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Regulations Implementing The Directive Of Dellecomunita 'european Council N. 438 Of 21 June 1989 Amending Council Direttivadel N. 561 Of 12 November 1974 On Access Allaprofessione Transporter Of Goods By Road In If ...

Original Language Title: Regolamento di attuazione della direttiva del Consiglio delleComunita' europee n. 438 del 21 giugno 1989 che modifica la direttivadel Consiglio n. 561 del 12 novembre 1974 riguardante l'accesso allaprofessione di trasportatore di merci su strada nel se...

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THE MINISTER FOR TRANSPORT the law Vista 6 June 1974, n. 298, and subsequent amendments and additions; Given the EEC Directive n. 561/1974 of 12 November 1974 on admission to the occupation of road haulage operator in national and international transport operations; Having regard to Law 30 March 1987, n. 132, bearing the conversion into law, with amendments, of Decree-Law of 6 February 1987 n. 16, concerning urgent provisions on road transport of things and road safety; Given the Ministerial Decree of 5 November 1987, n. 508, laying down rules on access to the occupation of road haulage operator in national and international transport operations; Given the Ministerial Decree of 8 March 1988, n. 100, bearing modifications to the Ministerial Decree of 5 November 1987, n. 508; Given the Ministerial Decree of 28 October 1988, n. 2910 laying down additional provisions on admission to the occupation of road haulage operator in national and international transport operations; Given the Ministerial Decree of 4 November 1988, n. 3199, which provides for the institution of the examining boards for the assessment of the requirement of capacity 'professional for the inclusion of the national register of road hauliers for third-party accounts; Given the Ministerial Decree of 22 November 1988, n. 3362 on the extension of the deadline for submission of exam questions for the meeting of 30 November 1988; Given the Ministerial Decree of 11 February 1989 laying down rules on the repetitiveness 'of examinations of capacity' professional; Given the Ministerial Decree of 21 October 1989 laying down rules on the regular composition of the examination committees; View the EEC Directive n. 438/1989 of 21 June 1989 amending Directive 74/561 / EEC and in particular art. 1 on admission to the occupation of road haulage operator in national and international transport operations; Having regard to Law 16 April 1987, n. 183, and in particular art. 20 in which and 'foreseen that by decrees of the Ministers concerned is actually transposed the Community directives on the parties that they change mode' executive and technical features of other directives of the Community 'European economic gia' in national law; Having regard to Law 9 March 1989, n. 86, and in particular art. 5, paragraph 1, in which confirmation is given of the aforementioned provisions of art. 20 of the law 16 April 1987 n. 183; Having regard to Law 23 August 1988, n. 400, in particular art. 17, paragraphs 3 and 4; the letter n view. 060 674 of 10 April 1991 whereby the EEC Commission states that the draft decree of application in Italy of the Directive n. 89/438 / EEC as regards the road transport of goods is correctly applying the provisions of the Directive; Having heard the opinion of the State Council made general from meeting on 7 March 1991; Having fulfilled the procedure laid down by the aforementioned law no. 400/1988, art. 17, paragraph 3, last sentence, with notice to the Chairman of the Council of Ministers; Given the need 'when transposing this Directive to give definitive arrangements on access to the road transport profession of goods; ADOPTS the following regulations: Art. 1. Scope 1. By this decree is implemented with the Council Directive of the communities' European n. 438 of 21 June 1989 amending Council Directive n. 561 of 12 November 1974 on admission to the occupation of road haulage operator in national and international transport operations. 2. The provisions of this Decree shall not apply to individual and corporate companies that exercise the attivita 'of transport of goods by road with vehicles of profits not exceeding 3.5 tonnes or of total weight to earth to full load not exceeding 6 tons. The above companies should they choose to exercise with vehicles of greater weight and will have to demonstrate the capacity requirements of 'professional and financial. 3. The provisions of this Decree shall not apply altresi 'to individual and corporate undertakings engaged, nationally, attivita' of transport of goods by road with the following vehicles: a) concrete mixers although exceeding the legal weights; b) vehicles equipped with special bodywork adapted to the load, compaction, unloading and transportation of municipal solid waste;
c) permanently equipped vehicles with tank for loading, unloading and transport of slurry or liquid purge of blacks wells. 4. At referred to in paragraphs companies continue to apply concerned by art. 13 of the law 6 June 1974 n. 298. WARNING: The text of the notes published here 'was drawn up pursuant to art. 10, paragraph 3, of the consolidation act approved by Presidential Decree 28 December 1985, n. 1092, for the sole purpose of facilitating the reading of the statutory provisions under which, and 'work the postponement. Remain unchanged the value and effectiveness of legislative acts here transcribed.