no. 3, shall not have any effect, but the court may, by ruling, determine that the person concerned shall have access to the establishment, authorisation or approval of the undertaking. If a judgment is used, which shall not be legally revoked, the right which has ruled the judgment or the right to which the case is referred may be determined that the haulage company must not be carried out during the treatment of the appeal.

Paragraph 4. A request for the revocation or refusal of renewal pursuant to Article 13 of the Regulation, cf. Article 3 (1). Paragraph 1 (b) and Article 12 (1) of the law. 1, no. 1, section 12, paragraph 1. 2, section 12 (2). 3, cf. paragraph 1, no. 1, section 12, paragraph 1. 4, section 12, paragraph 1. 5, section 13, paragraph 1. 2, cf. Section 3, paragraph 3. 1, no. 3, and section 13 (3). 2, cf. § 4, no. 5 shall have the effect, but the court may, by ruling, determine that the person concerned shall not, at the time of the proceedings, exercise the activities of the authorisation or approval. If the recall is legally revoked, the effect in this case may be that the anke does not have any effect on them.

Paragraph 5. A recall pursuant to Article 13 or Article 13 of the Regulation may, at any time, be repealed by the authority which has taken a decision on withdrawal. However, applications for this may be submitted only on a 1 th year basis. Where the application is refused, the applicant may require the decision to be tried by the courts, provided that the application has elapalled at least five years after termination and at least two years after termination has been refused by the time of the sentence. Paragraph 1, 2. pkt; shall apply mutatis muctis.

§ 14. (Aphat)

§ 15. Permission that has been revoked, cf. Section 12, together with one in accordance with section 9, extradited the mark shall be handed over immediately to the authority that issued the authorization.

§ 16. The police can withhold a motor vehicle, with which goods are run against the law, regulations issued under this or EU rules on the road to road by road vehicles.

Paragraph 2. Hold may be made up until conditions have been brought into conformity with the provisions of paragraph 1. Paragraph 1 has been mentioned. If necessary, hold may be made if it is necessary to ensure a claim for payment of fine and legal costs, or to ensure confiscation, including value confiscation, but only until the said amounts are paid or security has been lodged ; for this. If this does not happen within two months of the final decision of the final decision, it may be possible to check the motor vehicle. However, detention cannot be carried out if the vehicle that was available over the motor vehicle when the offence took place was unjustified in his possession.

Paragraph 3. The provisions of the law on the seizure of confiscation with a view to confiscation shall apply mutatis mums.

§ 16 a. The police may carry out a search of the vehicle in accordance with the rules of the law on search in cases which may lead to freedom of imprisonment.

International Execution Rearation

§ 16 b. The registered owner or user of a motor vehicle with a total weight of 3,500 kg or more shall be liable to the driver of the vehicle and other persons associated with his activities and, at its request, participate in and shall contribute to : the carrying out of transport, for costs incurred during driving abroad, for treatment and so on abroad and on the return of home transport in the case of disease.

Paragraph 2. Paragraph 1 shall not apply where the person concerned is fraudulent with the disease ; this is self-inflic; or expenditure shall be effected,

1) legislation on occupational health insurance,

2) legislation on the public health insurance,

3) the provisions of Regulation (EC) No 2 of the European Parliament and of 883/2004 on the coordination of social security systems, or

4) provisions of international agreements on social security.

Paragraph 3. Paragraph 1 shall apply by analoging to the costs of legal aid and similar costs incurred during driving abroad in the event of conflicts with foreign authorities as a result of acts or omissions that have a natural connection with : the execution of transport.

Paragraph 4. The one that shall be liable for paragraph 1. 1, cf. paragraph 2 and 3 shall provide security to the fulfils of its possible obligations before a vehicle is run out of the country.

Paragraph 5. The minister of transport shall lay down detailed rules on the liability, including the extent to which paragraph is laid down. 1, cf. paragraph 2 and 3, and whether the security shall be lodged in accordance with paragraph 1. 4. The Minister for Transport may lay down rules for the exemption from the security of the movement within specified areas.

Training and training of drivers

§ 16 c. The Minister for Transport may be responsible for other public authorities or private organisations or undertakings to carry out the administration and to make decisions pursuant to the rules laid down for the implementation of the European Communities ; a Directive on basic qualification and training requirements for drivers of certain vehicles used for the carriage of goods or passengers by road. The Minister for Transport may lay down rules for the approval of such authorities, organizations or undertakings, and also lay down rules for their activities in the context of the administration of the tasks.

§ 16 d. The Minister for Transport may lay down rules on eligibility requirements for the driver of the motor vehicles covered by this law.

Penalty provisions, etc.

§ 17. Unless higher penalties have been inflished on any other law, the penalty shall be penalised by the penalty which :

1) in violation of section 1 (1). 1 and 2, section 6 (4). One-three, paragraph six a, paragraph. Paragraph 1, section 11, section 15 or § 16 b (3). 4,

2) are in violation of conditions laid down in a permit or approval pursuant to the law or regulations issued under the law,

3) are in breach of provisions contained in the European Communities Regulations on the Sphorocrality or

4) for commercial operators, drivers without being approved in accordance with section 6 (a), 2.

Paragraph 2. The provisions laid down by the law may be punished for violating the provisions laid down in the provisions of the regulations.

Paragraph 3. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

Paragraph 4. The penalties applicable for infringement of this Act and for infringement of EU rules relating to matters covered by this Act shall be given the emphasis on the economic gains achieved or attempted by the person concerned. Breach.

§ 17 a. In cases where serious gross or repeated infringement of the rule of law may be carried out by the infringement of the vehicle in the event of an infringement, it may be deemed necessary to prevent further infringements of the law and, if so, if : confiscation is not unreasonable.

Paragraph 2. Incidentally, the rules of the penal code on confiscation are in force.

§ 17 b. The Minister for Transport may impose penalties on weekly periodic penalty payments to those who fail to submit evidence as required in accordance with section 6 (4). 4.

Entry into force and transitional provisions

§ 18. The law shall enter into force on 1. January 1989.

Paragraph 2. At the same time, no 293 of 23. May 1973 on the carriage of goods by vehicles.

Paragraph 3. (Excluded)

Paragraph 4. Rules laid down in sections 5, 8, paragraph 1. One, and 21 in law no. 293 of 23. May 1973 will remain in force until they are lifted. The violation of these rules is punished by fine. § 17, paragraph 1. 3, shall apply mutatis mutis.

§ 19. The law does not apply to the Faroe Islands and Greenland.


Law No 471 of 18. May 2011 amending the rule of law and the law on bus and bus services (legislation relating to the EU road transport package) relating to sections 3, sections 4, section 5, section 6 (a) (1). 1, 2 and 3, section 8 (3). Paragraph 1, section 11, paragraph 11. 1, § 12, § 13, § 14, § 15, § 16 b, paragraph 16 (b) 2, no. 3, section 17, paragraph. 1, no. 1, cf. Amendment No 1. The amending law contains the following entry into force :

§ 3

The law shall enter into force on the fourth. December 2011.


Law No 166 of the 28th. February 2012, on the amendment of the rule of law and the work day for self-employed haulage workers, section 2 (2). 2, cf. Amendment No 1. The amending law contains the following entry into force :

§ 3

The law shall enter into force on 1. March 2012.


Law No 167 of the 28th. February 2012, on the amendment of the rule of law and the law on bus-run (Bid increases) as regards section 17 (4). 4, cf. Amendment No 1. The amending law contains the following entry into force :

§ 3

The law shall enter into force on 1. March 2012.


Law No 610 of 18. June 2012 on the amendment of the rule of law on freight and bus services (Simplification of the permit for freight and bus and coach, the control of wages and working conditions for drivers, alteration of the composition and tasks of road transport, the possibility of withholding by motor vehicles, etc.) in the case of paragraph 1 (1). 1, 2 and 4, section 6 (4). 1, 2 and 4, section 7 (4). One and four, section 8, section 11, paragraph 11. ONE, ONE. pkt., section 15, section 16, section 16 b, paragraph 16, B. Paragraph 17, paragraph 17. 1, no. 1, Section 17 b, cf. Amendment No 1. The amendment shall include the following entry into force and transitional provisions :

§ 3

Paragraph 1. The law shall enter into force on 1. July 2012, cf. however, paragraph 1 2.

Paragraph 2. § 16, in the law of freight, as drawn up by this law's § 1, nr. Fourteen, and Section 17 of the law on bus-run as an inmate of the paragraph 2 of this law. 7, shall enter into force the day following the announcement in the law.

Paragraph 3. Permissions for the carriage of goods on the basis of a foreign bill and authorisations for the carriage of persons issued prior to the entry into force of the law shall remain valid until the period of validity of the permission for the authorisation is to be due.

Department of Transportation, the 12th. November 2012

Henrik Dam Kristensen

/ Carsten Falk Hansen

Official notes

1) The law provides for the implementation of parts of the European Parliament and of the Council Directive 2003 /59/EC of 15. July 2003 laying down basic qualification requirements and training requirements for drivers of certain vehicles used for the carriage of goods or passengers by road and amending Council Regulation (EEC) No (EEC) No 147/EEC. Regulation 38/85 and Council Directive 91 /439/EEC and repealing Council Directive 76 /914/EEC (EC Official Journal of 2003). L 226, page 4-17).