¹ This order shall govern the granting of the licence for a transport undertaking by road, the granting of the certificate attesting to the professional capacity of the heads of road transport undertakings, the requirement to hold the driver's certificate and The granting of this certificate.

² The licences referred to in para. 1 shall be granted to undertakings whose registered office is permanently established in Switzerland and which:

A.

Are entered in the trade register;

B.

As private companies, do not have the obligation to be registered in the trade register; or

C.

As corporations of public law, carry out a professional transport activity.

³ No licence is required to carry out the carriage referred to in Annex 4 of the Agreement on Inland Transport.

To prove good repute, an excerpt from the criminal record of the transport manager must be submitted. This extract must not be earlier than three months.

¹ The financial capacity of a company shall be established when its own capital and reserves amount to at least 11,000 francs for the first vehicle and 6000 francs for each additional vehicle. If the capital and reserves do not reach these amounts, the financial capacity can be secured by means of a bank guarantee.

² Proof of financial capacity shall be established on the basis of the last annual accounts, which shall include the results account, balance sheet and other information prescribed by the code of obligations ¹ .

³ Companies that have been in existence for less than 15 months must also submit:

A.

The opening balance sheet;

B.

A business plan;

C.

Certification of operating credits granted to them;

D.

A list of the charges on the capital of the company, in particular with the rights of pledge, mortgage rights and property reserves.

⁴ The annual accounts or, where appropriate, the opening balance sheet, must be accompanied by a report by the auditors when the code of obligations refers to the preparation of the annual accounts for review.

⁵ The bank guarantee shall provide the amounts necessary for proof of financial capacity for the duration of the licence.

¹ To prove professional capacity, the applicant must submit one of the following documents:

A.

Certificate of capacity referred to in s. 6 and 7;

B.

Valid capacity certificate in the EU;

C.

Certificate of federal capacity as a "federal road transport agent" or "transportation and logistics officer with a federal patent";

D.

A federal diploma of "certified road transport officer" or "responsible for transportation and logistics";

E.

Federal patent for "guide and driver of car".

² If the certificate of capacity is established solely for the carriage of goods or for the carriage of passengers, the licence of the undertaking shall be limited to the sector concerned.

Companies that employ or mandate a transportation manager must attach to their licence application, in addition to the particulars referred to in s. 2 to 4, the following documents:

A.

Confirmation that the transport manager is employed or mandated by the company;

B.

Convention on the duties and responsibilities of the transport manager;

C.

List of other transport undertakings by road on whose behalf the transport operator carries on business.

¹ The following associations may jointly organize professional capacity reviews:

A.

Swiss Road Transport Association;

B.

Union of Public Transport;

C.

The Suisses.

² These associations shall draw up a regulation for which the programme corresponds to Annex I to Regulation (EC) No ^O 1071/2009 ¹ .

³ The certificate of capacity shall be issued only to persons whose domicile or place of work is in Switzerland.

⁴ The Examination Regulations also define the simplified examination and the conditions for admission to that examination in accordance with Art. 8 of Regulation (EC) No ^O 1071/2009.

⁵ The review associations may receive an examination fee, which must be approved by the Federal Transportation Agency (OFT).

⁶ The review regulations must be submitted to the OFT for approval.

¹ The review associations provide the OFT with the name, date of birth, common origin and address of the persons who passed the examination.

² The OFT shall establish the certificates of capacity on the basis of the documents certifying these indications.

³ It withdraws the certificates of capacity that have been obtained unlawfully.

⁴ It shall maintain a public register of holders of certificate of capacity.

¹ Persons engaged in international carriage of goods by road shall hold the driver's certificate issued by the competent authority.

² The driver attestation shall certify that the person engaged in transport by road is engaged or employed in accordance with the applicable requirements, in particular in matters relating to the police of foreigners, social insurance and labour law, to carry out Transport by road.

³ The Federal Department of the Environment, Transport, Energy and Communication may exempt nationals of States applying the principle of reciprocity from the requirement to hold the driver attestation.

¹ The OFT awards the driver's certificate to a Swiss road transport company when the company:

A.

Holds a licence for a road transport undertaking or other authorization for the cross-border traffic of goods; and

B.

Hires or employs drivers in accordance with the applicable requirements, in particular in the field of aliens, social insurance and labour law.

² The driver attestation shall be issued for a maximum of five years and may be renewed.

¹ The OFT shall withdraw the driver attestation when the road transport undertaking:

A.

No longer meets the requirements of s. 9, or

B.

Gave false indications concerning important facts for the granting of the certificate.

² In the case of serious infringements or repeated minor infringements of the applicable provisions, the OFT may refuse to issue the certificate or issue it on certain conditions.

¹ It is mandatory to carry a copy of the license authenticated by the OFT or by the competent authority and driver attestation. These documents must be submitted on request to the supervisory bodies.

² L' al. 1 does not apply if the vehicle is used in the line service subject to s. 6, let. A, of the order of 4 November 2009 on the carriage of passengers ¹ .

For the purposes of identifying transport managers, the OFT shall set out in the register intended for the assessment of the good repute of transport managers (Art. 9 A LEnTR) name, first name, date of birth, place of origin or birth and address.

¹ The OFT may make the data referred to in s. 9 A , para. 3, LEnTR, accessible, by appeal procedure, to the foreign authorities competent to admit the transport undertakings by road, if these authorities have informed it of the point of contact which they have designated.

² Access by procedure of appeal shall be the national contact points designated pursuant to Art. 18 of the Regulation (EC) n ^O 1071/2009 ¹ By the Member States of the EU and the Member States of the EEA.

If a person requests information on the data concerning the data or the rectification of such data, the person shall make the request in writing to the OFT. In her application, she must certify her identity.

If a foreign company infrings Swiss requirements on the carriage of goods or passengers, the OFT shall inform the competent authority abroad if the infringement may result in the withdrawal of the licence. This information may take place electronically.

To be punished by the fine anyone, wilfully or negligently, does not carry the following documents:

A.

Driver attestation;

B.

An authenticated copy of the license.

The Order of 1 ^Er November 2000 on the business licence for the carriage of passengers and goods by road ¹ Is repealed.

This order shall enter into force on 1 ^Er January 2016.