Rs 744.10 Federal Act Of 20 March 2009 On Transport By Road (Business) Companies

Original Language Title: RS 744.10 Loi fédérale du 20 mars 2009 sur les entreprises de transport par route (LEnTR)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
744.10 federal law on road transport companies * 1 (business) of March 20, 2009 (Status January 1, 2016) the Federal Assembly of the Swiss Confederation, view the art. 63, al. 1, 92 and 95, al. 1, of the Constitution, given the message of the federal Council of February 23, 2005, given the additional message of March 9, 2007, stop: Section 1 scope of application art. 1. this law governs the business license of transport of passengers and goods by road.
The right to carry passengers regularly and on a professional basis, granted under art. 6 to 8 of the Act of March 20, 2009 on passenger transport, is reserved.

RS 745.1 Section 2 of Art. road transport enterprise license 2 definitions for the purposes of this Act, means: a. business of passenger transport by road: any company that transports, professionally, travellers using motor vehicles and offer its services to the public generally or to certain categories of users, used motor vehicles being appropriate and are intended by their design and their equipment to transport the driver and more than eight people; the exclusive transport of travellers using motor vehicles for non-professional purposes and the transportation of its own employees by a company not covered by the transport sector do not constitute an activity within the meaning of this Act; (b) business of carriage of goods by road: any company whose activity is to transport goods through trucks professionally articulated vehicles or combinations of vehicles whose weight total registered in the traffic permit exceeds 3.5 tonnes; c. motor vehicle: any vehicle referred to in art. 7, al. 1, of the Act of 19 December 1958 on road traffic; d. transport Manager: any natural person who directs the activities of a company of transport by road transport effectively and sustainably.

New content according to chapter I of the Federal ACT on Sept. 26. in force since Jan. 1, 2014. 2016 (2015 3191 RO; FF 2013 6441).
RS 741.01 introduced by chapter I of the Federal ACT on Sept. 26. in force since Jan. 1, 2014. 2016 (2015 3191 RO; FF 2013 6441).

Art. 3 license a business activity of transport of passengers and goods by road is subject to the granting of a license.
The licence is granted by the federal Office of transport (FOT).
Each company vehicle must have a certified copy of the license permanently.
The federal Council may provide for exceptions to the requirement for admission. To do this, it takes particular account of 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 (agreement on land transport).

RS 0.740.72 new content according to chapter I of the Federal ACT on Sept. 26. in force since Jan. 1, 2014. 2016 (2015 3191 RO; FF 2013 6441).

Art. 3aTransport international passenger and goods outside the scope of the agreement on land transport, the federal Council may conclude with third countries of the conventions on the international transport for business travellers and goods, with the exception of cabotage in Switzerland.
In these conventions, it can define to which provisions of this Act the foreign companies of transport by road may derogate.

Introduced by chapter I of the Federal ACT on Sept. 26. in force since Jan. 1, 2014. 2016 (2015 3191 RO; FF 2013 6441).
SR 0.740.72 art. 4Conditions anyone who wants to get a road transport enterprise license must: a. meet the criteria of good repute (art. 5); (b) have the required financial capacity (art. 6); etc. have the professional capacity required (art. 7).

Before a company can be admitted, the conditions referred to in para. 1, let. a and c must be met by a transport Manager: a. who is employee of the company, or mandated by the Commission; ETB. who is domiciled in Switzerland or whose place of work is in Switzerland.

A natural person can be admitted, it must meet the conditions referred to in para. 1 and serve as transport Manager.
The duties and responsibilities of a person employed or authorized as transport Manager are laid down in a written agreement.
A working mandate transport manager can run four companies at the most, with a fleet not exceeding 50 vehicles. The federal Council may decide to reduce the number of firms or vehicles.

New content according to chapter I of the Federal ACT on Sept. 26. in force since Jan. 1, 2014. 2016 (2015 3191 RO; FF 2013 6441).

Art. 5 integrity a person is deemed Honourable when over the past ten years: a. it was not convicted for crime; b. She has not committed to serious and repeated offences: 1 to the regulations in force regarding the terms of compensation and work of the profession, including the hours of driving and rest of drivers, 2 the provisions on road traffic safety 3. to the provisions relating to the construction and equipment of vehicles, including their weight and their size.

In addition, no serious reason must be questioned his integrity.
The federal Council may specify the requirements for good repute. To do this, it takes account of the European law applicable to the transport of passengers and goods.

Introduced by chapter I of the Federal ACT on Sept. 26. in force since Jan. 1, 2014. 2016 (2015 3191 RO; FF 2013 6441).

Art. 6 financial capability financial capability of a company is guaranteed when the own capital and reserves total an amount determined. The number of vehicles is decisive for the calculation of this amount.
The federal Council shall determine the amounts of base.

Art. 7 professional capability to meet the requirement of professional ability, the transport manager must pass an exam covering knowledge required for the exercise of the activity; He is awarded a certificate of capacity.
The federal Council designates the authority to organize reviews and determines the raw materials on which they must wear. He can entrust the Organization of examinations in professional associations or similar organizations, under the supervision of the federal office responsible for vocational training.
Authorities or institutions to organize exams establish a regulations submitted to the approval of the competent federal authority. The regulation particularly regulates the composition of the review board, the registration process, the program and the terms and duration of the exams for each subject, the award notes and the conditions for success.
The agency responsible for vocational training determines ability certificates and graduates whose holders are exempt from examination in certain subjects. The exemption extends to materials whose program is covered by the certificate of ability or degree.

The people who passed a professional examination or a higher professional examination in the field of road traffic are exempted from the review.

New content according to chapter I of the Federal ACT on Sept. 26. in force since Jan. 1, 2014. 2016 (2015 3191 RO; FF 2013 6441).
Repealed by no I of the Federal ACT on Sept. 26. with effect from Jan. 1, 2014. 2016 (2015 3191 RO; FF 2013 6441).

Art. 8 withdrawal and revocation of the license of the OFT checks regularly, at least all five years, if road transport companies meet the licensing conditions.
If concrete evidence suspect that the terms of the licence are no longer met, the OFT informs the company of transport by road giving him a deadline to prove that the conditions are met. If this evidence is lacking, the company has six months to get back in compliance with the prescriptions. The OFT may extend this period by three months if the transport manager must be replaced due to death or illness.
It removes or revokes the licence without compensation when a condition is no longer fulfilled or that the company broke seriously or repeatedly the provisions governing road traffic.

Introduced by chapter I of the Federal ACT on Sept. 26. in force since Jan. 1, 2014. 2016 (2015 3191 RO; FF 2013 6441).

Art. 9Registre of carriers by road the FOT maintains a register of companies of transport of passengers and goods by road.
This register contains: a. the name and the seat of the company; b. license type c. the name of the transport Manager; (d) the number of vehicles.

The registry is open to the public.

New content according to chapter I of the Federal ACT on Sept. 26. in force since Jan. 1, 2014. 2016 (2015 3191 RO; FF 2013 6441).

Art. 9aRegistre designed for the assessment of the good repute of transport the OFT managers maintains a register for evaluation of the good repute of transport managers.
He treats the following data:

a. the data necessary for the identification of the person concerned; b. the convictions for the acts referred to in art. 5, al. 1; c. administrative measures sanctioning the acts referred to in art. 5, al. 1; d. the grounds questioning repute referred to in art. 5, al. 2; e. the findings made during a review in accordance with art. 8, al. 1, according to which the person no longer meets the requirements for good repute; f. the withdrawal or revocation of the license of the affected road transport company.

The OFT provides, on request, the data referred to in para. 2, let. a, e and f to the competent authorities to admit by road transport undertakings in the Member States of the European Union and in third countries in accordance with the applicable agreements. It can also make these data available online.
The OFT destroyed the data after 10 years.
The federal Council sets including: a. the terms of access online data; (b) the exercise by the person concerned, of the right of access and rectification of these; c. the requirements that must meet the data security; d. time of deletion and destruction of data.

The federal Council may conclude international treaties on communication data referred to in para. 3. introduced by chapter I of the Federal ACT on Sept. 26. in force since Jan. 1, 2014. 2016 (2015 3191 RO; FF 2013 6441).

Art. 10 appeal procedure the appeal procedure is governed by the General provisions of the Federal procedure.

Section 3 provisions criminal art. 11Contraventions is punished with a fine of 100,000 francs to most anyone, intentionally, doing an activity of a business to transport passengers or goods by road without a license.
If the author acts negligently, shall be punished for a fine of 50,000 francs at most.
Be punished with a fine anyone who, intentionally or by negligence, contravenes the license.
The federal Council may declare punishable offences in the implementing provisions.

New content according to chapter I of the Federal ACT on Sept. 26. in force since Jan. 1, 2014. 2016 (2015 3191 RO; FF 2013 6441).

Art. 12 jurisdiction and procedure the OFT is responsible to pursue and try the perpetrators of violations of the provisions of art. 11. the procedure is governed by the Federal law on administrative penal law on March 22, 1974.

RS 313.0 Section 4 provisions final art. Transitional 12aDispositions of the change on September 26, 2014 valid authorizations for admission at the entry into force of the amendment on September 26, 2014 remain according to the old law insofar as they are not the object of a withdrawal or revocation under the new law.
Once this amendment entered into force, are considered as transport managers individuals who: a. meet the licensing conditions of the road transport enterprise license attached to the art. 4, al. 1, the old law; b. as long as people exercising a leadership role within the company, satisfied the requirements of art. 4, al. 2, the old law.

Road transport companies which the transport Manager does not meet the requirements referred to in art. 4, al. 2, must announce to the OFT in the year following the entry into force of this amendment a person who meets these requirements.
A license is not necessary during the two years following the entry into force of this amendment to carry out transport of goods using vehicles whose total weight is located between 3,5 and 6 tonnes.

Introduced by chapter I of the Federal ACT on Sept. 26. in force since Jan. 1, 2014. 2016 (2015 3191 RO; FF 2013 6441).
2009 5651 2009 5651 Art. RO RO 13 run the federal Council shall issue implementing provisions.

Introduced by chapter I of the Federal ACT on Sept. 26. in force since Jan. 1, 2014. 2016 (2015 3191 RO; FF 2013 6441).

Date of entry into force: 1 January 2010 RO 2009 5651 * terms for individuals apply to women and men.
Annex 2 of the Act of March 20, 2009, on the reform of the railways 2 (RO 2009 5597).
RS 101 FF 2005 2269 FF 2007 2517 new content according to chapter I of the Federal ACT of Sept. 26. in force since Jan. 1, 2014. 2016 (2015 3191 RO; FF 2013 6441).
ACF on nov 4. 2009 (RO 2009 5628) status January 1, 2016