Key Benefits:
Publics concerned: road transport companies of persons and goods, including moving, and rental of industrial vehicles with driver for the transport of goods.
Purpose: Implement at the national level provisions relating to access to the road carrier profession and to the international transport market contained in regulations (EC) No 1071/2009, 1072/2009 and 1073/2009 of the European Parliament and the Council of October 21, 2009, in particular with regard to administrative sanctions and conditions for loss of liability of the company or its manager.
Entry into force: the text comes into force on the day after its publication.
Notice: the order specifies the provisions contained in the order Decree No. 2011-2045 of 28 December 2011 bringing various provisions relating to access to the profession of road transport and access to the market of road transport, with regard to administrative sanctions that may be imposed on companies and their managers for serious offences under the requirements of the European regulations constituting the "road package".
References: This Order is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Minister to the Minister of Ecology, Sustainable Development, Transport and Housing, responsible for transportation,
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 met for the occupation of road carrier and repealing Council Directive 96/26/EC, including Article 6;
Having regard to 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, including Articles 12 to 14 and 16;
Having regard to 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 particular Articles 21 to 24 and 27;
Considering the transport code, including its articles L. 3113-1 L. 3113-2, L. 3211-1, L. 3211-2 and L. 3452-1 to L. 3452-5-2;
Vu le Decree No. 84-139 of 24 February 1984 amended on the National Transport Council, Regional Transport Committees and Regional Administrative Sanctions Commissions, including articles 31 to 36;
Vu le Decree No. 85-891 of 16 August 1985 amended on urban passenger transport and non-urban road transport of persons, including articles 6, 8, 44-1 and 44-2;
Vu le Decree No. 99-752 of 30 August 1999 amended on road transport of goods, including articles 7, 9-1, 18 and 18-1;
In view of the Commissioner for Simplification of December 14, 2011;
In the opinion of the Standards Assessment Advisory Board of 15 December 2011,
Stop it!
Pursuant to Articles 12 of Regulation (EC) No 1072/2009 referred to above, 22 of Regulation (EC) No 1073/2009 referred to above, 44-1 of decree of 16 August 1985 referred to above and 18 of the decree of 30 August 1999 referred to abovewhere the company again commits the offences set out in II of the above-mentioned articles of these decrees after the warning to it by the prefect of the region, the prefect may issue the temporary or final withdrawal of the administrative titles it holds, after the advice of the regional administrative sanctions commission.
The commission's referral file includes a report setting out the list of elements of the offences identified against the company, the penalty incurred, the temporary or final withdrawal of all or part of the company's administrative titles, its character adapted to the company's behaviour and its duration.
The Commission shall issue a notice under the conditions provided for in Article 5 of this Order.
The decision of the Prefect of the Region shall be taken in accordance with Article 6 of this Order.
Implementation IV and V of Article 44-1 of the Decree of 16 August 1985 referred to above and IV and V of Article 18 of the Decree of 30 August 1999 referred to above, the prefect in the region may impose the immobilization of one or more of the vehicles of a company, after the advice of the Regional Administrative Sanctions Commission, when it finds that an offence of a criminal nature included among those mentioned in the Regional Administrative Sanctions Commission II of Article 6 of the Decree of 16 August 1985 referred to above and II of Article 7 of the Decree of 30 August 1999 referred to above was committed after at least one other offence of a criminal nature.
These provisions apply to road public transport companies of persons or goods, as well as to companies that are incidentally engaged in the road transport of goods and are required to be registered in the trade register and companies or in the trade register.
The commission's referral file includes a report setting out the list of the constituent elements of the offences against the company and the penalties incurred, the immobilization of one or more of the company's vehicles, its suitability with respect to the company's behaviour and its duration.
The Commission shall issue a notice under the conditions provided for in Article 5 of this Order.
The decision of the Prefect of the Region shall be taken in accordance with Article 6 of this Order.
With respect to road public transport companies of persons or goods, the procedure for the immobilization of vehicles may be carried out in conjunction with that provided for in Article 1 of this Order for the withdrawal of administrative titles of carriage.
Pursuant to Article 6 of Regulation (EC) No 1071/2009 referred to and articles 6 of the decree of 16 August 1985 referred to above and 7 of the decree of 30 August 1999 referred to above, the regional prefect may, after the advice of the Regional Administrative Sanctions Commission, pronounce the loss of professional honesty of a company or of one of the persons mentioned in I of these articles.
The commission's referral file includes a report setting out the list of convictions against the company or the person in question, the penalty incurred, loss of professional honesty, proportionateness and duration.
The Commission shall issue a notice under the conditions provided for in Article 5 of this Order.
The decision of the Prefect of the Region shall be taken in accordance with Article 6 of this Order.
Pursuant to Articles 13 of Regulation (EC) No 1072/2009 referred to above, 23 of Regulation (EC) No 1073/2009 referred to above, 44-2 of decree of 16 August 1985 referred to above and 18-1 decree of 30 August 1999 referred to above, the prefect of the region concerned may, after the opinion of the Regional Administrative Sanctions Commission, prohibit an unestablished company in France from carrying out inland transport, known as "cabotage".
The commission's referral file includes a report setting out the list of offences against the company, the sanction involved, the prohibition of cabotage, its character adapted to the company's behaviour and its duration.
The Commission shall issue a notice under the conditions provided for in Article 5 of this Order.
The decision of the Prefect of the Region shall be taken in accordance with Article 6 of this Order.
The person or representative of the business whose case is on the agenda of the Regional Administrative Sanctions Commission shall be notified of the meeting at least three weeks in advance by letter informing them of the sanction.
The person, the representative of the company or their agent must be provided with written comments and, where appropriate, oral comments on the record upon request. They may be assisted or represented by any person to whom they have given a regular mandate.
Each of the training courses of the Regional Administrative Sanctions Commission, training for the transport of persons or training in the transport of goods, examines the elements provided to it, hears the arguments in defence of the company and issues a notice on the sanctions or sanctions envisaged, withdrawal of administrative titles of transport, immobilization of one or more vehicles, loss of professional honesty, prohibition of coasting, their appropriateness and duration.
The Chair of the Regional Administrative Sanctions Commission, according to the training concerned, forwards the reasoned opinion of the commission to the prefect of the region within two months of the referral of the commission.
I. ― The regional prefect shall, as the case may be, give the temporary or final withdrawal of all or part of the administrative titles of carriage held by the company, the immobilization of one or more of its vehicles, the loss of the professional honesty of the company or the person in question or the prohibition of cabotage, by motivating its decision and indicating its duration.
II. ― With respect to the loss of professional honesty of the transport manager, the decision of the region prefect indicates that it temporarily carries out a declaration of inability to manage the transportation, moving or leasing activities of vehicles with driver of any public road transport undertaking, pursuant to V of Article 8 of the decree of 16 August 1985 referred to above and the V of Article 9-1 of the aforementioned Decree of 30 August 1999.
The decision specifies the beginning and end of this inability.
III. ― Concerning the ban on cabotage, the decision of the prefect of the region is transmitted electronically to all prefects of the region (regional environmental, development and housing, regional and interdepartmental direction of the environment and the development of Ile-de-France, departmental directorates of the environment and overseas development).
Each prefect in the region is responsible for the application of the decision of a prefect in the region pronouncing the ban on cabotage in France of a non-resident company.
IV. ― The decision of the prefect of the region shall be notified to the company or to the person who has been the subject of the proceedings by indicating the graceful and contentious remedies.
In accordance with Article L. 3452-4 of the Transportation Code, it is published in the premises of the sanctioned company, as soon as it is established in France, and by press.
It is also mentioned in the national electronic register of road transport companies provided for in articles 3 of the decrees of the 16 August 1985 and 30 August 1999 above.
A copy is forwarded to the Chair of the Regional Administrative Sanctions Commission.
The Director of Transport Services is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 28 December 2011.
For the Minister and by delegation:
The Director of Transport Services,
T. Guimbaud
