Regulation on the international carriage of goods by road and cabotage transport (GüKGrKabotageV)

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GüKGrKabotageV

Date of completion: 28.12.2011

Full quote:

" Regulation on the international carriage of goods by road and cabotage of 28 December 2011 (BGBl. 2012 I p. 42), as defined by Article 3 of the Regulation of 9 March 2015 (BGBl. 243) has been amended "

Status:

Amended by Art. 3 V v. 9.3.2015 I 243

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 5.1.2012 + + +) 

  

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Input formula

On the basis of § 3 (6), § 17a and 23 (3) and (5) of the Act on the Law of the Road Transport of 22 June 1998 (BGBl. 1485), of which Article 3 (6) is replaced by Article 1 (4) (e) of the Law of 22 November 2011 (BGBl). 2272), § 17a by Article 1 (19) of the Law of 22 November 2011 (BGBl). 2272) and Article 23 (3) by Article 1 (24) (b) of the Law of 22 November 2011 (BGBl). 2272), the Federal Ministry for Transport, Building and Urban Development has been ordering:

Section 1
Carriage of goods by road with Community licences

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§ 1 Granting and withdrawal of the Community licence

(1) For the Community licence within the meaning of Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 June 2009, October 2009 on common rules for access to the international road haulage market (OJ L 327, 22.12.2009, p. 72) shall apply in accordance with the following provisions of the Act on the Law of the Road Transport of Road Transport:

1.

§ 3 (3) and (5),

2.

§ 3 (5a) and (5b),

3.

§ 4 (information to the professional association), if the contractor is not granted a permit pursuant to § 3 of the German Road Transport Act,

4.

Section 8 (provisional continuation of road haulage operations) and

5.

§ 21a (supervision).

Section 10 of the Professional Access Regulation for the carriage of goods by road of 21 December 2011 (BGBl. (2) The Community licence and the certified copies shall be issued in accordance with the model of Annex II to Regulation (EC) No 1072/2009. They contain a serial number and an expenditure number and are stamped with a dry embossing stamp. Unofficial table of contents

§ 2 Change communication and change of the original customer

Where, after the grant of the Community licence, one of the provisions referred to in Article 16 (2) (a) to (d) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 December 2009 changes, October 2009 laying down common rules for the authorisation of the occupation of road transport operator and repealing Directive 96 /26/EC (OJ L 327, 28.12.1996, p. 51), a person authorised to represent him or the competent local court, if the undertaking is registered in the register of trade or cooperatives, the trader shall do so according to the law of the country. to inform the competent authority without delay and to demonstrate on request. If, in the opinion of the competent authority under national law, a change in the licence certificate is required, the company shall submit the licence certificate and its certified copies without delay. Unofficial table of contents

§ 3 responsibilities of the Federal Office of Goods Transport (Bundesamt)

The Federal Office of Goods Transport (Bundesamt) is responsible for the sub-directions referred to in Article 17 (1) and (2) and the measures provided for in Article 13 (2) of Regulation (EC) No 1072/2009.

Section 2
Cross-border road haulage with CEMT permits and CEMT retreat permits

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§ 4 Scope, issue and withdrawal of the CEMT approval

(1) The CEMT approval following the resolution of the Council of Ministers of the European Conference of Transport Ministers (CEMT) on the entry into force of a multilateral contingent in international road freight transport of 14 June 1973 (BGBl. 298), as amended, is granted to an entreptier with the head office of the undertaking in Germany, who shall:

1.

A holder of a licence within the meaning of Section 3 of the Act on the carriage of goods by road or by a Community licence within the meaning of Article 4 of Regulation (EC) No 1072/2009, and

2.

the conditions are met to ensure that the authorisation is sufficiently used.

The CEMT approval is granted with a validity of one calendar year (annual approval) or with a validity of 30 days (short-term approval). Annual permits issued in the current calendar year shall be valid from the date of the exhibition until the end of the calendar year in which the grant is issued. (2) The Federal Office shall be responsible for the grant of the grant. The application shall be made in writing to 1. In October of the application year, the branch office of the Federal Office in whose district the entrepellant has the registered office of his company shall be put in place. The applicant shall attach a copy of the permit or Community licence to his application. The further details of the grant procedure (public tender procedure), in particular on the conditions for sufficient use of the permit, are governed by a directive which the Federal Ministry of Transport and Tourism Infrastructure in consultation with the top transport authorities of the countries. If there are compelling operational or personal interests of an applicant, for example in the case of an inheritance or if a company or a self-employed, border-able part of the company is to be continued, then in individual cases a public (3) The CEMT approval shall be issued on the name of the entrepre and shall not be transferable. It replaces the permit required by § 3 of the German Road Transport Act on the part of the route in Germany. (4) The CEMT approval can be granted under conditions, conditions or with traffic restrictions. (5) For the CEMT approval The following provisions of the Road Transport Act shall apply in accordance with:

1.

Section 3 (2) (requirements for conditions of access to the profession),

2.

Section 3 (5) (withdrawal and revocation of the licence) and

3.

Section 8 (provisional continuation of road haulage operations).

(6) The CEMT authorisation may also be revoked if:

1.

it has not been used for three months, or

2.

the trader has repeatedly failed to comply with any of the secondary provisions or conditions of use of the CEMT authorisation.

In the case of the first sentence of sentence 1, a CEMT authorisation may not be granted before the expiry of two quota years following the year in which the revocation order has become indisputable. Unofficial table of contents

§ 5 Travel Report

(1) For each CEMT approval, the entrepre shall have a travel booklet in accordance with the provisions of Chapter 5 of the Resolution of the Council of Ministers of the European Conference of Transport Ministers (CEMT) on the Guide to Government Officials and Carrier for the use of the Multilateral CEMT contingent (BGBl. 297, 298), as amended, in the current version. This shall be carried out in chronological order of the entries for each carriage and for any empty voyage. The travel information booklet is issued by the Federal Office. (2) The entreptite has

1.

Annual authorisations shall cover the copies of the completed pages of the travel report within four weeks after the end of each calendar month and the travel booklet within two weeks after the expiry of the validity period,

2.

Short-term permits immediately after expiry of the period of validity of the travel report

to submit to the Federal Office. If no carriage has been carried out under the CEMT authorization in one calendar month, the trader shall, within the period referred to in the first sentence, be obliged to report misstatements. Unofficial table of contents

§ 6 Change of the certificate

If the name of the entrepre or the registered office of the company changes, the trader shall submit the CEMT approval and the travel report booklet required pursuant to section 5 (1) without delay to the Federal Office for the purpose of amending it. If the company is finally in operation, it shall immediately return the two documents to the Federal Office. Unofficial table of contents

§ 7 CEMT-relocation authorisation

(1) The CEMT transfer authorisation within the meaning of Chapter III, Section 3.4, of the General Resolution of the Council of Ministers of the European Conference of Transport Ministers (CEMT) on the road transport sector of 27 May 1994 (BGBl. 32) is granted to an entrepre who satisfies the conditions laid down in Article 4 (1), first sentence, point 1. It shall apply for a period of five years. The competent department is the Federal Office. The trader must attach a copy of the licence or a Community licence to his application. (2) The CEMT transfer authorisation shall be issued on the name of the entreprentee and shall not be transferable. It replaces the permit required by § 3 of the German Road Transport Act (3) on the part of the section in Germany. (3) The CEMT transfer permit can be granted under conditions, conditions or with traffic restrictions. (4) For the CEMT-relocation authorisation shall apply in accordance with the following provisions of the Act on the carriage of goods by road:

1.

Section 3 (2) (requirements for conditions of access to the profession),

2.

Section 3 (5) (withdrawal and revocation of the licence) and

3.

Section 8 (provisional continuation of road haulage operations).

(5) If the name of the entreprencee or the registered office of the company changes, the trader shall submit the CEMT retreat approval to the Federal Office without delay. If the company is finally in operation, it shall return it immediately to the Federal Office. Unofficial table of contents

§ 7a Use of CEMT approval

A CEMT authorisation granted by a Member State of the CEMT in accordance with the resolution referred to in Article 4 (1), entitles the holder to international road haulage under the following conditions:

1.

The CEMT permit may not be used at the same time for more than one motor vehicle.

1a.

A CEMT permit shall be carried by the driver on a journey with cargo between the place of loading (location of the first loading of cargo for the journey) to the place of unloading (place of the last discharge of that journey) in the vehicle.

2.

The operator shall ensure that no more than three consecutive loaded journeys are carried out without the territory of the territory of the State in which the undertaking is situated.

3.

The trader shall ensure that the travel booklet is carried along with CEMT approval throughout the journey in accordance with the resolution referred to in § 4 (1) of the present resolution in the international carriage of goods by road and the completed pages of the The number of minutes shall be kept during the period of validity of the validity period registered in the certificate of approval in the tachoicebooklet. The driving personnel must fully carry the ticket booklet in the motor vehicle and hand them out for inspection at the request of the inspection.

Section 3
International carriage of goods by road with bilateral authorisations

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§ 8 Validate of bilateral authorisation on the domestic route section

(1) The competent national authority shall issue a bilateral authorisation for the international carriage of goods by road from or to or from a State whose business is domestically established by a State which has its registered office domestically. is not a member of the European Union or any other State Party to the Agreement on the European Economic Area if the entreptier fulfils the conditions of access to the profession in accordance with Section 3 of the Act on the carriage of goods by road. This permit replaces the permit required under Article 3 of the Act on the carriage of goods within the territory of Germany. (2) If the name of the entrepre or the registered office of the company changes, the contractor shall have the bilateral authorisation of the the issuing national authority without delay for the amendment. In the event of a final decision on the holding, it shall immediately return the document to the issuing authority.

Section 4
Cross-border road haulage with third country authorisations

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Section 9 Scope of the third country authorisation

An entreprentier whose business is not domicated shall be a holder of a third country authorisation if he or she is not a member of the international commercial carriage of goods by road or by a State which is not a member of the The European Union is still another State Party to the Agreement on the European Economic Area, and on the domestic part of the route there is no authority required for this purpose in accordance with Section 6, second sentence, points 1 to 3a of the Act on the Transport of Goods by Road. Unofficial table of contents

§ 10 Grant of the third country authorisation

(1) The third country authorisation shall be granted to an entreprentier who is admitted to the international carriage of goods by road in the State in which the undertaking is situated, and which does not have any facts from which it is based Concerns about his personal reliability. It is not transferable. (2) The grant is granted for a certain period of time, at least one calendar day. The number of journeys which may be carried out within this period may be limited. (3) The third country authorisation may be granted under conditions, conditions or by means of traffic restrictions. (4) The Federal Ministry of Transport and Digital Infrastructure is responsible for third country approval, unless the law of the European Union determines otherwise. (5) The third country authorisation shall be approved by the competent authority of the State. in which the company has its registered office, if it is a Member State the European Union, or any other State Party to the Agreement on the European Economic Area, or if international governmental or administrative agreements provide for that. In all other cases, the third country approval will be issued by the body that the Federal Ministry of Transport and Digital Infrastructure has determined. Unofficial table of contents

§ 11 Third country authorisation for business and vehicle-related

(1) Where a third country authorisation is granted to an entrepre whose undertaking has its registered office in a Member State of the European Union, in another Contracting State of the Agreement on the European Economic Area or in Switzerland, it shall apply to the motor vehicle in which it is carried in the course of transport. (2) An entreptior whose undertaking is not situated in any of the States referred to in paragraph 1 shall be granted a third country authorisation for a particular motor vehicle; or for a number of certain motor vehicles. (3) The trader may not Do not use a third country permit at the same time for more than one motor vehicle. Unofficial table of contents

§ 12 Exceptions

A third country authorisation is not required for carriage which is exempted from the provisions of this law pursuant to Article 2 (1) or pursuant to Article 23 (2) and (4) of the Act on the carriage of goods by road.

Section 5
Cross-border commercial combined transport

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§ 13 Definition

Cross-border commercial combined transport of goods shall be subject to the conditions of the carriage of goods by which:

1.

the motor vehicle, the trailer, the vehicle body, the swap container or the container of at least 6 metres in length, part of the route on the road and another part of the route by rail or by the internal or seagoing vessel (with a rail or sea) Seestrecke of more than 100 kilometres of air line),

2.

the total distance is partly in Germany and partly abroad, and

3.

the carriage on the domestic road only between loading or unloading points and

a)

the nearest appropriate railway station or

b)

a bale or seaport situated within a radius of not more than 150 kilometres of air line

is carried out (on or off).

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§ 14 Next-level suitable railway station

(1) The nearest appropriate station within the meaning of section 13 (3) (a) is the station,

1.

which has facilities for the necessary handling of combined transport,

2.

is carried out by regular combined transport of the appropriate type and direction; and

3.

which has the shortest, traffic-like road connection to the loading or unloading point.

(2) At the request of the operator, the Federal Office may, by way of derogation from paragraph 1, designate a different railway station to the nearest appropriate station, provided that this serves the purpose of promoting combined transport. Prior to its decision, the Federal Office may consult the railways and terminal operators concerned. (3) The operator must ensure that during the entire transport operation in cross-border combined transport, the certificate shall be issued on the Determination of the other railway station is carried out. The crew shall carry the certificate in accordance with the first sentence in the motor vehicle and shall hand them out for inspection at the request of the persons entitled to check. Unofficial table of contents

Section 15 On-and-off services by entrepreneurs domiciled in a Contracting State of the Agreement on the European Economic Area

(1) An entrepre whose company has its registered office in a Member State of the European Union or in another Contracting State of the Agreement on the European Economic Area shall be entitled to import or export combined transport within the meaning of the (2) The operator must ensure that during a transport operation within the meaning of the provisions of the Directive, the Member State shall ensure that the goods are transported to the market. Paragraph 1 shall provide evidence of the fulfilment of the conditions for access to the profession and the access to the market for the carriage of goods by road between Member States is carried out. The driving personnel shall carry the proof in accordance with the first sentence in the motor vehicle and shall hand out the persons entitled to control on request for inspection. Unofficial table of contents

Section 16 On-and-off exports by entrepreneurs with the registered office of their company outside the Contracting States to the Agreement on the European Economic Area

(1) An entreprenter whose business is not established in either a Member State of the European Union or in any other State Party to the Agreement on the European Economic Area,

1.

may carry out import or export in combined transport within the meaning of section 13 of the national territory if, under international agreements, a special permit is granted to it;

2.

in the case of import or export in combined transport within the meaning of section 13, is exempt from the requirement to obtain authorisation and approval in the territory of the country, if:

a)

the motor vehicle, in unaccompanied combined transport, exceeds the German border in the case of arrival or removal; or

b)

the motor vehicle in accompanied combined transport during the carriage of passengers on the railway or on the internal or seagoing ship exceeds the German border and only an import or discharge is carried out during the combined transport accompanied by the combined transport Rail/road (rolling country road) may only take place between loading or unloading point and a suitable railway station within a radius of 150 kilometres of air line; and

c)

the trader in the State in which his company has the seat is admitted to the international carriage of goods by road for others and there are no facts about him from which there are concerns about his personal reliability.

(2) The operator shall ensure that, during a transport referred to in paragraph 1 (1), the authorisation or during a transport referred to in paragraph 1 (2), proof of compliance with the conditions set out in paragraph 1 Point 2 (c), first half-sentence is included. The driving personnel shall carry the necessary proof in accordance with the first sentence in the motor vehicle and shall hand out the persons entitled to control on request for inspection. Unofficial table of contents

Section 17 Proof of the implementation of cross-border commercial combined transport

(1) The entreptite shall ensure that a reservation confirmation by the railway or the ship's owner or the bodies assigned by them is carried out during an advance within the meaning of § 15 or § 16. In the case of section 16 (1) (2) (b), the reservation confirmation in accordance with the first sentence shall also include the official registration plate of the motor vehicle. The driver shall carry the confirmation of reservation in the motor vehicle and hand out the right to check for the right to check on request. (2) The trader shall ensure that during a removal within the meaning of § 15 or § 16, the operator shall ensure that the proof of the railway or of the vessel or of the bodies designated by them via the unloading station or the seaport or seaport used. In the case of Article 16 (1) (2) (b), the proof referred to in the first sentence must also contain the official registration plate of the motor vehicle. The driving personnel shall carry the proof in accordance with the first sentence in the motor vehicle and shall hand out the persons entitled to control on request for inspection.

Section 5a.
Cabotage

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§ 17a Power to Cabotage

(1) cabotage is permitted only under European Community law or with a special authorisation in accordance with the following paragraphs. (2) A road haulage operator who has neither a registered office nor a branch in Germany shall be allowed to Connection to a cross-border transport to Germany after the first partial or complete discharge of the goods up to three cabotage transport operations with the same vehicle. The last unloading, before leaving Germany, must be carried out within seven days of the first partial or complete discharge. (3) In the case of cabotage operations referred to in paragraph 1, the haulier shall not be responsible for the transport of cabotage operations within the meaning of paragraph 1. Registered office in Germany has the right to ensure that proof of the cross-border carriage and each cabotage transport carried out is carried out during the duration of the carriage, the following information: contain:

1.

the name, address and signature of the sender,

2.

the name, address and signature of the road haulage operator;

3.

the name and address of the consignee and, after unloading, the signature of the consignee with the date of discharge;

4.

the place and date of receipt of the goods and the address of the place of unloading;

5.

the usual description of the nature of the goods and their packaging;

6.

the gross weight of the goods or any other quantity,

7.

Official registration number of the motor vehicle or trailer.

The evidence may be provided by means of accompanying paper or any other appropriate transport document, including in electronic form. (4) The staff must carry the evidence referred to in paragraph 3 during the cabotage transport operation, and To hand out or make available in another appropriate manner on request, on request, for inspection.

6.
Common rules

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§ 18 Conditions for use of vehicles

In so far as the undertaking has its registered office in a Member State of the European Union or in another State Party to the Agreement on the European Economic Area, the trader may be subject to international carriage of goods by road or in the Cabotage transport use only a motor vehicle registered in one of the aforementioned countries. Where the head office is not located in one of the States referred to in the first sentence, the trader may only use a motor vehicle registered in the State of the registered office in the international carriage of goods by road or in cabotage transport. Unofficial table of contents

Section 19 Exclusion of entrepreneurs with the registered office of their company outside the States Parties to the Agreement on the European Economic Area

(1) The Federal Ministry of Transport and Digital Infrastructure, or the body designated by it, may provide entrepreneurs whose undertakings have their registered office in a State which is not a member of the European Union or of any other State Party to the Agreement. on the European Economic Area, to exclude up to six months from the carriage of goods by road in and with the territory of the country, if persons responsible for the management of the undertaking or their authorised representative are in breach of rules for the inland transport of goods by road, transport by road, (2) In the case of offences committed in connection with the conduct of the carriage of goods by road, or in the event of repeated gross violations of the provisions referred to in paragraph 1, The Federal Ministry of Transport and Digital Infrastructure, or the entity designated by it, may definitively exclude the contractor from the circulation referred to in paragraph 1.

Section 7
Procedure for issuing a driver attestation

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Section 20 Application for the issuing of a driver attestation

(1) In the case of an application for a driver attestation in accordance with Article 5 of Regulation (EC) No 1072/2009, the following information shall be provided to the competent authority:

1.

the name and legal form of the undertaking;

2.

the address of the undertaking,

3.

the telephone and fax numbers relevant to the registered office of the company, and the electronic postal address,

4.

the competent department authority, licence number, date of issue and validity period and the number of certified copies of the Community licence issued in accordance with Article 4 of Regulation (EC) No 1072/2009,

5.

Name, first name, date of birth, place of birth, nationality, type and number of the card, the date and place of the ID card, the number of the driving licence, the date and place of issue of the licence, the number of the social security system of the Driver for which the driver attestation is to be issued.

(2) The application referred to in paragraph 1 shall be accompanied by the following documents to the competent authority:

1.

the Community licence granted to the trader;

2.

the working permit-EU of the crew, if such a person has been granted,

3.

the passport, the passport or the identity of the passport, the residence permit of the driver,

4.

the proof in accordance with § 5 (1) of the Professional Drivers 'Qualification Regulation, insofar as the application also applies to the registration in accordance with § 5 (4) of the Professional Drivers' Qualification Ordination or the obligation to conclude a Basic qualification or further training according to the professional drivers ' qualification law passed.

The competent authority may also require evidence to be provided for the other information to be provided in accordance with paragraph 1. Unofficial table of contents

Section 21 Duration and corporate loyalty of the driver attestation

The driver attestation shall normally be issued to the undertaking for a period of five years. It may also be granted for a shorter period of time, in particular where the driving personnel have a residence permit or a work permit-EU which is temporary for a shorter period of time than five years. The driver attestation shall be issued in accordance with the model laid down in Annex III to Regulation (EC) No 1072/2009. It contains a serial number and an expenditure number and is stamped with a dry stamp. Unofficial table of contents

Section 22 Return of the driver attestation

The driver attestation and the certified copy thereof shall be returned immediately to the issuing authority if the driver attestation has become invalid in accordance with the third sentence of Article 5 (7) of Regulation (EC) No 1072/2009. Unofficial table of contents

Section 23 Change communication and change of documents

If, after the driver attestation has been issued, circumstances which underlie the information to be made pursuant to Article 20 (1) (1), (2), (4) or (5) change, the company shall inform the competent authority without delay and shall, on request, inform the competent authority of the Proof. If a change in the driver attestation is necessary, the company shall submit the driver attestation and the certified copy thereof without delay. Unofficial table of contents

§ 24 Monitoring

In the context of the supervision referred to in Article 6 (2) of Regulation (EC) No 1072/2009, the undertaking shall, on request, submit proof, on request, to the competent authority in accordance with the first sentence of Article 20 (2). The Authority shall inform the company in writing of the outcome of the inspection on request.

8. Section
Disorderly, in-and out-of-order

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§ 25 Administrative Offences

Contrary to the provisions of Section 19 (1) (2) of the Act on the Transport of Goods, who intentionally or negligently:

1.

Contrary to § 2 sentence 1, a communication does not make, not correct, not complete or not in time, or does not provide proof, not correct, not complete or not in good time,

2.

shall not submit a document referred to in paragraph 2, sentence 2 or section 23, sentence 2, or shall not submit it in due time,

3.

shall be contrary to a fully-retractable condition pursuant to § 4 (4), § 7 (3) or § 10 (3),

4.

contrary to the first sentence of Article 5 (1), a booklet does not lead, is not correct or does not complete it correctly,

5.

, contrary to § 5 (2), a copy or a ticket booklet does not or does not come forward in due time or a false indication is not reimbursed or reimbursed in due time,

6.

in accordance with Article 7a (1), uses a CEMT authorization,

6a.

Contrary to Article 7a (1a), the CEMT authorisation does not take the lead,

7.

Contrary to Section 7a (2), it does not ensure that no more than three consecutive loaded journeys are carried out,

8.

Contrary to Section 7a (3), first sentence, it does not make sure that a booklet is carried out or that the pages filled out are kept in the travel booklet,

9.

Contrary to Section 7a (3), second sentence, a booklet shall not or shall not be carried out in full or shall not be handed out in good time,

10.

, contrary to Article 11 (3), the use of a third State authorisation,

11.

Contrary to § 14 (3) sentence 1, § 15 (2) sentence 1, § 16 (2) sentence 1 or § 17 (1) sentence 1 or paragraph 2 sentence 1, it does not ensure that a document referred to therein is carried along,

12.

Contrary to § 14 (3) sentence 2, § 15 (2) sentence 2, § 16 (2) sentence 2 or § 17 (1) sentence 3 or paragraph 2 sentence 3, a document referred to in the first sentence of the second sentence of this paragraph shall not be carried out or shall not be handed out in good time,

13.

Contrary to § 18, a motor vehicle,

14.

an enforceable arrangement in accordance with § 19,

15.

Contrary to § 23, sentence 1, a communication does not make, not correct, not complete or not in time, or does not provide proof, not correct, not complete or not in good time, or

16.

Contrary to § 24 sentence 1, proof not, not correct, not complete or not presented in good time.

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Section 26 Entry into force, external force

This Regulation shall enter into force on the day following the date of delivery. At the same time, the Regulation on the international carriage of goods by road and cabotage operations of 22 December 1998 (BGBl. 3976), as last amended by Article 1 of the Regulation of 5 May 2008 (BGBl I). 794), except for force. Unofficial table of contents

Final formula

The Federal Council has agreed.