Authorizes The Government To Adapt The General Scheme Of The Contraventions Under The Corporate Process Of The Legal System Of The Carriage Of Goods By Road

Original Language Title: Autoriza o Governo a adaptar o regime geral das contra-ordenações no âmbito do processo contraordenacional do regime jurídico do transporte rodoviário de mercadorias

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624467354c5667755a47396a&fich=ppl89-X.doc&Inline=false

1 PROPOSAL of law No. 89/X explanatory statement road transport of goods on own account as defined in point (b)) of article 2 of Decree-Law No. 38/99, of 6 February, contrary to what would be predictable, yet fills a significant share of the carriage of goods by road undertaken on national territory. This situation it is recommended that the procedures for imposing penalties for infringement of the rules applying to the sector are similar as far as possible, whether it's public transportation, whether it's private transport. And is the revision of the legal framework for the road transport of goods, regulated by Decree-Law No. 38/99, of 6 February, adjusting to ensure conditions of security in transport, regardless of the public or private nature and avoid the imbalance of the conditions of competition. Is thus essential to include in the sanctions regime punitive and deterrent mechanisms of serious offences, in particular as regards overloading, checked frequently in transport for own account, since the system in force already provides for the application of accessory sanction for public transportation or on behalf of others. Considering the legal intended to prevent sanctioning the overloading, this is not safeguarded by applying additional sanctions exclusively to public transporters. In addition, the same unlawful conduct should not be treated by the law differently, depending on the status of the offender. However, the transport of goods on own account is not subject to any sectoral license, so it is not possible to prescribe the application of one of the sanctions listed in article 21 of the General system of administrative offences, approved by Decree-Law No. 433/82 of 27 October, amended by decree-laws No. 356/89 of 17 October, 244/95 of 14 September , and 323/2001, of 17 December, and by law No. 109/2001, of 24 December. 2 becomes therefore necessary to go beyond that cast and create an accessory penalty that inhibit private carrier temporarily, if practice repeated infringements by overloading, to carry out transport, as for professional hauliers. To achieve assimilation of the accessory sanction to the same illicit, without discrimination of the scheme in which the carriage is performed, the seizure of the registration certificate of the vehicle appears to be the appropriate route for produce the same effects that the suspension of the license of the public transport vehicle. Whereas the accessory penalty of seizure of documents is not provided for in the General system of administrative offences, given the provisions of paragraph d) of paragraph 1 of article 165 of the Constitution, your creation lacks law of the Assembly of the Republic, or your authorization to the Government to legislate in this area.

So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: Article 1 subject-matter is granted the Government permission to establish, within the framework of the administrative process of the legal regime of transport of goods, ancillary sanction of seizure of the vehicle documents, typed not in General Regime of administrative offences approved by Decree-Law No. 433/82 of 27 October, amended by decree-laws No. 356/89 of 17 October, 244/95 of 14 September, and 323/2001, of 17 December, and by law No. 109/2001, of 24 December.

Article 2 the present legislative authorization is granted to allow the application of accessory penalty, in case of more than two convictions in cases of alleged infringement by overloading committed by natural or legal persons who carry out road haulage operations for own account. 3 article 3 Extension in the development of this law, can the Government: a) to provide for the possibility of the administrative entity responsible for the imposition of fines for offences under the road transport of goods, seize the documents relating to vehicle-registration certificate-in case of application of fine for overloading; (b) the application of sanction Conditioning) subsidiary of seizure of the vehicle documents, in cases where the offender has been subject to three final convictions for three offences of the same nature, and these have occurred in the course of the two years preceding the date of infringement is to be determined; c) Determine that: (i) the accessory sanction will last a maximum of two years from the final judgment; (ii) the documents seized will be deposited to the order of the competent authority for the judgment.

Article 4 term legislative authorization granted by this law lasts for 120 days.

Seen and approved by the Council of Ministers of 27 July 2006.

The Prime Minister, the Minister of Parliamentary Affairs Minister Presidency


4 the legal framework of the activity of transport of goods, adopted in domestic law in line with Directive No. 96/26/EC of 29 April 1996, and with the Directive 98/76/EC of 1 October 1998, in force since 1999, has shown, by the experience gained in your application the need to introduce some adjustments. Found to be advisable to carry out the amendments to the access to the activity, as well as the Organization of the market in road haulage, which promote the improvement of services and improve the competitiveness of companies operating in this market. Whereas it has been a growing trend of companies with unique capability to goods vehicles, public transport or on behalf of another person, without having to be subjected to any conditions for access to the activity or market, which subverts the conditions of competition, it is advisable that these transports are subject to rules similar to those applicable to other transport subject to licensing. Are, however, excluded from carriage regime in goods vehicles gross weight less than 2,500 kg, the irrelevance of your cargo capacity. With regard to access to the activity, were the rules relating to the requirement of professional competence, in order to ensure that each company is actually managed by the holder of the certificate of professional competence and, at the same time, promote the achievement or consolidation of best and most updated technical skills. In this sense, was conditional on the validity of the certificate of professional competence of the person in charge of the company, an assessment of your management with best practices, taking into account the number of infringements to the rules relevant to the sector, including matters relating to the activities of road haulage, road safety, or environmental protection. Looking for a more active contribution to protect the environment, are rules of licensing restrictions of vehicles that will tend to promote the renewal of car fleets and, consequently, the abatement of the older vehicles, i.e. more pollutants. Formulated a sanctions regime more adjusted and deterrent, particularly as regards the application of ancillary penalty for overloading, which can be applied either to carriers for hire or reward or on its own. Was also introduced the punishment so far non-existent by lack of 5 driver certificate, required to drivers who are nationals of third countries by Regulation (EC) no 484/2002 of the European Parliament and of the Council amending Regulation (EEC) n° 881/92, also of the European Parliament and of the Council.

So: the use of legislative authorization granted by law No........, and pursuant to points (a)) and b) of paragraph 1 of article 198 of the Constitution, the Government decrees the following: chapter I GENERAL PROVISIONS article 1 Scope 1. This decree-law shall apply to the transport of goods by means of motor vehicles or combinations of vehicles, with a gross weight of not less than 2,500 kg. 2. Are not covered by the licensing scheme in the activity referred to in this Decree-Law: a) the transport of products or goods directly linked to agricultural or her management, carried out through trailers coupled to agricultural tractors; b) transport of postal items carried out within the framework of the postal service provider; c) the movement of vehicles which are powered up, on a permanent basis and exclusive, equipment or machines.

Article 2 Definitions


For the purposes of this decree-law and supplementary legislation: a) ' carriage of goods by road ' means the activity of logistics and operational nature that involves the physical movement of goods in motor vehicles or combinations of vehicles 6, and may involve handling operations still of such goods, including groupage, screening, reception, storage and distribution; b) ' carriage for hire or reward or public ' means the transport of goods performed under contract, that is not in accordance with the conditions laid down in point (a); c) ' own-account transport or private ' means the transport carried out by natural or legal persons in which they check the following conditions: (i)) the goods carried are of your property, or have been sold, bought, given or taken a car, produced, extracted, processed or repaired by the entity that performs the transport and that this constitutes an ancillary activity in all of its activities; II) the vehicles used are from your property, subject to a finance lease or rented under a car without driver; III) vehicles are, in any case, driven by the owner or lessee or by your service personnel. d) ' goods ' means all sorts of products or objects, with or without commercial value, which can be transported in vehicles or combinations of vehicles; and ' National Transport '), the transport is made entirely in the national territory; f) ' International Transport ' means the transport which involves the crossing of borders and develops partially on national territory; g) ' combined transport ' means the transport of goods in that, at the start or end of the journey using the road and, on the other hand, the rail mode, the air mode, the waterway or sea; h) ' resident carrier» means any company established in national territory enabled to operate carrier; I) ' non-resident carrier» means any undertaking established in a foreign country enabled to operate in accordance with the rules of that country; j) «Cabotage», the achievement of national transport by non-resident carriers; 7 l) «Special» Transport, transport it, in particular by the nature or size of the goods transported, shall comply with the technical conditions or special security measures; m) ' Transport treated as own-account transport operations ' means integrating a combined transport and develop in initial or Terminal Road journeys, as long as it fulfilled the condition laid down in point i) subparagraph (c)) and the motor vehicle is owned by the shipping company, subject to a finance lease or a car without driver, and is driven by owner , tenant or your personal service, even if the trailer is registered or has been rented by the receiving company, or vice versa, in the case of road journeys terminals; n) ' Transport under full load», transport for hire or reward in which the vehicle is used in your assembly load capacity for a single consignor; the) ' transport in fractional charge», transport for hire or reward in which the vehicle is used for fraction of your cargo capacity by multiple consignors; p) ' transport ' Guide, the descriptive document of the essential elements of the transport operation and laying down the conditions of the contract between the carrier and the shipper; q) "Shipper" means the person who contracts with the carrier the movement of goods.

CHAPTER II the taking article 3 1 activity licensing. The activity of road haulage for hire or reward, whether national or international, by means of vehicles gross weight less than 2,500 kg, can only be performed by companies or cooperatives, licensed by the Directorate-General of land transport and inland waterways (DGTFF). 8 2. The license referred to in the preceding paragraph constitutes a Charter or Community licence, which is not transferable, and is issued for a period not exceeding five years, renewable for an equal period, upon proof that keep the access requirements and the performance of the activity. 3. The DGTTF shall register, pursuant to applicable law, all companies which carry out transport of goods by road for hire or reward.

Article 4 Access Requirements and engage in activity 1. Are access requirements and engage in activity the suitability, the technical and professional capacity and the financial capacity. 2. Is still governing the business requirement that the company have your situation regularized before the tax administration and social security.

Article 5 good repute 1. The suitability is measured by the absence of legal impediments, particularly to certain unlawful conviction practised by administrators, directors or managers. 2. Are considered suitable people for which there is any of the following impediments: the) legal prohibition to the exercise of trade; b) Conviction with imprisonment of not less than two years, which has become final, for crimes against property, drug trafficking, money laundering, tax evasion or; c) Condemnation, with traffic, in the security measure of prohibition of the practice of the profession of transport operator, regardless of the nature of the crime; d) Conviction with traffic, for serious infringements to the rules on driving times and rest periods or to regulations on road safety, in cases that have been declared the ban of the practice of the profession of transport operator; 9 e) Conviction with transit, offences of the rules relating to the system of benefits of retributive nature or the conditions of hygiene and safety at work, environmental protection and professional responsibility, in cases that have been decided on the ban of the practice of the profession of transport operator. 3. For the purposes of this Ordinance, when it is enacted the sanction's ban accessory activities, administrators, directors or managers in Office at the time of the offence that led to the accessory sanction fail to fill the requirement of good repute during the ban period fixed in the judgment.

Article 6 professional competence


1. professional capacity should be filled by someone who, being holder of the certificate of professional competence referred to in article 7, holds the power to compel the company, individually or together, and drive in permanence and effectiveness. 2. for the purposes of compliance with the requirement of professional competence, the person who ensures this requirement must make proof of your registration in social security, in the framework of quality management of the company. 3. The same person cannot ensure the requirement of professional competence more than a company, unless at least 50% of the share capital of each of the companies addressed by it belong to the same partner, natural or legal person.

Article 7 certificate of professional competence 1. The certificate of professional competence for the carriage of goods, national or international, as the case may be, is issued by the people: the DGTTF) have attended training on the subjects listed in annex I to the present Decree-Law and which is an integral part, and obtain approval under review, carried out in accordance with the rules set out in annex II to this decree-law and which is an integral part , or b 10) show that curricularmente have at least five years of practical experience at the management level in a company licensed for the carriage of goods, national or international and obtain approval in specific exam. 2. People who hold higher education course or course officially recognized, which implies good knowledge of any or some substances referred to in annex I, may be exempted from the training and examination for this or to such materials. 3. Holders of certificate of professional competence referred to in article 6 of Decree-Law No. 3/2001, of 10 January, are covered by the exemption referred to in the preceding paragraph, with regard to matters of common assessment. 4. The DGTTF recognizes the certificates of professional competence for the carriage of goods, issued by the competent authorities of other Member States of the European Union, in accordance with Directive No. 96/26/EC of 29 April 1996, as amended by Directive n° 98/76/EC of 1 October 1998. 5. The validity of the certificate of professional company, for more than five years, is dependent on the practice of the profession with good practices, taking into account infringements of the rules on carrier activity, the social regulation of transport, road safety and environmental protection, as well as vocational training. 6. The attestation of training frequency and conditions of realization of examination, referred to in points (a)) and b) of paragraph 1, as well as the conditions of validity of the certificate of professional competence, by more than five, are defined by order of the Member of Government responsible for transport.

Article 8 technical capacity the technical capacity consists in the existence of technical and human resources, appropriate to the size of the companies, in accordance with the criteria set by Ordinance.

11 article 9 financial capacity 1. The financial capacity consists in the possession of the necessary financial resources to ensure the start of the activity and the good management of the company. 2. For the purposes of commencement of business, companies must have a minimum share capital of € 125,000 or £ 50,000, in the case of exercise of activity exclusively through cars. 3. During the activity, the amount of capital and reserves may not be less than € 9,000 for first motor vehicle licensed and € 5,000 or € 1,500 for each additional vehicle, depending on whether it heavy or light vehicle. 4. Proof of preceding paragraphs is made by commercial registration certificate stating the social capital and duplicate or certified copy of the last balance sheet presented for the purpose of corporate income tax (IRC) or bank guarantee.

Article 10 tax compliance proof of contributory of the company situation vis-à-vis the tax administration and social security is required at the time of renewal of the licence and vehicle licensing.

Article 11 Obligation of information 1. The access requirements and engage in activity are permanent, and verification companies prove your accomplishment whenever they requested. 2. The companies have a duty to inform the DGTTF social pact changes, including changes in administration, management or management, as well as changes of Headquarters, within 30 days from the date of your event.

12 article 12 Missing requirements 1 incidental. The prevailing lack of any one of the requirements of integrity, professional competence and financial capacity must be met within one year from the date of your event. 2. For the purposes of the supply of financial capability requirement for the exercise of the activity may be granted an additional period of one year, provided that the economic situation of the company justifies it and upon presentation of a financial plan.

Article 13 renewal and expiry of licence or Community authorisation 1. Applications for renewal of license or of the Community licence shall be required in the DGTTF at least 60 days in relation to the end of their term of validity. 2. the permit for the activity, planning or Community licence, expires:) After the time limits referred to in the preceding article without that lack to be supplied; b) If during one year from the date of issuance of the permit or license, the company does not have community licensed any motor vehicle. 3. With the expiry of the licence for the pursuit of the activity shall expire every motor vehicle licences or certified copies of the Community licence which has been issued to the company.

CHAPTER III ACCESS and MARKET ORGANIZATION article 14 motor vehicle Licensing


1. Motor vehicles used for the carriage of goods by road for hire or reward, are subject to license to be issued by DGTTF, whether the property of the carrier, subject to a finance lease, or rental agreement without driver. 13 2. Until the sum of the gross weights of vehicles of the company exceeds 40 tons, motor vehicles the license after obtaining of license or community of license, referred to in paragraph 2 of article 3, must necessarily be new, considering that satisfy this condition vehicles which do not have more than one year from the date of first registration. 3. issuance of license conditions Are that the average age of the car fleet of the company does not exceed 10 years, given the age of each vehicle by the date of first registration. 4. licences of vehicles shall expire in the event of transfer of ownership or possession of the vehicle and where the expiry of the licence or of the Community licence.

Article 15 identification of vehicles motor vehicles licensed for the carriage of goods by road for hire or reward must bear identification markings.

Article 16 exceptional Transport Are subject to authorisation, to be issued by DGTTF, exceptional transport performed by vehicles used for the own-account transport, whose gross weight exceeds 2,500 kg, in which, cumulatively: a) the goods and vehicles belonging to the same owner; (b)) the transport is carried out by non-profit public bodies or other philanthropic, sports or recreational associations; c) goods transported are related with the purpose of carrying out the transport; d) the vehicles used are the property of the entity that performs the transport, of any of its members or transferred free of charge by other entities.

14 article 17 international and cabotage Transport 1. International transport and cabotage transport operations to be carried out by non-resident carriers based outside the territory of the European Union are subject to authorisation issued by DGTTF, which is conditioned by the principle of reciprocity. 2. international transport operations to be carried out by resident carriers, between the Portuguese territory and the territory of non-member countries of the European Union, with whom the Portuguese State there is concluded a bilateral or multilateral agreement on road transport are subject to authorisation issued by DGTTF within the quantitative limits resulting from these agreements or contracts. 3. Are not covered by the authorisation regime provided for in this article the transport, by multilateral convention or bilateral agreement have been liberalised. 4. In the case of transport by means of combinations of vehicles, authorization is required by motor vehicle.

Article 18 special Transport special transport are subject to specific regulations.

Article 19 1 transport guide. The carriage of goods by road for hire or reward are described in a guide to transport, which must accompany the goods carried. 2. The transportation tab must contain the elements that are defined by order of the director-general of the land transport and inland waterways.

15 article 20 documents which must be on board the vehicle during the transport referred to in this decree-law shall be on board the vehicle and be submitted to the inspection request, the certified copy of the Community licence, as well as licences and authorisations provided for in articles 14, 16 and 17 and, in case of international carriage in which the vehicle is driven by a third-country national driver , the corresponding certificate.

CHAPTER IV supervision and SANCTIONS article 21 1 Surveillance REGIME. The monitoring of compliance with the provisions of this Ordinance it shall be the responsibility of the following entities: a) General Directorate of land transport and inland waterways; b) National Republican Guard; c) Public Security Police. 2. The entities referred to in the preceding paragraph may conduct, with the natural or legal persons engaged in road transport, to all the investigations and inspections necessary for the type of your supervisory competence. 3. The DGTTF officials with competence in the area of supervision and in the exercise of functions, provided that duly accredited, have free access to places intended for the pursuit of the activity of the companies.

Article 22 administrative offences 1. Infringements of the provisions of this decree-law constitute offences under articles 23 to 34 16 2. The attempt and negligence is punishable, and the maximum and minimum limits of the fine halved.

Article 23 transport for unlicensed entity 1. Performing road haulage operations for hire or reward by means of motor vehicles with a gross weight of not less than 2,500 kg, by an entity other than the permit holder referred to in article 3, is punishable by a fine of € 1,250 to € 3,740 or € 5,000 to € 15,000, depending on whether it is natural or legal person. 2. Transport for hire or reward cabotage and international referred to in Regulation (EEC) n° 881/92, of the European Parliament and of the Council of 26 March, and Regulation (EEC) No 3118/93, of October 25, when carried out without the certified copy of the Community licence, the following shall be considered as carried out by unlicensed entity, being subject to the fines provided for in the preceding paragraph.

Article 24 lack of driver attestation for third country national to carry out international transport under cover of a Community authorisation, in which the vehicle is driven by a third-country national driver, without the certificate required by article 3 of Regulation (EEC) n° 881/92, of the European Parliament and of the Council of 26 March, as amended by Regulation (EC) no 484/2002 of the European Parliament and of the Council of 19 March, is punishable by a fine of € 750 to € 2,250.

Article 25 carriage by different entity of the holder of the permit or of Community licence


1. The transport for diverse entity of the holder of the permit or of the community authorization referred to in article 3 is punishable: 17 the) for the holder of the permit or of the Community licence, with a fine of € 1,250 to € 3,740 and € 5,000 to € 15,000, depending on whether it is natural or legal person. b) for the person who carries out the transport with the fine of € 500 to € 1,500 € 1,500 and € 4,500 depending on whether it is natural or legal person. 2. the following shall be considered as carried out by a different entity from the holder of the permit to transport any of the following situations: a) provision of transport services with invoicing or receipt under liberal activity; b) existence of contract for use of the vehicle between the company Charter holder and a third party.

Article 26 lack of communication the lack of communication referred to in paragraph 2 of article 11 is punishable by a fine of € 250 to € 750.

Article 27 transport in vehicles without a license to carry out road haulage operations for hire or reward by means of motor vehicle without a licence referred to in article 14, is punishable by a fine of € 750 to € 2,250.

Article 28 lack of badges 1. The transport without the badges referred to in article 15, or when they are placed in unlicensed vehicle, is punishable by a fine of € 100 to € 300. 2. The ostentation of the badges of transport for hire or reward in unlicensed vehicles for this purpose is punishable by a fine of € 1,250 to € 3,740. 18 article 29 unauthorized Transport 1. The exceptional transport referred to in article 16, without permission, is punishable by a fine of € 1,250 to € 3,740 or € 3,500 to € 10,500, as in the case of a natural or legal person. 2. The international transport or cabotage operations without the authorisations referred to in article 17 is punishable by a fine of € 1,000 to € 3,000.

Article 30 missing or vices of 1 transport guide. The lack of transport guide is punishable by a fine of € 250 to € 750. 2. incorrect or incomplete filling of the carriage, the liability of the consignor or carrier depending on their obligation to fill, is punishable by a fine of € 100 to € 300.

Article 31 overloading 1. The transport with excess charge is punishable by a fine of € 500 to € 1,500, without prejudice to the provisions laid down in the following paragraphs. 2. where the excess load is equal to or greater than 25% of the gross weight of the vehicle, the offence is punishable by a fine of € 1,250 to € 3,740. 3. In the case of the infringement referred to in the preceding paragraph to the inspection may order the detention of the vehicle until the load in excess is transferred, and may also order the movement and follow the vehicle until appropriate location for the discharge, but about the offender the burden with the operations of unloading or transhipment of the goods. 4. Where the overrun occurs during loading of a transport under full load, the infringement is imputable to the shipper and the carrier, in reimbursement. 5. No driver may opt to take the vehicle to the weighing scales to the service of controlling entities that are within a radius of 5 km from the site where 19 the intervention of same, being punishable such conduct with the fine referred to in paragraph 2 of this article, without prejudice to the criminal liability that any place.

Article 32 non-presentation of documents to non-submission of the documents referred to in article 20 in the surveillance act is punishable by the penalties provided for a case-by-case basis, in this Ordinance, unless the missing document is submitted within eight days to the authority indicated by the supervisory agent, in which case the fine is € 50 to € 150.

Article 33 Liability of infringements Without prejudice to article 25, paragraph 2 of article 30 and paragraph 4 of article 31, the infringements of the provisions of this decree-law are the responsibility of the natural or legal person who carries out the transport.

Article 34 penalties 1. With the application of fines for infringement of paragraph 2 of article 31 may be accessory sanction decreed suspension of licence or registration certificate, impoundment of the motor vehicle, depending on whether it transport for hire or reward or own-account transport, if the carrier has practiced three offences of the same nature, with a final decision, and these have occurred in the course of the two years preceding the date of infringement that is being decided. 2. With the application of the fine for the offence referred to in (a)) of paragraph 1 of article 25 may be accessory penalties enacted prohibition of the pursuit of the activity, since there have been previous conviction for committing the same offence. 3. The prohibition of the exercise of the activity, the suspension of the licence of the vehicle or the seizure of the registration certificate, provided for in the preceding paragraphs, have a maximum duration of two years. 20 4. The application of the sanction's ban accessory activities necessarily imply the suspension and consequently the DGTTF deposit of the company complained of is holding. 5. During the period of duration of the accessory sanction, applied pursuant to paragraph 1, the license or certificate of registration shall be deposited on the DGTTF.

Article 35 Offenders not domiciled in Portugal


1. If the offender is not domiciled in Portugal and you do not want to make the voluntary payment, must be the amount equal to the maximum value of the fine provided for the administrative offense practiced. 2. The voluntary payment or the deposit referred to in the preceding paragraph shall be carried out at the time of verification of the alleged infringement, the deposit to guarantee the payment of the fine in that the offender may be sentenced as well as legal expenses to any place. 3. If the offender declare that you want to pay the fine or make a deposit and you can't do it at the time of verification of the alleged infringement, must be seized the vehicle documentation to the gross weight of the payment or deposit. 4. In the case referred to in the preceding paragraph shall be issued replacement guides seized documents with validity until the first business day after the day of the offence. 5. Failure to pay or deposit pursuant to the previous paragraphs implies the vehicle impoundment, which remains until the payment or deposit or the decision of acquittal. 6. The seized vehicle responds in the same way as the deposit for payment of amounts owed.

Article 36 1 vehicle Immobilisation. Whenever the immobilization of a vehicle resulting in damage to the goods carried or to the vehicle itself is the responsibility of the natural or legal person who carries out the transport liability for such damage, without prejudice to the right of return. 21 2. They are also the responsibility of the person who carries out the transport costs resulting from the transfer to another vehicle in case of overloading, without prejudice to the right of return.

Article 37 offences processing 1. The processing of administrative offences provided for in this Ordinance the DGTTF. 2. The application of fines is the responsibility of the director-general of the land transport and inland waterways. 3. The DGTTF organizes the register of offences committed in accordance with the legislation in force.

Article 38 product of the fines the proceeds of fines is distributed as follows: 20% for the DGTTF) as my own recipe; b) 20% for the inspection; c) 60% for the State.

Chapter V transitional and final provisions article 39 Models of commitments and badges of the models permits, licenses, permits and badges referred to in this decree-law, which are not provided for in Community rules or under bilateral or multilateral conventions, are defined and approved by order of the director-general of land transport and inland waterways.

22 article 40 allocation of revenues Constitute the DGTTF revenue amounts to be fixed by joint decree of the Minister of State and finance and the Minister of public works, transport and communications, for entries in the examination referred to in article 7 and for issuing certificates, permits, licenses, certificates, permits and badges referred to in this decree-law.

Transitional and final provisions article 41 1. Natural or legal persons who at the date of entry into force of this decree-law to carry out transport of goods by road for hire or reward by means of light vehicles, with a gross weight of not less than 2,500 kg feature within 18 months to comply with the requirements for the licensing of activity, from the date of entry into force of this decree-law. 2. During the period referred to in the preceding paragraph, the freight cars do not require the license provided for in article 14 to carry out transport of goods by road for hire or reward. 3. undertakings which, at the date of entry into force of this decree-law, are holders of permits issued for the DGTTF for transportation or forwarding activity, can license light vehicles for the carriage of goods, not requiring permit referred to in article 3 4. The permit for the carriage of goods in cars, referred to in article 4, may be awarded with exemption from the requirement of professional competence to companies or cooperatives, filling the remaining licensing conditions, the request in the first six months after the date of entry into force of this decree-law.

23 article 42 entry into force 1. This decree-law shall enter into force 30 days after your publication, without prejudice to the next paragraph. 2. holders of permits to transport of goods at the date of entry into force of this decree-law shall be subject only to the provisions of paragraph 2 of article 9, as regards the financial strength of the business, from 1 January 2008.

Article 43 repealed Legislation 1. Is repealed Decree-Law No. 38/99, of 6 February. 2. Pending published the regulations referred to in this decree-law shall remain in force the ministerial order No. 1099/99, of 21 December, which regulates the tests for obtaining the certificate of professional competence, as well as the Orders Nos. 21 994, 19 October 1999, and 2000, 30 14576/June 2000 concerning the transport guide and couplets.

Seen and approved by the Council of Ministers, the Prime Minister and State Minister of finance and Minister of Internal Affairs the Minister of economy and innovation the Minister of public works, transport and communications 24 annex I List of substances referred to in article 7 the knowledge to be taken into consideration for the attestation of professional competence shall cover at least the subjects mentioned in the list. Candidates must possess hauliers the level of knowledge and practical skills required to run a transport company. The minimum level of knowledge, below, may not be less than the level 3 of the structure of training levels laid down in the annex to decision No 85/368/EEC, i.e. a training with compulsory education complemented by professional training or additional technical training or technical training school or other secondary level. The materials on which focuses this training and graduation required knowledge level guide on the following list, with reference, in particular, to the themes that the candidate must know or be able to interpret, negotiate or evaluate.


The) elements of civil law: 1. Know the main contracts commonly used in road transport activities, as well as the rights and obligations arising therefrom; 2. Be capable of negotiating a legally valid transport contract, notably with regard to conditions of carriage; 3. Be able to analyze a customer complaint relating to damage resulting either from loss or damage of the goods in the course of transport, or the delay in delivery, as well as the effects of this complaint, regarding your contractual liability; 4. Know the rules and obligations arising from the CMR Convention on the contract for international carriage of goods by road.

B) elements of commercial law: 1. Meet the conditions and procedures for exercising the trade and the General obligations of traders (registration, trade books, etc.), as well as the consequences of bankruptcy; 2. Possess sufficient knowledge about commercial companies, forms and rules of establishment and operation.

25 C) elements of social right: 1. To know the role and functioning of the various social institutions which are involved in the road transport sector (unions, workers ' committees, delegates, staff, labour inspectors, etc.); 2. To meet the obligations of employers in the field of social security; 3. Know the rules applicable to contracts of work relating to different categories of workers in road transport undertakings (form of the contracts, obligations of the parties, conditions and working hours, paid leave, remuneration, termination of contract, etc.); 4. Meet the provisions of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006, of Regulation (EEC) No 3821/85 number, as well as their practical measures of implementation.

D) elements of tax law: 1. The VAT on transport services; 2. The duty of service of vehicles; 3. Taxes on certain vehicles used for the carriage of goods by road and tolls and user charges levied for the use of certain infrastructures; 4. Taxes on income.

And commercial and Financial Management) the company: 1. Meet the legal provisions and practices regarding the use of cheques, bills, promissory notes, credit cards and other means or methods of payment; 2. Know the forms of credit (Bank, documentary, deposits, mortgages, leasing, rental, invoicing, etc.), as well as the related charges and obligations arising therefrom; 3. Know what is the balance, how and ability to interpret; 4. Be able to read and interpret a profit and loss account; 5. Be able to analyze the financial situation and profitability of the company, in particular on the basis of financial coefficients; 6. Be able to prepare a budget; 26 7. Learn about the different components of its cost prices (fixed costs, variable costs, operating funds, depreciation, etc.) and be able to calculate per vehicle kilometre, trip, or the ton; 8. Be able to draw up an organisation chart and organize plans (relating to all company staff, work plans, etc.); 9. Meet the principles of market research (marketing), sales promotion of transport services, preparation of customer files, advertising, public relations, etc.; 10. Knowing the different types of insurance own road transport (liability insurance) as well as guarantees and obligations that entails; 11. Meet the telematics applications in the field of road transport; 12. Be able to apply rules on invoicing of road haulage services and know the meaning and the purpose of incoterms; 13. Knowing the different categories of transport auxiliaries, your role, their functions and the possibility of your status.

F) access to the activity and the market: 1. Know the regulations on road transport for hire or reward, for the leasing of industrial vehicles, for subcontracting, in particular the rules governing the official organisation of the occupation, access to same, authorisations for intra-Community and extra-road transport, the control and sanctions; 2. Know the regulations on the establishment of a road transport undertaking; 3. Knowing the different documents required for the implementation of the road transport services and vehicle-related, the driver or the merchandise; 4. Know the rules relating to the organisation of the market in the carriage of goods, the administrative treatment of cargo and logistics; 5. Know the border crossing formalities, the role and scope of T documents and TIR Carnets, and the obligations and responsibilities that your use implies.

G) technical standards and exploitation: 27 1. Knowing the rules concerning the weights and dimensions of vehicles in the Member States, as well as the exceptional transport procedures constitute derogations from these rules; 2. Be able to choose on the basis of the needs of the company vehicles and its elements (frame, engine, transmission components, braking systems, etc.); 3. Formalities concerning the receipt, registration and technical control of vehicles; 4. Be capable of studying the measures to be taken against air pollution by emissions from motor vehicles and noise abatement; 5. Be able to draw up periodic maintenance plans for the vehicles and of your equipment; 6. Knowing the different types of handling and loading devices (tailboards, containers, pallets, etc.), procedures and instructions relating to loading and unloading goods (load distribution, stacking, stowing, fastening, etc.); 7. Meet techniques of combined transport (road/rail or ro-ro); 8. Be able to implement procedures for complying with the rules on the transport of dangerous goods and waste, procedures to comply with the rules stemming from Directive 94/55/EC, Directive No. 96/35/EC and Regulation (EEC) No 259/93; 9. Be able to implement procedures for complying with, in particular, to the rules arising from the agreement on the international carriage of perishable foodstuffs and the special equipment to be used in these transport (ATP); 10. Be able to implement procedures for complying with the rules on the carriage of live animals.


H) road safety: 1. Meet the qualifications required for drivers (driving licence, medical certificates, certificates of capacity, etc.); 2. Be able to perform actions to ensure that drivers comply with the rules, prohibitions and restrictions of movement in force in different Member States (speed limits, priorities, stopping and parking, use of lights, road signs, etc.); 28 3. Be able to draw up instructions for drivers concerning the verification of safety standards on the status of vehicles, equipment and cargo and preventive driving; 4. Be able to establish procedures for conduct in the event of an accident and to implement the appropriate procedures to avoid repetition of accidents and serious offences. 29 ANNEX II organisation of the examination for obtaining professional competence 1. The exam for obtaining professional competence consists of a compulsory written examination which may be supplemented by an oral examination to check whether candidates for road hauliers have the required level of knowledge in the subjects listed in Annex i. 2. The compulsory written examination consists of the two events following: 2.1. Multiple-choice questions with four possible answers, questions of direct response, or a combination of the two systems; 2.2. Written exercises/case studies. The minimum duration of each of the two races is 2 hours. 3. In the case of organized an oral exam, this exam participation shall be subject to approval in written evidence. 4. the allocation of points to each test shall be subject to the following criteria: 4.1. If the exam include an oral test, each of the three tests cannot be assigned less than 25% of the total points, or more than 40%; 4.2. If it is organized only a written exam, each event cannot be assigned less than 40% of the total number of test points, or more than 60%. 5. In all of the tests, applicants must obtain an average of at least 60% of the total number of points. The scores obtained in each test shall be not less than 50% of the points awarded to the same, may, however, be reduced to 40% in a single test.