Commercial road haulage; application for a permit

Road haulage is the commercial or paid transportation of goods with motor vehicles that have a permissible total weight of more than 3.5 tons, including trailers.

Commercial road haulage generally requires a permit. The so-called "Werkverkehr", i.e. road haulage for a company's own purposes, does not require a permit. Contract haulage does not require a permit if

• the transported goods are the property of the company or have been sold, purchased, leased, rented, manufactured, produced, extracted, processed or repaired by the company,
• the transportation serves the delivery of the goods to the company, their dispatch from the company, their transfer within the company or for personal use outside the company,
• the motor vehicles used for the transportation are driven by the company's own personnel or by personnel made available to the company under a contractual obligation, and
• the transportation is only an ancillary activity in the context of the company's overall activity.

If the goods are only transported in Germany, you require a permit for vehicles over 3.5 tons (in accordance with Section 3 of the Road Haulage Act). The permit for national commercial road haulage can be issued for a limited period, subject to conditions or with conditions. The permit can be issued for a period of validity of up to 10 years.

However, if you want to transport goods across borders with motor vehicles over 2.5 tons, you need a so-called Community license. For cross-border journeys with motor vehicles over 2.5 tons within the European Union, the European Economic Area (EEA) and Switzerland, a Community license is required (EU license) and, if applicable, a driver's certificate for nationals of a third country.

For commercial road haulage with countries outside the European Economic Area, you require bilateral permits or so-called CEMT permits in addition to the national permit for the German part of the route (permit for commercial road haulage or Community license) for parts of the route in third countries.

If you are driving into or through Switzerland as part of commercial road haulage, you need a valid Community license.

The national permit is issued to an operator whose company is actually and permanently based in Germany if

• the operator and the person appointed to manage the road haulage business (transport manager) are reliable,
• the financial capacity of the company is guaranteed and
• the entrepreneur or the person appointed to manage the road haulage business is professionally qualified.

The company requires equity capital plus reserves. The amount of capital is determined by the number of vehicles intended for use. For the first vehicle, the entrepreneur requires equity capital of EUR 9,000, for each additional vehicle EUR 5,000. This also applies to the use of rental vehicles.

A person is professionally qualified if he or she has passed a professional qualification test. All final examinations previously recognized as equivalent shall continue to be deemed equivalent if they were started or completed before 4 December 2011.

Persons who have worked continuously (for at least ten years) in a managerial position in a road haulage company between December 4, 1999 and December 4, 2009 are also qualified.

A Community license for international road ha ulage is issued if

• the operator and the transport manager are reliable
• the financial capacity of the company is guaranteed and
• the operator or the transport manager is professionally qualified.

The entrepreneur must also provide proof of capital and reserves for international road haulage with motor vehicles over 2.5 tons.

The following applies:

• EUR 9,000 for the first vehicle used
• EUR 5,000 for each additional vehicle over 3.5 tons used
• EUR 900 for each additional vehicle used over 2.5 tons (up to 3.5 tons)

However, if you only intend to transport goods across borders with vehicles of 2.5 tons to 3.5 tons, you must pay

• EUR 1 800 for the first vehicle used and
• EUR 900 for each additional vehicle used.

Proof of professional competence must also be provided for international road haulage. This also applies if you only want to use vehicles of 2.5 tons. Here, too, professional aptitude may be given if it can be proven that you or the transport manager have worked in a managerial position in a road haulage company without interruption for a period of ten years prior to August 20, 2020.

You must apply for the national road haulage permit or the Community license (EU license) from the transport authority responsible for your place of business.

You can obtain the application form from the competent transport authority. Online services are also available, depending on the services offered by the authority.

Complete the application form in full and submit it with the required documents.

The competent transport authority will give the following institutions the opportunity to comment:

• the Federal Office for Goods Transport,
• the Chamber of Industry and Commerce
• the relevant trade union and
• the transport industry association.

After the deadline for comments has expired, the competent transport authority will decide on your application. You will receive a decision.

• A CEMT permit is required for cross-border commercial road haulage and removal traffic in the community of CEMT member states (over 30 states in Europe).
  -> The Federal Office for Goods Transport, Werderstraße 34, 50672 Cologne, Germany, Tel.: 0221/57 76-0, Fax: 0221/57 76-1777, E-Mail: poststelle@bag.bund.de is responsible for issuing these permits.
  
• A bilateral permit is required for cross-border road haulage with third countries.
  -> The government of the Upper Palatinate, Emmeramsplatz 8/9, 93047 Regensburg, Tel.: 0941/56 80-0, Fax: 0941/56 80-188, is responsible for the majority of countries.

If road haulage for own purposes is permitted, the company operating road haulage is obliged to register its company with the Federal Office for Goods Transport, Werderstraße 34, 50672 Cologne, before commencing the first transport operation.

• Documents for the applicant company:
  
  • Extract from the commercial, partnership, cooperative or association register, if a corresponding entry exists
  • for GbR companies: Extract from the GbR contract
  • Proof of authorization to represent the company if a person other than the applicant is professionally qualified to do so
  • Proof of reliability:
    • Certificate of good conduct for the person authorized to represent the company (not older than three months)
    • Information from the central trade register for the person authorized to represent (not older than three months)
    • Information from the driving aptitude register for the person authorized to represent (not older than three months)
  • Proof of financial capacity:
    • Clearance certificate from the tax office (not older than three months)
    • Clearance certificate from the municipality (not older than three months)
    • Clearance certificate from the health insurance company (not older than three months)
    • Clearance certificate from the Berufsgenossenschaft Verkehrswirtschaft, Post-Logistik, Telekommunikation (BG Verkehr) (not older than three months)
    • Equity certificate as proof of financial capacity in commercial road haulage (Annex 2 of the General Administrative Regulation on Road Haulage Law (GüKVwV)) and
    • if necessary, additional certificate to prove financial capacity in commercial road haulage (Annex 3 of the General Administrative Regulation on Road Haulage Law (GüKVwV))
  • Proof of professional aptitude:
    • Certificate of having passed the IHK professional qualification examination or an equivalent recognized final examination or
    • Proof of at least 10 years of managerial activity in a road haulage company (the Chamber of Industry and Commerce responsible for you will check whether the requirements are met)
• Documents for persons appointed to manage road haulage operations:
  
  • Proof of reliability:
    • Certificate of good conduct (not older than three months)
    • Information from the central trade register (not older than three months)
    • Information from the driving aptitude register (not older than three months)
  • Proof of professional aptitude:
    • Certificate of having passed the IHK professional qualification examination or an equivalent recognized final examination or
    • Proof of at least 10 years of managerial activity in a road haulage company (the Chamber of Industry and Commerce responsible for you will check whether the requirements are met)
  • Proof of financial standing:
    • Clearance certificate from the health insurance company (not older than three months)
  • Proof of employment

National license for commercial road haulage: EUR 120.00 - 700.00

Community license: EUR 120.00 - 700.00

Further costs are incurred for information from the registers and for the preparation of other certificates.