Commercial Motor Carrier Transportation; Applying for a Permit

Freight transport by road is the commercial or for-hire transportation of goods by motor vehicles. An empty run carried out in connection with cross-border commercial road freight transport that is subject to authorization under a European Union legal act or an international agreement is considered road freight transport.

Commercial road freight transport generally requires a permit. So-called “own-account transport” is not subject to this requirement.

Any business operator based in Germany that engages in commercial road freight transport must hold a Community license issued by a German authority (Section 3 of the Road Freight Transport Act).

So-called “own-account transport”—that is, the carriage of goods by road for a company’s own purposes—does not require authorization under freight transport law if

• the goods being transported are the property of the business operator or have been sold, purchased, leased, rented, manufactured, produced, extracted, processed, or repaired by the business operator,
• the transport serves to deliver the goods to the company, to ship them from the company, or to move them within the company or for the company’s own use outside the company,
• the motor vehicles used for the transport are driven by the company’s own personnel or by personnel made available to the company under a contractual obligation, 
• the vehicles transporting the goods belong to the business or have been purchased on an installment basis or leased by it; and
• provided that the transportation constitutes only an ancillary activity within the scope of the company’s overall operations.

For domestic freight transport, an exception applies with a weight limit of 3.5 metric tons (Section 2(1)(10) of the Road Freight Transport Act).

However, if you wish to transport goods across borders using motor vehicles weighing more than 2.5 metric tons, you will need a Community license (Art. 1(5)(ca) of Regulation (EC) No. 1072/2009).  

For commercial road freight transport involving countries outside the European Economic Area, Switzerland, or the United Kingdom, you will need bilateral permits or so-called CEMT permits in addition to the Community license for the portions of the route in third countries.

Acommunity license is granted if

• the operator and the transportation manager are trustworthy,
• the company’s financial capacity is assured, and
• the operator or the transportation manager is professionally qualified.

The operator must also demonstrate capital and reserves for cross-border freight transport by motor vehicles weighing over 2.5 metric tons.

The following applies:

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

However, if you intend to engage only in cross-border freight transport using vehicles weighing between 2.5 metric tons and 3.5 metric tons, you must provide

• provide proof of 1,800 EUR for the first vehicle used and
• 900 EUR for each additional vehicle used.

Professional competence must also be demonstrated for cross-border freight transport by road. This applies even if you intend to use only vehicles weighing 2.5 metric tons. Here, too, professional competence may be deemed to exist if you can demonstrate that you or the transportation manager worked continuously in a managerial position at a road freight transport company for a period of ten years prior to August 20, 2020.

You must apply for the Community license (EU license) from the transportation authority responsible for your place of business.

You can obtain the application form from the relevant transportation authority. Depending on the services offered by the authority, online services may also be available.

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

The competent transportation authority will give the following entities the opportunity to comment:

• the Federal Office for Logistics and Mobility,
• the Chamber of Industry and Commerce,
• the relevant trade union, and
• the Transportation Industry Association.

After the deadline for comments has passed, the competent transportation authority will decide on your application. You will receive a written notice.

• A CEMT permit is required for commercial road transport operations in which the loading and unloading locations are in two different CEMT member states (more than 30 countries in Europe).
  -> The Federal Office for Logistics and Mobility, Berlin Permit Issuance Office, is responsible for issuing these permits,
  balm-berlin@balm.bund.de
   
• A bilateral permit is required for cross-border freight transport by road with third countries.
  -> The Federal Office for Logistics and Mobility, Berlin Permit Issuance Office, is responsible for issuing these permits,
  balm-berlin@balm.bund.de

If in-house transport—defined as the transport of goods for the company’s own purposes—is exempt from licensing requirements, the operator conducting such in-house transport is required to register their company with the Federal Office for Logistics and Mobility before commencing the first shipment.

• Documents for the applicant company:
  
  • Extract from the Commercial Register, Partnership Register, Cooperative Register, or Association Register, provided that a corresponding entry exists
  • For GbR partnerships: Extract from the GbR partnership agreement
  • Proof of authority to represent the entity, if a person other than the applicant possesses the required professional qualifications
  • Proof of good character:
    • Certificate of good conduct for the person authorized to represent the entity (not older than three months)
    • Information from the Central Trade Register for the person authorized to represent the entity (not older than three months)
    • Extract from the Driver Fitness Registry for the person authorized to represent the entity (not older than three months)
  • Proof of financial capacity:
    • Certificate of good standing from the tax office (not older than three months)
    • Certificate of good standing from the municipality (not older than three months)
    • Certificate of good standing from the health insurance provider (not older than three months)
    • Certificate of good standing from the Occupational Safety and Health Association for the Transportation, Postal, Logistics, and Telecommunications Industries (BG Verkehr) (not older than three months)
    • Certificate of equity capital to prove financial capacity in commercial motor carrier operations (Appendix 2 of the General Administrative Regulation on Motor Carrier Law (GüKVwV)) and
    • if required, a supplementary certificate proving financial capacity for commercial motor carrier operations (Annex 3 of the General Administrative Regulation on Motor Carrier Law (GüKVwV))
  • Proof of professional competence:
    • Certificate of passing the IHK professional competence examination or an equivalent recognized final examination, or
    • Proof of at least 10 years of managerial experience in a commercial freight transport company (the Chamber of Industry and Commerce with jurisdiction over you will verify whether the requirements are met)
• Documents for individuals appointed to manage road freight transport operations:
  
  • Proof of good character:
    • Certificate of Good Conduct (issued within the last three months)
    • Extract from the Central Trade Register (not older than three months)
    • Extract from the Driver Fitness Registry (not older than three months)
  • Proof of professional competence:
    • Certificate of passing the IHK professional qualification exam or an equivalent recognized final exam, or
    • Proof of at least 10 years of managerial experience in a motor carrier company (the Chamber of Industry and Commerce with jurisdiction over you will verify whether the requirements are met)
  • Proof of financial capacity:
    • Certificate of good standing from the health insurance provider (not older than three months)
  • Proof of employment

Group License: 120.00–700.00 EUR

Additional costs apply for information from the registries and for the preparation of other supporting documents.