Rs 744.103 Order Of 2 September 2015 On The Enterprise License Of Transport Of Passengers And Goods By Road (Otvm)

Original Language Title: RS 744.103 Ordonnance du 2 septembre 2015 sur la licence d’entreprise de transport de voyageurs et de marchandises par route (OTVM)

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744.103 order on the business license of transport of passengers and goods by road (OTVM) of 2 September 2015 (Status January 1, 2016) the Swiss federal Council, view the art. 6, al. 2, 7, al. 2, 9, art. 5, 11, al. 4, and 13 of the Federal Act of 20 March 2009 on transport by road (business) companies, view of art. 5 of the agreement of 21 June 1999 between the Swiss Confederation and the European Community on the carriage of goods and passengers by rail and road (agreement on land transport), stop: Section 1 purpose art. 1. the Ordinance governs the licensing of company of transport by road, the granting of the certificate of professional capacity of business leaders of road transport, the requirement to hold the driver attestation and the granting of this certificate.
The licences referred to in para. 1 are granted to companies with the actual seat is permanently established in Switzerland and who: a. are entered in the register of commerce; b as individual companies, do not have the obligation to be registered in the commercial register; OUC. as corporations under public law, carry out a professional activity of transport.

No license is required to perform the transport referred to in annex 4 of the agreement on land transport.

Section 2 Licence art. 2 proof of good repute to prove integrity, you must present an extract from the criminal record of the transport Manager. This extract must not be older than three months.

Art. 3 proof of financial capability financial capability of a company is established when its own capital and its reserves amount to 11 000 francs at least for the first vehicle and 6000 francs for each additional vehicle. If own capital and reserves do not reach these amounts, the financial capacity can be achieved using a bank guarantee.
The proof of financial capability is established on the basis of the latest annual accounts, which include income statement, balance sheet and other information prescribed by the code of obligations.
The companies that have existed for less than 15 months must present in addition: a. opening balance sheet; b. an operating plan; c. attestations concerning the operating lines of credit granted to them; d. a list of charges against the capital of the company, including rights of pledge, real estate pledge rights and property stocks.

The accounts or, if necessary, the opening balance sheet, must be accompanied by a report of the Auditors when the code of obligations shall submit the annual accounts to review.
The bank guarantee ensuring the amounts needed for the proof of financial capability for the duration of the license.

RS 220 art. 4 evidence of the professional ability to prove his professional capacity, the applicant must submit one of the following documents: a. certificate of capacity referred to in art. 6 and 7 b. valid certificate in the EU; c. federal certificate of capacity of "transport by road with federal patent agent" or "transport and logistics officer with federal patent"; d. federal diploma of 'responsible for graduate road transport' or 'responsible transport and Logistics'; e. federal patent of 'guide and driver of car '.

If the certificate of capacity is established only for the transport of goods or passenger transport, the license of the company is limited to the sector concerned.

Art. 5 specific evidence for the transport manager businesses which employ or appoint a transport manager must join their licence application, in addition to the indications referred to in art. 2 to 4, the following documents: a. confirmation that the transport Manager is used or mandated by the company; (b) agreement on the tasks and the responsibilities of the transport manager; c. list of other road transport companies on behalf of which the transport manager operates.

Section 3 the certificate of capacity art. 6 the review process the following associations can jointly organize examinations for professional ability: a. Swiss Road Transport Association; b. public; c Transport Union. The Swiss road.

These associations establish an exam regulations which program corresponds to annex I to Regulation (EC) n 1071/2009.
Capacity certificate is issued only to people whose home or place of work is in Switzerland.
The exam regulations also defines the streamlined review and the conditions for admission to this review in accordance with art. 8 of Regulation (EC) n 1071/2009.
Associations review may charge a fee to review; It must be approved by the federal Office of transport (FOT).
The exam regulations must be submitted to the OFT for approval.

Regulation (EC) n 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules on the conditions for exercising the profession of road transport, and repealing directive 96/26/EC of the Council, OJ L 300 of the 14.11.2009, p. 51; amended lastly by Regulation (EU) n 517/2013, OJ L 158 of the 10.6.2013, p. 1.

Art. 7 issue of the certificate of capacity associations review shall communicate to the FOT the name, date of birth, common of origin and addresses of the persons who have passed the exam.
The OFT establishes certificates of ability on the basis of these guidance documents.
It removes the ability certificates that were obtained illegally.
He keeps a public register of holders of certificate of capacity.

Section 4 Art. driver Attestation 8 requirement to hold the driver attestation people who perform professionally on the international transport of goods by road must have the driver attestation issued by the competent authority.
The driver attestation shall certify that the person making a road transport is hired or used according to the requirements, including policing of foreigners, social insurance and labour law, to perform in road transport.
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.

Art. 9 grant and validity the OFT gives the driver attestation to a Swiss road transport when company the company: a. holds a road transport enterprise license or other authorization to cross-border traffic of goods; ETB. engages or employs the drivers in accordance with the applicable requirements, including policing of foreigners, social insurance and labour law.

The driver attestation is issued for a period of up to five years and may be renewed.

Art. 10 withdrawal and refusal the OFT withdraws the driver attestation when road transport company: a. no longer meets the conditions of art. 9, forgotten the source. has given wrong indications concerning important facts for the grant of the certificate.

Serious offences or minor offences, repeated to the applicable provisions, the OFT can refuse to issue the certificate or deliver it under certain conditions.

Section 5 Port of the mandatory documents art. 11. it is compulsory to carry a copy of the license that is authenticated by the OFT or by the competent authority and the driver attestation. These documents must be presented on request to the supervisory bodies.
The al. 1 does not apply if the vehicle is used in line service subject to concession within the meaning of art. 6, let. a, of the order of November 4, 2009 on passenger transport.

RS 745.11 Section 6 registry aimed at assessing the good repute of transport managers art. 12 identification data identification for transport management purposes, the OFT shall record in the register for evaluation repute of managers of transport (article 9 a business) their name, first name, date of birth, place of origin or of birth and address.

Art. 13 access appeal the OFT may make the data referred to in art. 9, art. 3, accessible business, by appeal to foreign authorities to admit the road transport companies, if these authorities indicated the point of contact that they have nominated.
Have access by appeal procedure the national contact points designated pursuant to art. 18 of Regulation (EC) n 1071/2009 by the Member States of the EU and the EEA Member States.

CF. footnote page about art. 6, al. 2 art. 14 right of access and rectification if a person asks for information on their data or correction of such data, it must make the request in writing to the OFT. In its application, it must certify its identity.

Section 7 Information to foreign authorities art. 15. If a foreign company violated regulations on the transport of goods or passengers, the OFT shall inform the competent authority abroad if the offence may result in withdrawal of the license. This information can take place electronically.

Section 8 available criminal art. 16

Will be punished by the fine anyone, intentionally or by negligence, is not a carrier of the following documents: a. the driver attestation; b. a copy authenticated license.

Section 9 provisions final art. 17 repeal of another act the order of 1 November 2000 on the passenger transport enterprise license and road freight is repealed.

[RO 2000 2890, 2003 2484 2009 5959 ch. I 7]

Art. 18 entry into force this order comes into force on January 1, 2016.

2015 3197 RS RS 0.740.72 744.10 RO

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