Key Benefits:
Publics concerned: road transport companies.
Subject: terms and conditions of access to the profession of road carrier and to access to the international transport of goods and passengers market.
Entry into force: the text comes into force on the day after its publication.
Notice: The purpose of the decree is to allow the application of the "road package" on the road transport of persons and goods, consisting of three European regulations of October 21, 2009 on access to the profession (regulation No. 1071/2009), access to the market for the transport of goods (regulation No. 1072/2009) and access to the transport of persons market (regulation No. 1073/2009). Persons wishing to access the profession of road carrier must meet four conditions. The first is new: it is the obligation of establishment, which consists for the company to have, in the State where it is established, premises containing the documents related to its activity and to be made available to the supervisors. The other three conditions are maintained and strengthened: these are obligations of professional honesty, financial capacity and professional capacity. It is up to the prefect in the region to issue to companies that meet these four conditions an authorization to practise the profession. The decree provides for the registration of each transport company on a national electronic registry, the data of which will enhance administrative cooperation between the Member States of the Union. Access to the European road transport market is made through the issuance of a community licence and compliant copies to each company, constituting the administrative control titles.
References: This decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development, Transport and Housing,
Considering the agreement on the occasional international transport of passengers by bus or bus (Interbus agreement);
Considering the agreement between the European Community and the Swiss Confederation of 21 June 1999 on the transport of goods and passengers by rail and by road;
Having regard to Commission Regulation (EC) No. 2121/98 of 2 October 1998 on the terms and conditions for the application of regulations (EEC) No. 684/92 and (EC) No. 12/98 concerning documents for the carriage of passengers by bus and bus;
Having regard to Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules on the conditions to be followed in the profession of road carrier and repealing Council Directive 96/26/EC;
Considering Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules for access to the international transport of goods by road market;
Considering Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules for access to the international market of bus and bus transport services and amending Regulation (EC) No 561/2006;
In view of the Commission ' s decision of 17 December 2009 on minimum data requirements to be included in the national electronic register of road transport companies;
Vu le Trade code ;
Vu le Consumer code ;
Considering the environmental code;
Vu le Criminal code ;
Vu le Code of Criminal Procedure ;
Vu le road code ;
Vu le Tourism code ;
Considering the transport code;
Vu le Labour code ;
Vu la Act No. 49-874 of 5 July 1949 relative to various economic and financial provisions;
Vu la Act No. 78-17 of 6 January 1978 modified on computers, files and freedoms;
Vu la Act No. 79-587 of 11 July 1979 amended on the motivation of administrative acts and the improvement of relations between the administration and the public;
Vu la Act No. 2000-321 of 12 April 2000 amended on the rights of citizens in their relations with administrations;
Vu le Decree No. 49-1473 of 14 November 1949 on the coordination and harmonization of rail and road transport;
Vu le Decree No. 79-222 of 6 March 1979 establishing the regime applicable to international road transport of passengers;
Vu le Decree No. 84-139 of 24 February 1984 amended on the National Transport Council, regional transport committees and regional administrative sanctions commissions;
Vu le Decree No. 85-891 of 16 August 1985 amended on urban transport of persons and non-urban road transport of persons;
Vu le Decree No. 86-1130 of 17 October 1986 amended on the obligations and penalties applicable in the field of Community Social Regulation concerning Road Transport and the European Agreement concerning the Work of Crews of Vehicles carrying International Road Transport (AETR) of 1 July 1970;
Vu le Decree No. 87-242 of 7 April 1987 relating to the definition and conditions of execution of private services of non-urban road transport of persons;
Vu le Decree No. 99-752 of 30 August 1999 amended on road transport of goods;
Vu le Decree No. 2007-1340 of 11 September 2007 amended on the initial qualification and continuing training of drivers of certain vehicles for road transport of goods or passengers;
Vu le Decree No. 2010-389 of 19 April 2010 related to cabotage in road and river transport;
Vu le Decree No. 2010-855 of 23 July 2010 the obligations and penalties applicable in the community field of work of the crews of vehicles carrying out road transport;
Having regard to the advice of the Local Finance Committee (the Standards Assessment Advisory Board) dated 8 September 2011;
Considering the referral of the general council of Guadeloupe dated 8 August 2011;
Considering the referral of the Regional Council of Guadeloupe dated 8 August 2011;
Considering the referral of the General Council of Martinique dated 8 August 2011;
Considering the referral of the Martinique Regional Council dated 8 August 2011;
Considering the referral of the General Council of Guyana dated 8 August 2011;
Considering the referral of the Guyana Regional Council dated 8 August 2011;
Having regard to the advice of the General Council of La Réunion dated 5 October 2011;
Considering the referral of the Regional Council of La Réunion dated 9 August 2011;
Having regard to the advice of Mayotte's General Council of 29 September 2011;
The State Council (section of public works) heard,
Decrete:
The above-mentioned decree of 16 August 1985 is thus amended:
I. ― After Article 1st, an article 1st-1 is inserted as follows:
"Art. 1-1.-The companies established in France that operate a public transport activity of persons must be registered in a register maintained by the prefect of the region. »
II. ― After Title I, an article 1st-2 is inserted as follows:
"Art. 1er-2.-For the purposes of this Order, the term "road public transport company of persons" applies to any natural person, legal person with or without profit, association or group of persons without legal personality, with or without profit, as well as to any body under the public authority, whether it is equipped with the legal personality or that it depends on an authority having such personality, »
III. Sections 2 to 4 are replaced by the following:
"Art. 2.-I. ― The company that wishes to practise the profession of public road transport of persons shall apply for such authorization from the prefect of the region where it has or wishes to have its seat or, for a company that does not have its headquarters in France, its principal establishment. The applicant has a period of time not exceeding three months, possibly one month in the case that the file submitted in support of the application is incomplete, to decide on the application.
“II. ― The regional prefect shall issue to the company an authorization to practise the profession when it meets the requirements of establishment, professional honourability, financial capacity and professional capacity set out in sections 5-1 to 7, subject to the provisions of section 5.
"Art. 3.-I. ― Companies established in France and authorized under Article 2 to carry on a road public transport activity of persons are registered in the national electronic register of road transport companies.
“II. ― Companies with their headquarters in France are registered by the prefect of the region where they have their headquarters.
"The companies that do not have their headquarters in France are registered by the prefect of the region where their main establishment is located. It also mentions in the register the address of the company's headquarters.
"In the cases provided for in the two preceding paragraphs, the secondary establishments of enterprises located in the national territory are mentioned in the register by the prefect of the region where the company is registered and, respectively, by each of the prefects of the regions where these establishments are located.
"III. ― For the application of Articles 16 to 18 of Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules on the conditions to be met for the occupation of road carrier and repealing Council Directive 96/26/EC, registration in the register is carried out on an electronic basis under the conditions provided by the Commission Act No. 78-17 of 6 January 1978 related to computing, files and freedoms.
"Art. 4.-In the case of cooperatives of road public transport companies of persons, member companies are authorized in accordance with Article 2 and are registered in the national electronic register of road transport companies. The cooperative is also a cooperative and its listing includes the list of member companies. »
IV. ― Section 5 is amended as follows:
Paragraphs 1.2 and 3 are repealed.
Paragraphs 4 and 5 are replaced by the following:
“4. Financial and professional capacity requirements:
“(a) Individuals and associations referred to in Article L. 3111-12 of the Transport Code when using a single vehicle not exceeding nine seats, including driver;
“(b) Companies that carry on a road public transport activity of persons, on a regular basis or on a demand basis under the conditions set out in sections L. 1221-3 and L. 1221-4 of the transport code, an accessory of a main activity other than the road public transport of persons, and that have a single vehicle not exceeding nine seats, including driver, assigned to that purpose;
"(c) Companies that use only vehicles other than buses and buses, intended for tourism and leisure purposes, under the conditions set out by the Minister's Transportation Order mentioned at thearticle R. 233-1 of the Tourism Code and carrying out circuits instead, these circuits being defined as transport services, each of which is sold separately and which bring the persons transported to their point of departure, or occasional services provided for in section 32;
"(d) Territorial authorities carrying out non-commercial transport and having up to two vehicles;
« 5. Taxi companies are also exempted from financial and professional capacity requirements when carrying out a public road transport activity for people using a single vehicle. The vehicle used is a vehicle not exceeding nine seats, including the driver, or a taxi vehicle.
"When the condition of professional honesty is attested by the production of the professional taxi driver card of the person who ensures the permanent and effective direction of the company's transport activity, the registration in the national electronic registry of the road transport companies is in full right, at their request, for these companies.
« 6. Companies that carry on a road public transport activity of persons who are incidental to a main activity other than the public road transport of persons and who own a single vehicle for that purpose, registered in the register before the effective date of the Decree No. 2011-2045 of 28 December 2011 with various provisions relating to access to the profession of road transport and access to the market of road transport by having benefited from the registration of the exemption from financial and professional capacities and which are not part of those mentioned in b of 4, retain the benefit of their registration in the register provided that:
“(a) The company has regularized its position before December 4, 2014 with respect to the financial capacity requirement under section 6-1;
“(b) The person referred to in the register who ensures the effective and permanent direction of the company's transport activity justifies before 4 December 2014 that it is the holder of the certificate of professional capacity in road transport of persons or of the certificate of professional capacity in road transport of persons with vehicles not exceeding nine places, including the driver, respectively provided for in I and VII of Article 7.
"In the absence of meeting these obligations, these companies may be subject to a ban on the exercise of the public road transport activity of persons.
"A new licence that ceases to be valid no later than December 4, 2014 has expired on the date of expiry of the licence, and that does not have the status of the licence to be regulated in accordance with the requirements of professional and financial capabilities.
"The taxi companies registered in the register before the effective date of the Decree No. 2011-2045 28 December 2011 with various provisions relating to access to the profession of road transport and access to the market of road transport by having benefited for this registration of the financial and professional capacity exemption retain the benefit of their registration in the register until the expiry date of their domestic transport licence. They may exercise the activity set out in 5. »
V. ― It is added, after Article 5, an article 5-1 as follows:
"Art. 5-1.-I. ― Constitute the establishment of the company the premises of its headquarters or, for a company not having its headquarters in France, those of its principal establishment, as well as those mentioned in the II and III.
“II. ― The establishment requirement is met by the compliance in France of all of the following conditions:
« 1° In the premises of the company's headquarters or, for a company that does not have its headquarters in France, in those of its principal establishment are retained, subject to the provisions of the III, the documents mentioned in point a of Article 5 of Regulation (EC) No 1071/2009 referred to above and the original of the transport license referred to in Article 9 of this Decree, the agreements passed, if any, with other public authorities of services
« 2° The company has one or more registered vehicles, whether these vehicles are held in full ownership or, for example, under a rental-sale contract or a lease or lease contract;
« 3° The company effectively and continuously directs the activities related to these vehicles through the necessary administrative equipment and appropriate technical facilities.
"III. ― Where all or part of the documents referred to in 1° of II are kept in premises distinct from those of its headquarters or, for a company that does not have its headquarters in France, its principal establishment, the company shall specify to the prefect of the region in which its headquarters is located or, for a company that does not have its headquarters in France, its principal establishment shall address the premises where these documents are made available.
"IV. ― The premises of the company's headquarters or, for a company that does not have its headquarters in France, the premises of its principal establishment and the premises that house its administrative facilities and those of its technical facilities are located in the national territory and their respective addresses are included in the national electronic register of road transport companies.
"V. ― For companies using only a vehicle not exceeding nine seats, including driver, the technical installations mentioned in 3° of II are not required. »
VI. ∙ Sections 6 to 11 are replaced by the following:
"Art. 6.-I. ― It must be satisfied with the requirement of professional honesty by each of the following persons:
« 1° The company, a legal entity;
« 2° The following natural persons:
“(a) The merchant, individual business leader;
“(b) Partners and managers of societies in collective name;
"(c) Managers of limited liability companies;
"(d) Sponsored partners and managers of limited companies;
“e) The President of the Board of Directors, the members of the Executive Board and the directors general of anonymous companies;
“(f) The president and executives of simplified equities;
“(g) The Chair of the Board of Directors and the Director of Transport Authorities;
“(h) The president and secretary of associations carrying out public road transport activities of persons;
“(i) Individuals mentioned at the 4th of Article 5;
“j) The physical person having a commercial activity under theArticle L. 123-1-1 of the Commercial Code ;
« 3° The transportation manager of the undertaking or the board referred to in section 8.
“II. ― Persons mentioned in I may lose professional honesty when they are:
« 1° A number of convictions referred to in Bulletin No. 2 of the criminal record prohibiting the exercise of a commercial or industrial profession;
« 2° A number of convictions mentioned in Bulletin No. 2 of the criminal record for one of the following offences:
“(a) Offences referred to in Articles 221-6-1,222-19-1,222-20-1,222-34 to 222-42,223-1,225-4-1 to 225-4-7,314-1 to 314-4,314-7,321-6 to 321-12 and 521-1 of the Criminal Code ;
“(b) Offences referred to in Articles L. 654-4 to L. 654-15 of the Trade Code ;
"(c) Offences referred to in articles L. 5224-1 to L. 5224-4, L. 8114-1, L. 8224-1 to L. 8224-6, L. 8234-1 and L. 8234-2, L. 8243-1 and L. 8243-2, L. 8256-1 to L. 8256-8 of the Labour Code;
"(d) Offences referred to in Articles L. 221-2, L. 223-5, L. 224-16 to L. 224-18, L. 231-1, L. 233-1, L. 233-2, L. 234-1, L. 234-8, L. 235-1, L. 235-3, L. 317-1 to L. 317-4, L. 325-3-1, L. 412-1 and L. 413-1 of the Highway Code ;
“e) Offences referred to in articles L. 1252-5 to L. 1252-7, L. 3242-2 to L. 3242-5, L. 3315-4 to L. 3315-6, L. 3452-6, L. 3452-7, L. 3452-9 and L. 3452-10 of the Transport Code;
“(f) Infraction mentioned at 5° of I of Article L. 541-46 of the Environmental Code;
« 3° There are several fines for the offences covered:
" ― atarticle R. 323-1 of the road code ;
“– Articles R. 312-2 to R. 312-4 of the road code where the offences correspond to a maximum permissible load exceeding 20 per cent or more for vehicles whose authorized load is greater than 12 tons and 25 per cent or more for vehicles whose authorized load is less than 12 tons;
“– articles 22 and 23 of Decree No. 2007-1340 of 11 September 2007 amended on the initial qualification and continuing training of drivers of certain vehicles for road transport of goods or passengers;
" ― atArticle 3, paragraph III, of Decree No. 86-1130 of 17 October 1986 amended on the obligations and penalties applicable in the field of Community Social Regulation concerning Road Transport and the European Agreement concerning the Work of Crews of Vehicles carrying International Road Transport (AETR) of 1 July 1970.
"III. ― Physical persons referred to in I who wish to create a transportation activity, run a transportation business or become a transport manager do not meet the requirement of professional honesty when they have been subject to several of the convictions referred to in II.
"IV. ― Physical persons referred to in I who run a transportation business or are transport managers in a company registered in the national electronic registry of road transport companies do not meet the requirement of liability for the exercise of the profession when they are the subject of a reasoned decision of the prefect of the region that has pronounced the loss of this honorability in view of convictions for offences referred to in II.
"V. ― The Prefect of the Region shall, at his request, be informed of the convictions referred to in II by means of Bulletin No. 2 of the Judicial Record.
"VI. ― The physical persons quoted in I who have not resided in France or who have been residing in France for less than five years demonstrate that they are satisfied in their usual state of residence, or in the state of the previous habitual residence, on the condition of professional honesty defined by that State for the access to the profession of road carrier, in accordance with the terms set out in Article 19 of the aforementioned Regulation (EC). This provision applies when the State of habitual residence is a party to the agreement on the European Economic Area.
« VII. ― Where the prefect in the region is informed of a criminal conviction or sanction in one or more Member States of the European Union other than France against a transport manager or a company because of one or more offences mentioned in the list set out in Schedule IV to Regulation (EC) No 1071/2009 referred to above or in the list of other serious breaches of the Community rules established by the European Commission pursuant to Article 6, paragraph 2, item (b), of the said Regulations, it initiates the administrative procedure provided for in Article VIII and to item (a)
« VIII. ― For the purposes of IV and VII, the regional prefect appreciates whether or not the loss of honorability is proportionate to the impact on the exercise of the profession after the advice of the regional administrative sanctions commission referred to in section L. 3452-3 of the Transportation Code.
"The Prefect of the Region shall notify the person concerned of the facts and of the sanction that they are subjected to. The person concerned is entitled to submit written or oral submissions within 15 days. She has access to the file and may be assisted by counsel or represented by an agent of her choice.
"At the end of this procedure, the prefect of the region can pronounce the loss of professional honesty.
"This decision sets the duration of loss of liability, which cannot exceed two years when the person has been convicted for contraventions or the duration of the violation articles 133-12 et seq. of the Criminal Code and 782 et seq. of the Code of Criminal Procedure when she was convicted of offences.
"If the prefect of the region concludes that the loss of honesty would be a disproportionate measure, he or she may decide that honesty is not questioned. In this case, the reasons behind this decision are included in the national electronic register of road transport companies.
"Art. 6-1.-I. ― The requirement of financial capacity referred to in Article 2 II is met when the company demonstrates, in accordance with this Article, that each year it has capital and reserves of at least 1 500 euros for each vehicle not exceeding nine seats, including driver, and, for vehicles exceeding this limit, 9,000 euros for the first vehicle and 5,000 euros for each of the following vehicles.
“II. - For public road transport companies of persons established in Guadeloupe, Guyana, Martinique, La Réunion or Mayotte and who declare to limit their activity to the only community in which they are established, and subject to the provisions of Articles 5 and 6 of Decree No. 2011-2045 of 28 December 2011 having various provisions relating to access to the profession of road transport and access to the market of road transport, the amount taken into account in calculating the financial capacity required is fixed at 1000 euros per vehicle not exceeding nine seats, including driver.
"III. ― In the absence of sufficient capital and reserves, the company may present guarantees granted by one or more financial organizations that bear the firm's security for the amounts set out in I and II. However, these guarantees cannot exceed half the financial capacity required.
"The guarantee is implemented by the designated liquidator in the event of a judicial liquidation for the benefit of all creditors in proportion to their receivables.
"IV. ― For the determination of the amount of the financial capacity required, all vehicles used by the company for the road public transport of persons shall be taken into account.
"V. ― To certify its financial capacity, the company shall forward, at the time of its initial application for authorization to practise the profession of road public carrier of persons, any documents certified by an accountant, an auditor or an approved management centre justifying that it has capital and reserves to the extent of the financial capacity required.
"It then addresses, each year, to the territorial service of the State of which it reports, within six months of the closing of the accounting year, the corresponding tax leash certified by an accounting expert, an auditor or an approved management centre.
"In the absence of the transmission of the tax base within the time limits set out in the preceding paragraph and after a stay of no effect for three months, the regional prefect may make a decision to suspend the authorization to practise the profession of road carrier.
"Art. 7.-I. ― The requirement of professional capacity referred to in Article 2 II is met when the transport manager referred to in Article 8 holds a certificate of professional capacity in road transport of persons.
“II. ― The certificate of professional capacity in road transport of persons is issued by the prefect of the region to persons who have met a mandatory written examination of the materials and according to the provisions set out in Annex I to Regulation (EC) No 1071/2009 referred to above.
"III. ― A certificate of professional capacity in road transport of persons may also be issued by the prefect of the region to persons with a national or State degree, a university title, a certificate of study or a professional title issued in France by the higher education institutions or authorized bodies, which involve the knowledge of all the materials listed in Schedule I to the Regulation (EC) No. 1071/2009 The list of these diplomas and titles is set by joint decree of ministers responsible for transport, higher education and work respectively.
"By derogation from the previous paragraph, persons with a degree, certificate of study or a title issued prior to the effective date of the Decree No. 2011-2045 of 28 December 2011 having various provisions relating to access to the profession of road transport and access to the market of road transport and which opened up, prior to the entry into force of Regulation (EC) No 1071/2009 referred to above, to the attribution, by direct equivalence, of the certificate of professional capacity may apply this right until 31 December 2012.
"By derogation from the first paragraph of the III, persons engaged before the effective date of Decree No. 2011-2045 of 28 December 2011 having various provisions relating to access to the profession of road transport and access to the market of road transport in a training resulting in a diploma, certificate of study or a title issued between that date and 1 July 2014 and which was entitled to the direct attribution of the certificate of professional capacity before the entry into force of the aforementioned Regulation (EC) No 1071/2009 may apply this right until 3 December 2014.
"IV. ― Attestation of professional capacity in road transport of persons may also be attributed by the prefect of the region to persons who provide proof that they have continuously managed a public road transport company of persons in one or more States belonging to the European Union during the ten years preceding 4 December 2009.
"V. ― Road public transport companies of persons established in Guadeloupe, Guyana, Martinique, La Réunion or Mayotte who declare to limit their activity to the single community where they are established are deemed to meet the requirement of professional capacity as long as their transport manager referred to in section 8 has a certificate of professional capacity in road transport of suitable persons.
"VI. ― Certificates of professional capacity, in accordance with the model of certification set out in Annex III to Regulation (EC) No. 1071/2009, issued by the competent authorities of the other Member States of the European Union are recognized as sufficient proof of professional capacity.
« VII. ― For companies that use vehicles exclusively not exceeding nine seats, including driver, the requirement of professional capacity is met when the transport manager referred to in section 8 holds a certificate of professional capacity in road transport of persons with vehicles not exceeding nine seats, including the driver.
"The certificate of professional capacity in road transport of persons with vehicles not exceeding nine seats, including the driver, is attributed by the regional prefect to persons who have undergone a training sanctioned by a mandatory written examination on a knowledge repository defined by the Minister responsible for transport.
"The person managing a business referred to in the first paragraph of the 6th of Article 5 wishing to obtain that certificate shall be exempt from the training mentioned in the preceding paragraph.
"The certificate of professional capacity in road transport of persons with vehicles not exceeding nine places, including the driver, may also be attributed by the prefect of the region to persons with a national or State degree or a professional title issued in France by the academy rectors or authorized bodies, which involve the knowledge of all the materials listed in the knowledge repository, and under the relevant circumstances, and A joint order of Ministers responsible for transport, national education and labour, respectively, sets out the list of these diplomas and titles as well as those requiring the passage of the written examination mentioned above.
"The certificate of professional capacity in road transport of persons with vehicles not exceeding nine seats, including the driver, can also be attributed by the prefect of the region to those who provide evidence that they have continuously and principally managed a public road transport company of persons for two years provided that they have not ceased this activity for more than ten years.
« VIII. ― Physical persons who have a certificate of professional capacity in road transport of persons or a certificate of professional capacity in road transport of persons with vehicles not exceeding nine places, including the driver, who have not managed a public transport company of persons in the last five years, may be subject to training by the prefect of the region in a centre authorized by the latter to update their knowledge before being able to be designated as managers.
" IX. ― Certificates of professional capacity issued prior to 4 December 2011, as proof of professional capacity under the national legislative or regulatory provisions in force until that date, are deemed to be equivalent to the certificates as set out in Annex III to Regulation (EC) No. 1071/2009 referred to above and are accepted as proof of the professional capacity of any Member States of the European Union of which they are emanating.
"Art. 8.-I. ― The company that practises or wants to practise the profession of road public carrier of persons means a natural person, the transport manager, resident in the European Union, who meets the requirements of professional honesty and capacity referred to in Articles 6 and 7 and who effectively and continuously directs its transportation activities.
"The missions entrusted to the transport manager include the management and maintenance of vehicles assigned to the company's transportation activity, the verification of contracts and transport documents, the basic accounting, the assignment of loads or services to drivers and vehicles and the verification of safety procedures.
“II. ― The transportation manager justifies a real relationship with the company by being, in particular, an employee, director or owner of the company, or by the manager, or, if the company is a natural person, being that person.
"In the case of a group of public road transport companies of persons, a natural person, employee or leader of a company of the group, may be appointed transport manager of one or more companies of the group.
"III. ― Apart from groups of public road transport companies of persons, the company that does not have a transport manager within it may designate a physical person that it empowers by contract to carry out the tasks of the transport manager on its behalf. This contract specifies the responsibilities that this person assumes in that capacity, in the interest of the contracting company and in full independence with respect to any entity for which the undertaking carries out transport.
"This person can lead to the maximum of transportation activities:
“– two public road transport companies of people;
" ― either a public road transport company of persons and a public road transport company of goods, moving or leasing industrial vehicles with driver as long as it also has the certificate of professional capacity related to the public road transport of goods.
"In either case, the cumulative number of motor vehicles from both companies is limited to twenty.
"For the purposes of the provisions of this paragraph, the enterprises taken into account are those established in any Member State of the European Union.
"IV. - A person designated as a transportation manager under the provisions of the II may not be simultaneously designated as a transport manager under the provisions of the III.
"V. ― The decision of the prefect of the region referred to in Article 6, VIII, when it applies to a transport manager, also carries out a declaration of inability to manage the transportation activities of any public road transport company.
"The declaration of incapacity has effect as long as the transport manager has not been rehabilitated under the conditions set out in VIII of Article 6.
"Art. 9.-Registration shall result in the issuance by the regional prefect of the following licences:
“(a) A community licence where the company uses one or more buses or coaches, subject to, on the one hand, not being registered under section 5 and on the other hand, for the company established in Guadeloupe, Guyana, Martinique, La Réunion or Mayotte, not having declared limiting its activity to the sole overseas community where it is established;
“(b) An Inland Transport Licence where the company uses one or more vehicles other than buses or coaches, or when it is registered under section 5, or where the company declares to limit its activity to the overseas community where it is established.
"The community or inland transport licence, established on behalf of the company, is issued for a maximum of ten years renewable and may not be subject to any transfer to a third party. It is accompanied by certified numbered copies, the number of which corresponds to the number of vehicles referred to in Article 6-1 IV.
"The original of the licence is retained in the establishment of the undertaking referred to in section 5-1. It must be returned to the regional prefect, as well as all of its certified true copies, at the end of the licence term or when the authorization to practise the profession has been suspended or withdrawn.
"Art. 10.- Companies that have an authorization to practise the profession of road public carrier of persons shall notify the prefect of the region, within twenty-eight days, of any change that may affect their situation in the light of the data referred to in Article 16, paragraph 2, of Regulation (EC) No 1071/2009 referred to above.
"Art. 10-1.-Where, for any reason, the company ceases its activity of road public transport of persons or disappears its establishment as defined in I of Article 5-1, or where it has not for at least one year disposed of certified copies of valid community licence or certified copies of valid domestic transport licences, the prefect of the region withdraws the authorization to exercise the profession of public transport
"Art. 11.-I. ― Where a company no longer meets any of the requirements for access to the profession of road public carrier of persons or where it has provided inaccurate information on these requirements, the Region Prefect shall notify the person in charge of the undertaking of the requirements to which the company no longer meets and of the measures that may be taken against the company and, after having informed of the opportunity to make an oral representation
« 1° A maximum period of nine months in case of physical incapacity or death of the transport manager;
« 2° A maximum period of six months in the event of a loss of liability of the transport manager or the company manager or when the transport manager cannot avail himself of his or her professional capacity because of a declaration of inability;
« 3° A maximum period of six months to regularize its situation with respect to the establishment requirement;
« 4° A maximum period of six months so that it demonstrates that it will be able to meet the requirement of financial capacity on a permanent basis within a reasonable period of time, set by order of the Minister for Transport, taking into account the situation of the company.
“II. ― Where the company's manager has not complied with the reinstatement at the end of either of the time limits set out in 1°, 2° or 3° of I, the region's prefect may suspend, for a maximum of six months, the authorization to practise the profession of public road carrier of persons.
"When the company's manager cannot demonstrate, after the period in which the company's authorization was suspended, that the company has regularized its situation with respect to the requirements or events mentioned in 1°, 2° or 3° of I, the region's prefect may withdraw the authorization to practise the profession.
"III. ― Where the company's manager has not complied with the time limit set out in 4° of I, the region prefect may:
« 1° When the person in charge of the company does not provide any elements, withdraw the authorization to practise the profession of road public carrier of persons;
« 2° When the company's manager provides elements related to the evolution of the financial situation of the company in relation to the requirement of financial capacity, adjust the number of certified copies of the licence held by the company or withdraw the authorization to practise the profession of road public carrier of persons if the elements provided are not likely to allow the company to meet the requirement of financial capacity.
"IV. ― The decision to suspend the authorization to practise the profession of road public carrier of persons results in the temporary withdrawal of the community licence or of the domestic transport licence referred to in section 9 and the corresponding certified copies.
"In the absence of the company's return of its transport titles within fifteen days of the receipt of the suspension decision, the prefect of the region withdrew the authorization to practise the profession of road public carrier of persons and the removal of the national electronic register of road transport companies.
"When the authorization to practise the profession given to the company has been suspended and the company resatisfies the requirements set out in sections 5-1 to 7, the regional prefect reports the decision to suspend the authorization to practise the profession of public road carrier of persons and re-establishes the company's licence and a number of certified copies of licence corresponding to the amount of its financial capacity.
"V. ― The decision to withdraw the authorization to practise the profession of road public carrier of persons results in the deletion of the company from the national electronic register of road transport undertakings and the withdrawal of the community licence or the domestic transport licence referred to in section 9 and the corresponding certified copies. »
VII. ― After Article 11, an article 11-1 is inserted as follows:
"Art. 11-1.-I. ― Orders of the Minister for Transport establish the terms and conditions for the application of sections 2,3,5,5-1,6,7,8,9 and 11.
“II. – A joint order of Ministers responsible for transport and the economy sets out the terms and conditions for the application of Article 6-1. »
VIII. ― Section 32 is replaced by the following:
"Art. 32.-The casual public road transportation services of persons are services that do not meet the definition of regular services and that have the primary characteristic of transporting constituted groups at the initiative of an order donor or carrier itself.
"They can only be executed by registered companies mentioned in section 3. »
IX. ― Section 44-1 is replaced by the following:
"Art. 44-1.-I. ― The prefect of the region in which the company has its headquarters or, for a company that does not have its headquarters in France, its principal place of business is informed of the offences committed by the company or its officers or agents:
« 1° In France, by the receipt of a copy of the constituent elements of the finding of the violation of the regulations relating to transport, working conditions and security;
« 2° Outside France, according to the procedure provided for in Article 20 of Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules for access to the international market of bus and bus transport services and amending Regulation (EC) No 561/2006.
“II. ― Based on these elements, the regional prefect may send a warning to the company's manager in the following cases:
« 1° For companies licensed to carry inland and using vehicles not exceeding nine seats, including driver, where the offence is at least a fifth class contravention, or at least the third class in the event of repeated offences;
« 2° For companies established in France, licensees of a community licence, where the offence is one of those set out in Schedule IV of the above-mentioned Regulation (EC) No 1071/2009.
"Previously to the warning, the regional prefect advises the person in charge of the undertaking to defraud the facts that are charged to him, as well as the sanction he or she faces and informs him of the possibility of presenting his or her observations, whether written or oral, within fifteen days, if any, assisted by counsel or represented by an agent of his or her choice.
"III. ― If the company re-enters one of the offences set out in the II, the Regional Prefect shall notify the person in charge of the business of failing the facts referred to it and of the sanction he or she may make and the opportunity to present his or her observations, whether written or oral, within fifteen days, if any, assisted by counsel or represented by an agent of his or her choice.
"The regional prefect may issue a temporary or final withdrawal of all or part of the certified true copies of the licence that the undertaking holds or other administrative titles of carriage.
"During the duration of the temporary withdrawal of the administrative titles of carriage, no new transport titles of any kind may be issued to the company.
"The final withdrawal decision can only take place after a first decision to temporarily withdraw administrative titles in the previous five years. It covers all of the transport titles held by the company.
"IV. ― Where the prefect finds that an offence of a criminal nature has been identified in section 6, committed after at least another offence of the same nature, the prefect may impose the immobilization of one or more vehicles of the enterprise for a period of not more than three months at the company's expense and risk. The prefect's decision specifies the location of the capital, its duration and the modalities of the control exercised by State agents.
"V. ― Decisions for withdrawal and capitalization are taken after notice of the Regional Administrative Sanctions Commission referred to in Article L. 3452-3 of the Transportation Code.
"The prefect's decision is published in two regional newspapers and is posted in the company's premises for a period that cannot exceed the duration of the withdrawal or immobility. Publication and posting fees are borne by the company. »
X. ∙ Two articles are created, 44-2 and 44-3, as follows:
"Art. 44-2.-A non-resident transport company that has committed in France, on the occasion of a cabotage transport, a serious offence to Regulation (EC) No 1073/2009 referred to above or to the Community law in the field of road transport can be prohibited from carrying cabotage on the national territory.
"The prefect of the region that pronounces the ban is that of the region in which the offence was raised. The duration of this prohibition may not exceed one year.
"The decision of the regional prefect is taken after the advice of the regional administrative sanctions commission referred to in Article L. 3452-3 of the Transportation Code.
"A company can only be banned at the same time, valid for all of France.
"Art. 44-3.-An order of the Minister for Transport sets out the terms and conditions for the application of sections 44-1 and 44-2. »
XI. ∙ Section 45 is replaced by the following:
"Art. 45.-I. ― Any vehicle carrying out a road public transport service of persons in France must be accompanied, according to the service carried out and without prejudice to the provisions corresponding to the specific regulation of certain types of transport, of the following documents:
“A. ― Administrative titles of transport:
“(a) Certified true copy of the community licence or the domestic transport licence referred to in section 9;
“(b) Where applicable, if the vehicle does not exceed nine seats, including a driver, the authorization to carry out an occasional road public transport service of persons provided for in section 33;
"(c) Where applicable, a copy of the transport authorization issued under section 31-6;
"B. ― Control documents:
“(a) The collective ticket or individual notes, the document delivered by the employer in order of mission, required for the execution of an occasional service;
“(b) A copy of the agreement with the organizing authority for regular, school or on request, or a certificate issued by that organizing authority.
“II. ― The control documents referred to in the B and the conventions with the regular, school or on-demand transport authority shall be retained by the company for a period of two years in order to be submitted to any requisition of the control officers.
"III. ― Vehicles assigned to public road transportation services collective of persons are provided with a distinctive signage defined by order of the Minister for Transport.
"This signal is affixed to the vehicle so as to be visible and allow for control by the competent authority.
"It is removed or obscured if the vehicle is used for an activity other than that of public road transport collective of persons.
"The requirement under the preceding paragraph applies to vehicles of nine or less seats.
"IV. ― An order of the Minister for Transport shall specify the conditions of application of this section. In particular, it sets out the content and model of the documents required on the vehicles mentioned in the B."
XII. – Section 46 II is replaced by the following:
“II. ― is punished by the fine provided for the contraventions of the fourth class by not placing in an apparent manner the signal on the vehicle provided for in the III of section 45, or by failing to remove it or occult it if the vehicle is used for an activity other than that of public road transport collective of persons, or not to mention the name or acronym of the public transport undertaking in an apparent place »
The above-mentioned decree of 30 August 1999 is thus amended:
I. ― Sections I "Terms and Conditions" and II "Registration" of Title I are repealed.
II. Title I includes the following articles 1 to 9-6:
"Art. 1-This Order-in-Council applies to road public transport companies of goods, moving and leasing industrial vehicles with driver for the carriage of goods, using motorized vehicles, including motor vehicles whose maximum authorized speed does not exceed 40 km/h, as well as to companies wishing to carry out these activities.
"Art. 2.-The company that wishes to practise the profession of a public road carrier of goods or of moving, or of a renter of industrial vehicles with driver for the carriage of goods, shall apply for such authorization to the prefect of the region where it has or wishes to have its seat or, for a company not having its seat in France, its principal establishment. The applicant has a period of time not exceeding three months, possibly one month in the case that the file submitted in support of the application is incomplete, to decide on the application.
"The Regional Prefect shall issue to the company an authorization to practise the profession when it meets the requirements of establishment, professional honourability, financial capacity and professional capacity set out in sections 6 to 9.
"Art. 3.-The companies established in France, authorized under Article 2 to carry on a road public transport activity of goods, moving or leasing industrial vehicles with driver for the carriage of goods are registered in the register of trade and companies or in the register of trades and registered in the national electronic register of transport companies by road.
"Art. 4.-I. ― Companies with their headquarters in France are registered in the national electronic register of road transport companies by the prefect of the region where they are located.
"The companies that do not have their headquarters in France are registered in this register by the prefect of the region where their main establishment is located. It also mentions in the register the address of the company's headquarters.
"In the cases provided for in the two preceding paragraphs, the secondary establishments of enterprises located in the national territory are mentioned in the register by the prefect of the region where the company is registered and, respectively, by each of the prefects of the regions where these establishments are located.
“II. ― For the application of Articles 16 to 18 of Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules on the conditions to be met for the occupation of carrier by road, and repealing Directive 96/26/EC of the Council, the registration in the national electronic register of transport companies by road is carried out on an electronic basis under the conditions provided by the law of 6 January 1978 referred to above.
"Art. 5.-In the case of cooperatives of road public transport companies of goods, cooperatives, as well as cooperatives, are authorized to practise the profession of road public carrier of goods in accordance with the provisions of Article 2 and are registered in the national electronic register of road transport companies. The registration of the cooperative refers to the list of companies that are members of it.
"In the event of a rental-management of a public road transport trade fund for goods, moving or leasing industrial vehicles with driver for the carriage of goods, the tenant-manager is required to apply for registration under the same conditions.
"Art. 6.-I. ― Constituent the establishment of the company the premises of its headquarters or, for a company that does not have its headquarters in France, those of its principal establishment, as well as those mentioned in the II and III.
“II. ― The establishment requirement is met by the compliance in France of all of the following conditions:
« 1° In the premises of the company's headquarters or, for a company that does not have its headquarters in France, in the premises of its principal establishment are retained, subject to the provisions of the III, the documents referred to in point a of Article 5 of Regulation (EC) No. 1071/2009 referred to above and the original of the transport licence referred to in Article 9-2 of this Decree and any other documents relating to the activity of carriage of the company;
« 2° The company has one or more registered vehicles, whether these vehicles are held in full ownership or, for example, under a rental-sale contract or a lease or lease contract;
« 3° The company effectively and continuously directs the activities related to these vehicles through the necessary administrative equipment and appropriate technical facilities.
"III. ― Where all or part of the documents referred to in 1° of II are kept in premises distinct from those of its headquarters or, for a company that does not have its headquarters in France, its principal establishment, the company shall specify to the prefect of the region in which its headquarters is located or, for a company that does not have its headquarters in France, its principal establishment shall address the premises where these documents are made available.
"IV. ― The premises of the company's headquarters or, for a company that does not have its headquarters in France, the premises of its principal establishment, as well as the premises that house its administrative facilities and those of its technical facilities are located in the national territory and their respective addresses are included in the national electronic register of road transport companies.
"V. ― For companies using only a vehicle not exceeding a maximum permissible weight of 3.5 tonnes, the technical installations mentioned in 3° of II are not required.
"Art. 7.-I. ― It must be satisfied with the requirement of professional honesty by each of the following persons:
« 1° The company, a legal entity;
« 2° The following natural persons:
“(a) The merchant, individual business leader;
“(b) Partners and managers of societies in collective name;
"(c) Managers of limited liability companies;
"(d) Sponsored partners and managers of limited companies;
“e) The President of the Board of Directors, the members of the Executive Board and the directors general of anonymous companies;
“(f) The president and executives of simplified equities;
« 3° The company's transportation manager referred to in 9-1.
“II. ― Persons mentioned in I may lose professional honesty when they are:
« 1° A number of convictions referred to in Bulletin No. 2 of the criminal record prohibiting the exercise of a commercial or industrial profession;
« 2° A number of convictions mentioned in Bulletin No. 2 of the criminal record for one of the following offences:
“(a) Offences referred to in Articles 221-6-1,222-19-1,222-20-1,222-34 to 222-42,223-1,225-4-1 to 225-4-7,314-1 to 314-4,314-7,321-6 to 321-12 and 521-1 of the Criminal Code ;
“(b) Offences referred to in Articles L. 654-4 to L. 654-15 of the Trade Code ;
"(c) Offences referred to in articles L. 5224-1 to L. 5224-4, L. 8114-1, L. 8224-1 to L. 8224-6, L. 8234-1 and L. 8234-2, L. 8243-1 and L. 8243-2, L. 8256-1 to L. 8256-8 of the Labour Code;
"(d) Offences referred to in Articles L. 221-2, L. 223-5, L. 224-16 to L. 224-18, L. 231-1, L. 233-1, L. 233-2, L. 234-1, L. 234-8, L. 235-1, L. 235-3, L. 317-1 to L. 317-4, L. 325-3-1, L. 412-1 and L. 413-1 of the Highway Code ;
“e) Offences referred to in articles L. 1252-5 to L. 1252-7, L. 3242-2 to L. 3242-5, L. 3315-4 to L. 3315-6, L. 3452-6, L. 3452-7, L. 3452-9 and L. 3452-10 of the Transport Code;
“(f) Infraction mentioned at 5° of I of Article L. 541-46 of the Environmental Code;
« 3° There are several fines for the offences covered:
" ― atarticle R. 323-1 of the road code ;
“– Articles R. 312-2 to R. 312-4 of the road code where the offences correspond to a maximum permissible load exceeding 20 per cent or more for vehicles whose authorized load is greater than 12 tons and 25 per cent or more for vehicles whose authorized load is less than 12 tons;
“– articles 22 and 23 of Decree No. 2007-1340 of 11 September 2007 amended on the initial qualification and continuing training of drivers of certain vehicles for road transport of goods or passengers;
" ― atArticle 3, paragraph III, of Decree No. 86-1130 of 17 October 1986 amended on the obligations and penalties applicable in the field of Community Social Regulation concerning Road Transport and the European Agreement concerning the Work of Crews of Vehicles carrying International Road Transport (AETR) of 1 July 1970.
"III. ― Physical persons referred to in I who wish to create a transportation activity, run a transportation business or become a transport manager do not meet the requirement of professional honesty when they have been subject to several of the convictions referred to in II.
"IV. ― Physical persons referred to in I who run a transportation business or are transport managers in a company registered in the national e-register of road transport companies, do not meet the requirement of liability for the exercise of the profession when they are the subject of a decision of the prefect of the region that has pronounced the loss of this honorability in the light of convictions for offences referred to in II.
"V. ― The Prefect of the Region shall, at his request, be informed of the convictions referred to in II by means of Bulletin No. 2 of the Judicial Record.
"VI. ― The physical persons quoted in I who have not resided in France or who have been residing in France for less than five years, demonstrate that they are satisfied in their State of habitual residence, or in the State of the previous habitual residence, on the condition of professional honesty defined by that State for the access to the profession of carrier by road, in accordance with the terms set out in Article 19 of the aforementioned Regulation (EC). This provision applies when the State of habitual residence is a party to the agreement on the European Economic Area.
« VII. ― Where the prefect in the region is informed of a criminal conviction or sanction in one or more Member States of the European Union other than France against a transport manager or a company because of one or more offences mentioned in the list set out in Schedule IV to Regulation (EC) No 1071/2009 referred to above or in the list of other serious breaches of the Community rules established by the European Commission pursuant to Article 6, paragraph 2, item (b), of the said Regulations, it initiates the administrative procedure provided for in Article VIII and to item (a)
« VIII. ― For the purposes of IV and VII, the regional prefect appreciates whether or not the loss of honorability is proportionate to the impact on the exercise of the profession after the advice of the regional administrative sanctions commission referred to in section L. 3452-3 of the Transportation Code.
"The Prefect of the Region shall notify the person concerned of the facts and of the sanction that they are subjected to. The person concerned is entitled to submit written or oral submissions within 15 days. She has access to the file and may be assisted by counsel or represented by an agent of her choice.
"At the end of this procedure, the prefect of the region can pronounce the loss of professional honesty.
"This decision sets the duration of loss of liability, which cannot exceed two years when the person has been convicted for contraventions or the duration of the violation articles 133-12 et seq. of the Criminal Code and 782 et seq. of the Code of Criminal Procedure when she was convicted of offences.
"If the prefect of the region concludes that the loss of honesty would be a disproportionate measure, he or she may decide that honesty is not questioned. In this case, the reasons behind this decision are included in the national electronic register of road transport companies.
"Art. 8.-I. ― The requirement of financial capacity referred to in Article 2 is met when the company demonstrates, in accordance with the V, that each year it has capital and reserves of at least the same amount, for vehicles not exceeding a maximum authorized weight of 3.5 tonnes, 1,800 euros for the first vehicle and 900 euros for each of the following vehicles and, for vehicles exceeding this limit, 9,000 euros for the first vehicle and 5,000 euros for the next vehicle.
“II. ― For public road transport companies of goods, moving or leasing industrial vehicles with drivers for the transport of goods established in Guadeloupe, Guyana, Martinique, La Réunion or Mayotte and who declare to limit their activity to the only community in which they are established, and subject to provisions of articles 5 and 6 of Decree No. 2011-2045 of 28 December 2011 bringing various provisions concerning access to the profession of road transport and access to the market of road transport, these amounts are 600 euros for vehicles not exceeding a maximum permissible weight of 3.5 tons and, for vehicles exceeding this limit, 6,000 euros for the first vehicle and 3,000 euros for each of the following vehicles.
"III. ― In the absence of sufficient capital and reserves, the company may present guarantees granted by one or more financial organizations that bear the firm's security for the amounts set out in I and II. However, these guarantees cannot exceed half the financial capacity required.
"The guarantee is implemented by the designated liquidator in the event of a judicial liquidation for the benefit of all creditors in proportion to their receivables.
"IV. ― For the determination of the amount of the financial capacity required shall be taken into account all vehicles used by the company for the road public transport of goods, for the removal or rental of industrial vehicles with driver for the carriage of goods.
"V. ― To certify its financial capacity, the company shall, at the time of its initial application for authorization to practise the profession of road public carrier of goods, moving, or of the rental of industrial vehicles with driver for the carriage of goods, all documents certified by an accountant, auditor of accounts or an approved management centre, justifying the mobilization of capital and reserves to the extent of the financial capacity required.
"It then addresses, each year, to the territorial service of the State of which it reports, within six months of the closing of the accounting year, the corresponding tax leash certified by an accounting expert, an auditor or an approved management centre.
"In the absence of the transmission of the tax mass within the time limits set out in the preceding paragraph, and after a stay of no effect for three months, the prefect of the region may make a decision to suspend the authorization to practise the profession of a public road carrier of goods or of moving or of a rental of industrial vehicles with a driver intended for the carriage of goods.
"Art. 9.-I. ― The requirement of professional capacity referred to in section 2 is met when the transport manager referred to in section 9-1 holds a certificate of professional capacity.
“II. ― The certificate of professional capacity is issued by the prefect of the region to persons who have completed a mandatory written examination of the materials and according to the provisions set out in Schedule I to Regulation (EC) No 1071/2009 referred to above.
"III. ― A certificate of professional capacity may also be issued by the prefect of the region to persons with a national or State degree, a university title, a certificate of study or a professional title issued in France by the higher education institutions or authorized bodies, which involve the knowledge of all the materials listed in Schedule I to the Regulation (EC) No. 1071/2009 referred to above. The list of these diplomas and titles is set by joint decree of ministers responsible for transport, higher education and work respectively.
"By derogation from the previous paragraph, persons with a degree, certificate of study or a title issued prior to the effective date of the Decree No. 2011-2045 of 28 December 2011 having various provisions relating to access to the profession of road transport and access to the market of road transport, which opened straight before the entry into force of Regulation (EC) No 1071/2009 referred to above, to the attribution, by direct equivalence, of the certificate of professional capacity, may apply this right until 31 December 2012.
"By derogation from the first paragraph of the III, persons engaged before the effective date of Decree No. 2011-2045 of 28 December 2011 having various provisions relating to access to the profession of road transport and access to the market of road transport in a training resulting in a diploma, certificate of study or a title issued between that date and 1 July 2014 and which opened, prior to the entry into force of the aforementioned Regulation (EC) No 1071/2009, to the attribution, by direct equivalence, of the certificate of professional capacity, may apply to that decision.
"IV. ― Attestation of professional capacity may also be attributed by the prefect of the region to persons who provide proof that they have continuously managed a public transport company of goods, moving or leasing industrial vehicles with driver for the carriage of goods, in one or more States belonging to the European Union during the ten years preceding 4 December 2009.
"V. ― Certificates of professional capacity, in accordance with the model of certification set out in Annex III to Regulation (EC) No. 1071/2009, issued by the competent authorities of the other Member States of the European Union are recognized as sufficient proof of professional capacity.
"VI. ― For companies using exclusively vehicles not exceeding a maximum authorized weight of 3.5 tonnes, it is satisfied with the requirement of professional capacity when the transport manager referred to in section 9-1 holds a certificate of professional capacity in light transport.
"The certificate of professional capacity in light transport is issued by the regional prefect to persons who have undergone a mandatory written examination on a knowledge repository defined by the Minister responsible for transport.
"The certificate of professional capacity in light transport may also be issued by the prefect of the region to persons with a national or state-specific diploma or a professional title issued in France by the academy rectors or authorized bodies, which involve the knowledge of all the materials listed in the knowledge repository. A joint order of Ministers responsible for transport, national education and work sets out the list of these diplomas and titles.
"By derogation from the previous paragraph, persons with a degree or title issued prior to the effective date of the Decree No. 2011-2045 of 28 December 2011 bringing various provisions relating to access to the profession of road carrier and access to the market of road transport, which, before that date, was entitled to the award of the proof of professional capacity by direct equivalence can claim this right until 31 December 2012.
"The certificate of professional capacity in light transport can also be attributed by the prefect of the region to those who provide evidence that they have continuously managed a public road freight carrier for two years provided that they have not ceased this activity for more than ten years.
"The certificate of professional capacity in light transport is not required by the person providing the permanent and effective direction of a company registered in the trade and corporate register or in the trade register on September 2, 1999.
« VII. ― Individuals who have a certificate of professional capacity or a certificate of professional capacity in light transport, who have not managed a public transport company of goods, moving or leasing industrial vehicles with driver for the carriage of goods, in the past five years, may be subject to training by the prefect in a centre authorized by the prefect to update their knowledge before being designated transport managers.
« VIII. ― Certificates of professional capacity issued prior to December 4, 2011, as proof of professional capacity under the national legislative or regulatory provisions in force until that date, are deemed to be equivalent to the certificates the model of which is set out in Schedule III of Regulation (EC) No. 1071/2009 and are accepted as proof of the professional capacity of any Member States of the European Union of which they are emanating.
"Art. 9-1.-I. ― The company that operates or wants to practise the profession of road public carrier of goods, moving or renting industrial vehicles with driver for the carriage of goods means a natural person, the transport manager, resident in the European Union, who meets the requirements of professional honesty and capacity referred to in Articles 7 and 9 and who effectively and permanently directs its transportation activities.
"The missions entrusted to the transport manager include the management and maintenance of vehicles assigned to the company's transportation activity, the verification of contracts and transport documents, the basic accounting, the assignment of loads or services to drivers and vehicles and the verification of safety procedures.
“II. ― The transportation manager justifies a real relationship with the company by being, in particular, an employee, director or owner of the company, or by the manager, or, if the company is a natural person, being that person.
"In the case of a group of public road transport companies of goods, moving or leasing industrial vehicles with driver for the carriage of goods, a natural person, employee or leader of a company of the group, may be appointed transport manager of one or more companies of the group.
"III. ― Excluding groups of public road transport companies of goods, moving or leasing industrial vehicles with driver for the carriage of goods, the undertaking that does not have within it a transport manager may designate a physical person that it empowers by contract to perform, on its behalf, the duties of transport manager. This contract specifies the responsibilities that this person assumes in that capacity, in the interest of the contracting company and in full independence with respect to any entity for which the undertaking carries out transport.
"This person can lead to the maximum of transportation activities:
“– two public road transport companies of goods, moving or leasing industrial vehicles with driver for the transport of goods;
"– a company for the public road transport of goods, moving or leasing industrial vehicles with driver for the transport of goods and a public road transport company of persons, as long as it also has the certificate of professional capacity for the public road transport of persons.
"In either case, the cumulative number of motor vehicles from both companies is limited to twenty.
"For the purposes of the provisions of this paragraph, the enterprises taken into account are those established in any Member State of the European Union.
"IV. - A person designated as a transportation manager under the provisions of the II may not be simultaneously designated as a transport manager under the provisions of the III.
"V. ― The decision of the regional prefect referred to in VIII of Article 7, when it applies to a transport manager, also carries out a declaration of inability of the latter to manage the transport and lease activities of any public road transport, moving or leasing company of industrial vehicles with driver for the carriage of goods.
"The declaration of inability produces effect as long as the transport manager has not been rehabilitated under the conditions set out in VIII of Article 7.
"Art. 9-2.-Registration of the national electronic register of road transport undertakings shall result in the issuance by the regional prefect of the following licences:
“(a) A community licence where the company uses one or more vehicles with a maximum authorized weight exceeding 3.5 tonnes, subject to the condition that, for the company established in Guadeloupe, Guyana, Martinique, La Réunion or Mayotte, not having declared to limit its activity to the sole overseas community where it is established;
“(b) An internal transport licence where the company uses one or more vehicles that do not exceed this limit or when it declares to limit its activity to the overseas community where it is established.
"The community or inland transport licence, established on behalf of the company, is issued for a maximum of ten years renewable and may not be subject to any transfer to a third party. It is accompanied by certified numbered copies, the number of which corresponds to the number of vehicles referred to in 2° of II of Article 6.
"The original of the licence is retained in the establishment of the undertaking referred to in section 6. It must be returned to the regional prefect, as well as all of its certified true copies, at the end of the licence term or when the authorization to practise the profession has been suspended or withdrawn.
"Art. 9-3.-Business that has an authorization to practise the profession of public road carrier of goods, moving or renting industrial vehicles with driver for the carriage of goods shall notify the prefect of the region, within twenty-eight days, of any change in such a way as to change their situation in respect of the data referred to in Article 16, paragraph 2, of the Regulation (EC) No. 1071/2009
"Art. 9-4.-Where, for any reason, the company ceases its activity of public road transport of goods, of moving or leasing industrial vehicles with driver for the carriage of goods or that it disappears its establishment as defined in I of Article 6, or where it no longer has for at least one year certified copies of valid community licence or certified copies of valid inland transport licences, the prefect
"Art. 9-5.-I. ― Where a company no longer meets any of the requirements for access to the profession of a highway carrier of goods or moving, or of the rental of industrial vehicles with driver for the carriage of goods referred to in section 2 or when it has provided inaccurate information relating to these requirements, the regional prefect shall notify the person in charge of the undertaking of the requirements to which the company no longer complies with any measures that may be oral
« 1° A maximum period of nine months in case of physical incapacity or death of the transport manager;
« 2° A maximum period of six months in the event of a loss of liability of the transportation manager or the company's manager, or when the transport manager cannot avail himself of his or her professional capacity because of a declaration of incapacity;
« 3° A maximum period of six months to regularize its situation with respect to the establishment requirement;
« 4° A maximum period of six months to demonstrate that the company will be able to meet the requirement of financial capacity on a permanent basis within a reasonable period of time, taking into account the company's situation.
“II. ― Where the company's manager has not complied with the reinstatement at the end of either of the time limits set out in 1°, 2° or 3° of I, the region's prefect may suspend, for a maximum of six months, the authorization to practise the profession of road public carrier of goods or moving, or the owner of industrial vehicles with driver for the carriage of goods.
"When the company's manager cannot demonstrate, after the period in which the company's authorization was suspended, that the company has regularized its situation with respect to the requirements or events mentioned in 1°, 2° or 3° of I, the region's prefect may withdraw the authorization to practise the profession.
"III. ― Where the company's manager has not complied with the time limit set out in 4° of I, the region prefect may:
« 1° When the company's manager does not provide any elements, withdraws the authorization to practise the profession of road public carrier of goods or moving, or of the leasing of industrial vehicles with driver for the carriage of goods;
« 2° When the company's manager provides elements relating to the evolution of the financial situation of the company in relation to the requirement of financial capacity, adjust the number of certified copies of the licence held by the company or withdraw the authorization to practise the profession of road public carrier of goods or moving, or the rental of industrial vehicles with driver for the carriage of goods, if the elements provided are not likely to allow the company to
"IV. ― The decision to suspend the authorization to practise the profession results in the temporary withdrawal of the community licence or the domestic licence referred to in section 9-2 and the corresponding certified copies.
"In the absence of the company's return of these documents within fifteen days of the receipt of the suspension decision, the regional prefect withdrew the authorization to practise the profession and the removal of the national electronic register of transport companies by road.
"When the authorization to practise the profession given to the company has been suspended and the company resatisfies the requirements set out in sections 6 to 9, the Regional Prefect reports the decision to suspend the authorization to practise the profession and returns the licence to the company and a number of certified copies of licences corresponding to the amount of its financial capacity.
"V. ― The decision to withdraw the authorization to practise the profession results in the delisting of the company from the national electronic register of the road transport companies and the withdrawal of the community licence or the internal transport licence referred to in section 9-2 and the corresponding certified copies.
"Art. 9-6.-I. ― Orders of the Minister for Transport establish the terms and conditions for the application of sections 2,4,6,7,9,9-1,9-2 and 9-5.
“II. – A joint order of Ministers responsible for transport and the economy sets out the terms and conditions for the application of Article 8. »
III. Sections 10.11.14 and 21 are repealed.
IV. ― Section 12 is amended as follows:
1° In a, the words: "as mentioned in Article 10" are replaced by the words: "as mentioned in Article 9-2";
2° In d, the words: "The Council regulations of 26 March 1992 and 25 October 1993 referred to as amended by Regulation (EC) No 484/2002 of the European Parliament and the Council of 1 March 2002" are replaced by the words: "the Regulation (EC) No 1072/2009 of the European Parliament and the Council of 21 October 2009 establishing common rules for access to the market of international carriage of goods by road";
3° The d is supplemented by the following two paragraphs:
"The driver's certificate is not required, however, by a driver who is granted the long-term resident status granted by a State Party to the European Economic Area Agreement pursuant to Council Directive No. 2003/109/EC of 25 November 2003 on the status of long-term resident third country nationals; in this case, the driver holds any document establishing his or her long-term resident status.
"This certificate, issued for a five-year period, is the carrier's property that makes it available to the designated driver on the certificate when the driver conducts a vehicle carrying on transport under the guise of a community licence issued to that carrier. » ;
4° In e, the words "in the last paragraph of Article 6-1 of the above-mentioned Act of 30 December 1982" are replaced by the words "in Article L. 3421-6 of the Transportation Code".
V. ― Section 15 is amended as follows:
1° In the first paragraph, the words "of the second paragraph of section 33 of the above-mentioned Act of 30 December 1982" are replaced by the words "of section L. 3224-1 of the Transportation Code";
2° The 5th is repealed.
VI. ― Section 17 is amended as follows:
1° At 4°, the words "in an incidental way" are added after the word "executed";
2° At 8°, the words: "public service. are replaced by the words: "Universal Postal Service; » ;
3° It is added a 9° as follows:
« 9° Transportation of medicines, medical equipment and other items necessary for emergency relief, particularly in the event of natural disasters. »
VII. Section 18 is replaced by the following sections 18 to 18-2:
"Art. 18.-I. ― The prefect of the region in which the company has its headquarters or, for a company that does not have its headquarters in France, its principal institution, is informed of the offences committed by the company or its officers or agents:
« 1° In France, by the receipt of a copy of the constituent elements of the finding of the violation of the regulations relating to transport, working conditions and security;
« 2° Outside France, according to the procedure provided for in Article 11 of Regulation (EC) No 1072/2009 referred to above.
“II. ― Based on these elements, the regional prefect may send a warning to the company's manager in the following cases:
« 1° For companies licensed to carry inland and using vehicles not exceeding a maximum authorized weight of 3.5 tonnes, where the offence is at least a 5th class contravention, or at least the 3rd class in case of repeated offences;
« 2° For companies established in France, licensees of a community licence, where the offence is one of those set out in Schedule IV of the above-mentioned Regulation (EC) No 1071/2009.
"Previously to the warning, the regional prefect advises the person in charge of the undertaking to defraud the facts that are charged to him, as well as the sanction he or she faces and informs him of the possibility of presenting his or her observations, whether written or oral, within fifteen days, if any, assisted by counsel or represented by an agent of his or her choice.
"III. ― If the company re-enters one of the offences set out in the II, the Regional Prefect shall notify the person in charge of the business of failing the facts referred to it and of the sanction he or she may make and the opportunity to present his or her observations, whether written or oral, within fifteen days, if any, assisted by counsel or represented by an agent of his or her choice.
"The regional prefect may issue a temporary or final withdrawal of all or part of the certified true copies of the licence that the undertaking holds or other administrative titles of carriage.
"During the duration of the temporary withdrawal of the administrative titles of carriage, no new transport titles of any kind may be issued to the company.
"The final withdrawal decision can only take place after a first decision to temporarily withdraw administrative titles in the previous five years. It covers all of the transport titles held by the company.
"IV. ― Where the prefect finds that an offence of a criminal nature has been identified as one of the offences referred to in section 7, committed after at least another offence of the same nature, the prefect may impose the immobilization of one or more vehicles of the undertaking for a period of not more than three months at the company's expense. The prefect's decision specifies the location of the capital, its duration and the modalities of the control exercised by State agents.
"V. ― Decisions for withdrawal and capitalization are taken after notice of the Regional Administrative Sanctions Commission referred to in Article L. 3452-3 of the Transportation Code.
"The prefect's decision is published in two regional newspapers and is posted in the company's premises for a period that cannot exceed the duration of the withdrawal or immobility. Publication and posting fees are borne by the company.
"VI. ― IV and V shall apply, in addition to the enterprises referred to in Article 1, to the enterprises whose transport is incidental to their activity.
"Art. 18-1.-A non-resident transport company that has committed in France, on the occasion of a cabotage transport, a serious offence to Regulation (EC) No 1072/2009 referred to above or to the Community law in the field of road transport, may be prohibited from carrying cabotage on the national territory.
"The prefect of the region that pronounces the ban is that of the region in which the offence was raised. The duration of this prohibition may not exceed one year.
"The decision of the regional prefect is taken after the advice of the regional administrative sanctions commission referred to in Article L. 3452-3 of the Transportation Code.
"A company can only be banned at the same time, valid for all of France.
"Art. 18-2.-An order of the Minister for Transport sets out the terms and conditions for the application of sections 18 and 18-1. »
VIII. ― In I of section 19, the number "7" is replaced by the number "9-3".
The above-mentioned decree of 6 March 1979 is thus amended:
I. ― Section 2 is amended as follows:
1° At 1°, the words: "at paragraph 1 of Article 2 of Regulation (EEC) No 684/92 of the Council of 16 March 1992 establishing common rules for the international transport of passengers by coaches and buses" are replaced by the words: "at 2 of Article 2 of Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules for the carriage of services to the international market
2° At 2°, the words "at 3-1 of Article 2 of Council Regulation (EEC) No 684/92 of 16 March 1992" are replaced by the words "at 4 of Article 2 of Regulation (EC) No 1073/2009 referred to above."
II. ― Article 3 is thus written:
"Art. 3.- Subject to the provisions of Articles 5,6 and 8, international passenger transport is subject to prior authorization when it is provided by French or foreign companies by means of vehicles capable of carrying more than nine seated persons, including the driver. »
III. ― Section 4 is reinstated in the following wording:
“Art. 4.-a) Regular international passenger transport services between Member States of the European Economic Area and the Swiss Confederation are subject to prior authorization from the issuing authority as defined in Article 6.1 of Regulation (EC) No 1073/2009 referred to above;
“(b) Other regular international passenger transport services are subject to authorizations from the competent authorities of each of the States concerned by transport. »
IV. ― The first sentence of Article 5 is supplemented by the following provisions: "for which an authorization is issued under the conditions set out in Article 4".
V. ― In Article 6, the words "by exploited vehicles" are deleted and the words "of the European Economic Community" are replaced by the words "of the European Economic Area".
VI. ― Section 7 is amended as follows:
1° In the first paragraph, the words: "of the European Economic Community" are replaced by the words: "of the European Union" and the words: "of a declaration prepared by a carrier" are replaced by the words: "of a flight document provided for in the agreements with non-member States of the European Union, supplemented by the carrier";
2° In the second paragraph, the words "of this statement" are replaced by the words "of this document".
VII. ― Section 8 is read as follows:
"Art. 8.-For France, the issuing authority referred to in Article 4 a or the competent authority referred to in Article 4 b is the Minister responsible for transport or an authorized body for that purpose, with the exception of services limited to a border department and to the neighbouring State for which the issuing authority referred to in Article 4 a is the representative of the State in the region concerned. »
VIII. ― Article 9 is thus written:
"Art. 9.-Any coach or bus carrying international road transport of persons shall be accompanied, according to the service carried out and without prejudice to the provisions corresponding to the specific regulation of certain types of transport, of the following documents:
“A. ― Administrative titles of transport:
“(a) Certified true copy of the Community licence for enterprises established in a State Party to the Agreement on the European Economic Area pursuant to Article 4 of Regulation (EC) No 1073/2009 referred to above;
“(b) The certified true copy of the transport licence issued by the Swiss authorities pursuant to Article 17 of the agreement of 21 June 1999 between the European Community and the Swiss Confederation or by the authorities of the States parties to the Interbus agreement approved by Council decision of 3 October 2002;
"(c) A true copy or an original of the transport authorization issued pursuant to Articles 4 and 8, according to the regulations applicable in the European Union or according to the agreements with the non-member States of the European Union;
"(d) The transport certificate for own account pursuant to Article 5 of Regulation (EC) No 1073/2009 referred to above;
"B. ― Control documents:
“(a) The flight document required by community regulations or international agreements for international occasional transport;
“(b) The first vehicle registration certificate required by the Interbus agreement for occasional transport;
"(c) The title of carriage, individual or collective, provided for in paragraph 1 of Article 18 of Regulation (EC) No 1073/2009 referred to above. »
IX. ― At the last sentence of Article 11, the words: "of the declaration referred to" are replaced by the words: "of the instrument document referred to in Article 7".
The above-mentioned decree of 7 April 1987 is amended:
I. ― In Article 2, the words: "ofArticle 40 of Act No. 73-1193 of 27 December 1973 are replaced by the words: "of theArticle L. 121-35 of the Consumer Code "
II. ― Article 3 is thus written:
"Art. 3.-Private services are carried out either with vehicles belonging to the organizer or with vehicles taken by him for rent without driver. The provision of vehicles with drivers can only be made by a company registered in the national electronic register of road transport companies.
"The transport referred to in Article 2 is carried out free of charge. »
III. – Section 4 is repealed.
I. ― For enterprises established in Martinique, the amount taken into account for the calculation of the financial capacity payable by road transport companies of persons and goods active on the date of entry into force of this decree and who have declared limiting their activity to that department is fixed to:
1° For road transport of persons:
(a) 600 euros per vehicle not exceeding nine seats, including driver;
(b) 1000 euros per vehicle of an capacity, including driver, greater than nine seats and not exceeding fourteen seats;
(c) Euro6,000 for the first vehicle and Euro3,000 for each of the following vehicles, for vehicles exceeding 14 seats, including driver;
2° For road transport of goods:
(a) 600 euros per vehicle not exceeding a maximum permissible weight of 3.5 tonnes;
(b) 1,000 euros per vehicle with a maximum permissible weight greater than 3.5 tonnes and not exceeding 7.5 tonnes;
(c) Euro6,000 for the first vehicle and Euro3,000 for each of the following vehicles, for vehicles exceeding a maximum permissible weight of 7.5 tons.
II. ― The I provisions cease to apply as of December 4, 2016.
III. ― Occupational capacity can be recognized by the prefect of the Martinique region to persons in a position to assert, before 4 December 2014, the validation of the gains of their professional experience in the management, in Martinique, in the field of public road transport of persons or goods during the five years preceding the date of entry into force of this decree.
IV. ∙ An order of the prefect of the Martinique region sets out the terms and conditions for the application of this article.
For the application to Mayotte of the provisions of the aforementioned decrees of 16 August 1985 and 30 August 1999 as amended by this decree, the activity of the road transport companies established therein, and whose activity is limited to that department, is governed, until 4 December 2016, by the provisions of I and II.
I. ― Companies established in Mayotte are deemed to meet the requirement of professional capacity as long as their transport manager is or will hold an appropriate professional capacity certificate issued under the conditions set out in the VI Order.
Appropriate professional capacity can also be recognized by the prefect of Mayotte to persons in a position to assert, before 4 December 2014, the validation of their professional experience in the field of the management of public road transport in this department during the three years preceding the date of entry into force of this decree.
II. ― Companies established in Mayotte are deemed to meet the financial capacity requirement under the following conditions:
1° For road transport of persons:
(a) 600 euros per vehicle not exceeding nine seats, including driver;
(b) 1000 euros per vehicle of an capacity, including driver, greater than nine seats and not exceeding fourteen seats;
(c) Euro6,000 for the first vehicle and Euro3,000 for each of the following vehicles, for vehicles exceeding 14 seats, including driver;
2° For road transport of goods:
(a) 600 euros per vehicle not exceeding a maximum permissible weight of 3.5 tonnes;
(b) 1,000 euros per vehicle with a maximum permissible weight greater than 3.5 tonnes and not exceeding 7.5 tonnes;
(c) Euro6,000 for the first vehicle and Euro3,000 for each of the following vehicles, for vehicles exceeding a maximum permissible weight of 7.5 tons.
III. ― Companies that benefit from the provisions set out in I and II may obtain exclusively a limited domestic transport licence in Mayotte, subject to the requirements of establishment and professional honesty mentioned in Articles 5-1 and 6 of the above-mentioned Decree of 16 August 1985 and Articles 6 and 7 of the Decree of 30 August 1999 referred to in their drafting by this Order.
IV. ― Companies established in Mayotte have until December 4, 2014 to comply with the provisions of this Order.
V. ― Effective December 4, 2016, companies that report limiting their activity to Mayotte:
1° Continue to benefit from the professional capacity that has been recognized to them under the conditions of I;
2° Benefit from a period of two years to justify the financial capacity applicable to overseas departments under the conditions laid down in Articles 6-1 of the above-mentioned Decree of 16 August 1985 and 8 of the decree of 30 August 1999 referred to in their drafting by this decree.
VI. ∙ An order of the Minister for Transport sets out the terms and conditions for the application of paragraphs I to V of this section.
VII. ― The above-mentioned decree of August 16, 1985 is supplemented by an article 49-1 as follows:
"Art. 49-1. - For the application to Mayotte of this decree and subject to provisions of Article 6 of Decree No. 2011-2045 of 28 December 2011 bringing various provisions concerning access to the profession of road transport and access to the market of road transport:
1° The provisions of articles 9, 10-1, 11, 31-5, 44-1 and 45 referring to the community transport licence are not applicable;
2° The provisions of articles 1 and 5 relating to taxis are not applicable;
3° In articles 2, 6, 7, 8, 9, 10, 11 and 44-1, the words "prefect of the region" are replaced by the words "prefect of Mayotte";
4° In Article 3, the words "of the region" and "areas" are replaced by the words "of the community" or "communities" respectively;
5° The c of 2° of II of Article 6 is not applicable;
6° Articles 29 and 30 are not applicable;
7° Section 31 is subject to the following modifications:
(a) The words: "At the request of the regions, departments and departments" are replaced by the words: "At the request of the department of Mayotte or its";
(b) The words: "areas or departments" are replaced by the words: "from the department of Mayotte";
(c) The words: "In overseas regions" are replaced by the words: "A Mayotte";
8° In article 44, the words "in the region and department" are replaced by the words "in Mayotte";
9° In article 44-1, the words "two regional newspapers" are replaced by the words "two newspapers published in Mayotte".
VIII. ― The above-mentioned decree of 30 August 1999 is supplemented by an article 22-1, as follows:
"Art. 22-1. - For the application to Mayotte of this decree and subject to provisions of Article 6 of Decree No. 2011-2045 of 28 December 2011 bringing various provisions concerning access to the profession of road transport and access to the market of road transport:
1° The provisions of articles 9, 9-2, 9-4, 9-5, 12, 13 and 18 referring to the community transport licence are not applicable;
2° In articles 2, 8, 9 and 18, the words "prefect de région" are replaced by the words "prefect de Mayotte";
3° Section 4 I is replaced by the following provisions:
"I. ― Companies with their headquarters in Mayotte are registered in the national electronic register of road transport companies by the prefect of Mayotte.
"The companies that do not have their headquarters in France and have a main establishment in Mayotte are registered in this register by the prefect of Mayotte. It also mentions in the register the address of the company's headquarters.
"In the cases provided for in the two preceding paragraphs, the secondary establishments of enterprises located in the national territory are mentioned in the register by the prefect of Mayotte and, respectively, by each of the prefects of the regions where these establishments are located. » ;
4° In Article 7, the c of 2° of II is thus written:
"(c) Offences referred to in articles L. 124-1, L. 124-3, L. 312-1, L. 312-2, L. 330-5 and L. 630-1 of the Labour Code applicable to Mayotte; » ;
5° In Article 18, the words "two regional newspapers" are replaced by the words "two newspapers published in Mayotte".
The provisions of this decree are not applicable to Saint-Pierre-et-Miquelon.
Community licences and inland transport licences issued to companies prior to the date of publication of this Order remain valid until their expiry date.
Companies registered in the national electronic register of road transport companies on the date of entry into force of this decree shall be granted, as the case may be, an authorization to practise the profession of road public carrier of goods, moving or renting industrial vehicles with drivers intended for the carriage of goods, or an authorization to practise the profession of road public carrier of persons, as long as they meet the requirements laid down by the decree of August 16, 1985 referred to above
The Minister of Ecology, Sustainable Development, Transport and Housing, the Minister of Justice and Freedoms, the Minister of Interior, Overseas, Local Authorities and Immigration, the Minister of Economy, Finance and Industry, the Minister of Labour, Employment and Health, the Minister of National Education, Youth and Life
Done on 28 December 2011.
François Fillon
By the Prime Minister:
Minister to the Minister of Ecology,
Sustainable Development,
Transport and housing,
Transport Officer
Thierry Mariani
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
The guard of the seals,
Minister of Justice and Freedoms,
Michel Mercier
The Minister of the Interior,
of the Overseas, territorial authorities
and immigration,
Claude Guéant
Minister of Economy,
finance and industry,
François Baroin
The Minister of Labour,
employment and health,
Xavier Bertrand
Minister of National Education,
youth and associative life,
Luc Chatel
Minister of Higher Education
and research,
Laurent Wauquiez
The Minister to the Minister of Interior,
of the Overseas, territorial authorities
and immigration, in charge of the overseas,
Marie-Luce Penchard
