Key Benefits:
Audiences concerned: road transport companies of persons and goods, including moving, and renters of industrial vehicles with driver for the transport of goods.
Purpose: Implement at the national level the provisions on access to the road carrier profession contained in Regulation (EC) No 1071/2009 of the European Parliament and of the Council of October 21, 2009, in particular with regard to the designation of the company 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 having various provisions relating to access to the profession of road carrier and access to the market of road transport, in accordance with the terms and conditions of designation of the company manager.
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 8;
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. 85-891 of 16 August 1985 amended on urban passenger transport and non-urban road transport of persons, including articles 3 and 8;
Vu le Decree No. 99-752 of 30 August 1999 amended on road transport of goods, including articles 3 and 9-1;
Vu le 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, including Article 8;
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 8 of the Decree of 16 August 1985 and 9-1 of the above-mentioned Decree of 30 August 1999, the legal officer of the road transport company designates, by means of the CERFA Form No. 14557, a natural person who, as a transport manager, meets the requirements of professional capacity and honesty and effectively and permanently directs the activities of the transport, moving or leasing of industrial vehicles with driver for the transport of goods, of the
The person who is a transport manager is mentioned in the national electronic register of road transport companies provided for in section 3 of the decrees of the 16 August 1985 and 30 August 1999 Severe.
The missions entrusted to the transport manager are specified using this form. They shall include at least those provided for in I of Article 8 of the Decree of 16 August 1985 referred to above and I of Article 9-1 of the aforementioned Decree of 30 August.
I. ― Without prejudice to section 3 of this Order, the functions of transport manager shall be performed under the following conditions:
(a) In an individual company, the head of business assumes such functions.
However, where the company has a family character and uses a maximum of five vehicles, the functions of a transport manager may also be performed, including part-time, by the business owner's spouse, by a person who has a PACS with the company or by a person who has a direct relationship with the company.
(b) An employee may assume the duties of a transport manager if he or she holds, by virtue of his or her employment contract, the authorizations of authority and signature thereof and is employed at the level of supervision, by receiving a corresponding remuneration, as provided for in the collective agreement on transport.
(c) Subject to the existing legislative and regulatory provisions concerning the conditions of remuneration of the social agent, the transport manager who is not an employee of the undertaking shall exercise that function in an expensive capacity and shall, by default, have the authority to engage the undertaking or, has received a delegation for that purpose, limited, if any, to the missions referred to in the last paragraph of Article 1 of this Order. This delegation must have been accepted by the company's legislative bodies.
II. ― In the case of a group of transport companies with subsidiaries within the meaning of theArticle L. 233-1 of the Commercial Code, each of its transport managers is designated as such by so many contracts between the company that employs it and each of the subsidiaries in which it operates. These contracts are attached to the application file for authorization to practise the profession provided by the CERFA Form No. 14557 that each company of the group, mother-house and subsidiaries, must complete.
Each of the transport managers of the group of companies must be able to fully assume the permanent and effective direction of the transport, moving or leasing activity of industrial vehicles with driver for the carriage of goods, of each subsidiary in which it operates.
Implementation III of Article 8 of the Decree of 16 August 1985 referred to above and the third of Article 9-1 of the above-mentioned Decree of 30 August 1999, the legal officer of the company, who authorizes by contract a natural person to carry out the tasks entrusted to the transport manager, joins this contract to form CERFA n° 14557.
The transport manager resides in the European Union.
Each company provides all the elements relating to its organization and the computer tools available to it that allow the territorial service of the State to which it reports for its registration in the national electronic register of the transport companies by road, to verify that the transport manager that it has designated, in particular in respect of its place of residence, has the means to intervene at any time and to ensure truly and permanently the tasks provided for in Article 1st, despite its possible removal. These elements are specified using the CERFA form n° 14557.
Pursuant to Article 8, paragraph 6, of Regulation (EC) No. 1071/2009 referred to above, of VIII of Article 7 of the Decree of 16 August 1985 referred to above and VII of Article 9 of the Decree of 30 August 1999 referred to above, before being designated as a transport manager, a person who has not taken part in the direction of the transportation activity of a company entering the field of these orders may be subject, by the prefect of the region, to undergo training in a registered centre to update his or her knowledge.
These provisions are submitted to natural persons with a certificate of professional capacity that has been issued for more than five years and who cannot demonstrate, using any business document, that they have had permanent and effective liability functions over the past five years in the management of the transport, moving or leasing activity of vehicles with driver for the carriage of goods of a company.
The duration of the training is 35 hours.
The training covers all of the material listed in a specific list that is the subject of a decision by the Director of Road Transport published in the Official Bulletin of the Ministry of Ecology, Sustainable Development, Transport and Housing.
In enterprises registered in the national electronic register of road transport companies on the date of publication of the Decree of 28 December 2011, the person, holder of the certificate or proof of professional capacity and carrying on that date the functions of permanent and effective direction of the activity of transport, moving or leasing industrial vehicles with driver for the carriage of goods, of the company, is considered to be transport manager according to the I of Article 8 of the Decree of 16 August 1985 referred to above and Article 9-1 of the above-mentioned Decree of 30 August 1999. It is referred, as a transport manager, to the national electronic register of road transport companies, in accordance with the second paragraph of section 1 of this Order.
The employment contract or social mandate of the person must be adapted by the company to the definition of his or her duties in the second paragraph of the I of the decree articles mentioned in the preceding paragraph, within a maximum period of six months from the date of publication of the Decree of 28 December 2011.
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
