Article 3

1. Undertakings wishing to engage in the occupation of road transport operator shall: be of good repute; be of appropriate financial standing; satisfy the condition as to professional competence. requirement (a) must be satisfied by the person or persons who will continuously and effectively manage the transport operations of the undertaking. Member States may require that other persons in the undertaking also satisfy this requirement, requirement (c) must be satisfied by the person or persons referred to in the first indent. Where the applicant is a natural person and does not satisfy requirement (c), the competent authorities may nevertheless permit him to engage in the occupation of road transport operator provided that he designates to the said authorities another person, satisfying requirements (a) and (c), who shall continuously and effectively manage the transport operations of the undertaking. Where the applicant is not a natural person: 2. Member States shall determine the conditions which must be fulfilled by undertakings established within their territory in order to satisfy the good-repute requirement. They shall provide that this requirement is not satisfied, or is no longer satisfied, if the natural person or persons who are deemed to satisfy this condition under paragraph 1: have been convicted of serious criminal offences, including offences of a commercial nature, have been declared unfit to pursue the occupation of road transport operator under any rules in force, have been convicted of serious, repeated offences against the rules in force concerning: the pay and employment conditions in the profession, or road haulage or road passenger transport, as appropriate, in particular the rules relating to drivers' driving and rest periods, the weights and dimensions of commercial vehicles, road safety and vehicle safety. In the cases referred to under (a), (b) and (c), the good-repute requirement shall remain unsatisfied until rehabilitation or any other measure having an equivalent effect has taken place, pursuant to the existing relevant national provisions. 3. (a) Appropriate financial standing shall consist in having available sufficient resources to ensure proper launching and proper administration of the undertaking. For the purposes of assessing financial standing, the competent authority shall have regard to: annual accounts of the undertaking, if any; funds available, including cash at bank, overdraft and loan facilities; any assets, including property, which are available to provide security for the undertaking; costs, including purchase cost or initial payment for vehicles, premises, plant and equipment, and working capital. The undertaking must have available capital and reserves of at least: ECU 3 000 per vehicle used or ECU 150 per tonne of the maximum authorized weight of the road haulage vehicles used by the undertaking, or ECU 150 per seat of the passenger transport vehicles used by the undertaking, whichever is the lower. Member States may derogate from the first subparagraph in the case of transport undertakings which pursue their activities exclusively on the national market. For the proposes of points (a), (b) and (c), the competent authority may accept as evidence of financial standing confirmation or assurance given by a bank or other suitably qualified establishment. Such confirmation or assurance may be given in the form of a bank guarantee or by any other similar means. Points (b), (c) and (d) shall apply only to undertakings authorized in a Member State, as from 1 January 1990, under national rules, to engage in the activities of road transport operator. 4. The condition relating to professional competence shall consist in the possession of skills demonstrated by passing a written examination, which may take the form of a multiple-choice examination, organized by the authority or body designated for this purpose by each Member State in the subjects listed in Annex I. Member States may exempt from examination applicant road transport operators who provide proof of at least five years' practical experience in a transport undertaking at management level. Member States may exempt the holders of certain advanced diplomas or technical diplomas which provide proof of a sound knowledge of the subjects listed in Annex I to be defined by them from sitting an examination in the subjects covered by the diplomas. A certificate issued by the authority or body referred to in the first subparagraph must be produced as proof of professional competence.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-10 · Text as adopted (Official Journal); later amendments are not incorporated in this text.