¹ This Act governs the business licence for the carriage of passengers and goods by road.

² The right to carry travellers on a regular and professional basis, granted under ss. 6 to 8 of the Law of 20 March 2009 on passenger transport ¹ , is checked out.

For the purposes of this Law:

A.

Passenger transport business by road: Any undertaking which carries, on a professional basis, passengers by means of motor vehicles and offers its services to the public in general or to certain categories of users, the motor vehicles used are appropriate and intended by Their design and equipment for the transport of the driver and more than eight persons; the exclusive carriage of passengers by means of motor vehicles for non-professional purposes and the transport of its own employees by a company Within the transport sector do not constitute an activity within the meaning of this Act;

B. ¹

Freight transport undertaking by road: Any undertaking whose business is to transport goods on a professional basis by means of trucks, articulated vehicles or combinations of vehicles whose total weight in the driving licence exceeds 3.5 tonnes;

C.

Motor vehicle: Any vehicle referred to in s. 7, para. 1, of the Law of 19 December 1958 on Road Traffic ² ;

D. ³

Transport manager: Any natural person who effectively and sustainably directs the transport activities of a road transport undertaking.

¹ The activity of a company transporting passengers and goods by road is subject to the granting of a licence.

² The licence is granted by the Federal Transport Office (OFT).

³ Every vehicle of the undertaking must be permanently equipped with a certified copy of the licence.

⁴ The Federal Council may provide for exceptions to the admission requirement. To this end, it takes into account, inter alia, the provisions 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 ¹ (land transport agreement). ²

¹ Outside the scope of the agreement on land transport ² , the Federal Council may conclude agreements with third countries on international transport as a professional passenger and freight, with the exception of cabotage in Switzerland.

² In these Conventions, it may define to which provisions of this Law foreign road transport undertakings may derogate.

¹ Anyone wishing to obtain a business licence by road must:

A.

Meet the criteria of good repute (art. 5);

B.

Have the required financial capacity (s. 6); and

C.

Have the professional capacity required (s. 7).

² In order for a business to be admitted, the conditions set out in para. 1, let. A and c must be completed by a transport manager:

A.

Who is employed or mandated by the enterprise; and

B.

Who is domiciled in Switzerland or whose place of work is in Switzerland.

³ In order for a natural person to be admitted, the person must meet the conditions set out in para. 1 and carry out the function of transport manager.

⁴ The duties and responsibilities of a person employed or mandated as a transport manager shall be laid down in a written agreement.

⁵ A transport manager working on a mandate can lead up to four companies, with a fleet of more than 50 vehicles. The Federal Council may decide to reduce the number of companies or vehicles.

¹ A person is deemed to be honourable in the last ten years:

A.

Was not convicted of a crime;

B.

Has not committed any serious and repeated offences:

1.

The regulations in force concerning the conditions of remuneration and work of the profession, in particular driving and rest hours for drivers,

2.

The provisions on road traffic relating to safety,

3.

Provisions relating to the construction and equipment of vehicles, in particular to their weight and dimensions.

² Moreover, no serious reason should cast doubt on its good repute.

³ The Federal Council may specify the requirements for good repute. To this end, it takes account of the European law applicable to the transport of passengers and goods. ¹

¹ The financial capacity of a business is guaranteed when the capital and reserves total a specified amount. The number of vehicles is decisive for the calculation of this amount.

² The Federal Council fixes the basic amounts.

¹ In order to fulfil the requirement of professional capacity, the transport manager must pass a knowledge examination required for the exercise of the activity; a certificate of capacity is then issued to him. ¹

² The Federal Council appoints the authority responsible for organising the examinations and determines the matters on which they are to be carried. It may entrust the organisation of examinations to professional associations or similar bodies, under the supervision of the Federal Office for Vocational Training.

³ The authorities or institutions responsible for organising the examinations shall draw up a regulation submitted for approval by the competent federal authority. The Regulation governs in particular the composition of the examination committee, the registration procedure, the programme and the procedures and duration of examinations for each subject, the allocation of notes and the conditions for success.

⁴ The Office responsible for vocational training shall determine the certificates of capacity and diplomas for which the holders are exempt from examination in certain matters. The exemption extends to subjects covered by the certificate of capacity or diploma.

⁵ ... ²

⁶ Persons who have passed a professional examination or a higher professional examination in the field of road traffic are exempt from the examination.

¹ The OFT shall regularly check, at least every five years, whether road transport undertakings fulfil the conditions of grant.

^1bis If there are concrete indications that the conditions for granting the licence are no longer fulfilled, the OFT shall inform the transport undertaking by road, giving it a period of time to prove that the conditions are fulfilled. If such evidence is lacking, the company has a period of six months to comply with the requirements. The OFT may extend this period of up to three months if the transport manager is to be replaced on account of death or illness. ¹

² It shall withdraw or revoke the licence without compensation where one of the conditions is no longer fulfilled or the undertaking has seriously or repeatedly infringed the provisions governing road traffic.

¹ The OFT maintains a register of passenger and freight transport enterprises by road.

² This register shall include:

A.

The name and seat of the business;

B.

Type of licence;

C.

The name of the transport manager;

D.

The number of vehicles.

³ The register shall be accessible to the public.

¹ The OFT maintains a register for the evaluation of the good repute of transport managers.

² It covers the following data:

A.

The data necessary to identify the data subject;

B.

Convictions for acts referred to in s. 5, para. 1;

C.

Administrative measures in respect of acts referred to in s. 5, para. 1;

D.

The grounds questioning the good repute referred to in s. 5, para. 2;

E.

The findings of a review in accordance with s. 8, para. 1, according to which the person concerned no longer meets the requirements for an honority;

F.

The withdrawal or revocation of the licence of the road transport undertaking concerned.

³ The OFT shall provide, upon request, the data referred to in para. 2, let. A, e and f to the competent authorities to admit road transport undertakings in the Member States of the European Union and in third States in accordance with the applicable agreements. It can also make this data available online.

⁴ The OFT destroys the data after ten years.

⁵ The Federal Council rules in particular:

A.

Terms and conditions for online access to the data;

B.

The exercise by the data subject of the right of access to and rectification of data;

C.

Requirements to be met by data security;

D.

Deletion and destruction of data.

⁶ The Federal Council may conclude international treaties on the disclosure of data referred to in para. 3.

The appeal procedure is governed by the general provisions of the federal procedure.

¹ A fine of up to 100 000 francs shall be imposed on any person who, intentionally, carries out an activity in the form of a passenger or goods transport undertaking without a licence.

² If the author acts by negligence, he shall be punished by a fine of not more than 50 000 francs.

³ A person who intentionally or negligently contravening the licence is liable to a fine.

⁴ The Federal Council may declare that infringements of the implementing provisions are punishable.

¹ The OFT is competent to prosecute and try the perpetrators of the infringements of the provisions of Art. 11.

² The procedure is governed by the Federal Act of 22 March 1974 on administrative criminal law. ¹ .

¹ Admission authorizations valid on the entry into force of the modification of September 26, 2014, remain according to the old right in so far as they are not the subject of a withdrawal or revocation under the new right.

² Once this amendment enters into force, physical persons who:

A.

Satisfy the conditions for the granting of the road transport undertaking licence as laid down in Art. 4, para. 1, old right ² ;

B.

As persons exercising leadership within the company, meet the requirements of s. 4, para. 2, old right ³ .

³ Transportation undertakings whose transportation manager does not meet the requirements set out in s. 4, para. 2, must announce to the OFT within one year of the coming into force of this amendment a person who meets these requirements.

⁴ A licence is not required during the two years following the entry into force of this amendment to transport goods using vehicles with a total weight of between 3.5 and 6 tonnes.

The Federal Council shall issue the implementing provisions.