Commercial road haulage; application for a permit

Road haulage is the transportation of goods by motor vehicle on a commercial basis or for a fee. An empty journey carried out in connection with international commercial road haulage that is subject to authorization under a legal act of the European Union or under an international agreement is deemed to be road haulage.

Commercial road haulage generally requires a permit. So-called own-account transport does not require a permit.

Anyone who carries out commercial road haulage as an entrepreneur based in Germany requires a Community license issued by a domestic authority (Section 3 of the Road Haulage Act).

No authorization under freight transport law is required for so-called own-account transport, i.e. road haulage for a company's own purposes, if

• the transported goods are the property of the entrepreneur or have been sold, purchased, leased, rented, manufactured, produced, extracted, processed or repaired by him,
• 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 vehicles used for transportation 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 company or have been purchased or rented by it on account; and
• because transportation is only an ancillary activity within the overall activity of the company.

A weight limit of 3.5 tons applies as an exception for national goods transports (Section 2 (1) No. 10 of the Road Haulage Act).

However, if you want to transport goods across borders with motor vehicles over 2.5 tons, you need a Community license (Art. 1 (5) (ca) of Regulation (EC) No. 1072/2009).

For commercial road haulage with countries outside the European Economic Area, Switzerland or the United Kingdom, you need bilateral permits or so-called CEMT permits in addition to the Community license for route shares in the third countries.

A Community license is issued if

• the contractor and the transport manager are reliable,
• the financial performance of the company is guaranteed and
• the contractor or the transport manager is professionally qualified.

The entrepreneur must also provide proof of capital and reserves for cross-border 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

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

Professional suitability must also be proven for cross-border road haulage. This also applies if you only want to use vehicles with 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.

• 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 if a person other than the applicant is professionally qualified
• Proof of reliability:
  • Certificate of good conduct for the person authorized to represent you (not older than three months)
  • Information from the central trade register for the person authorized to represent the company (not older than three months)
  • Information from the driving aptitude register for the person authorized to represent you (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 required, 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 suitability:
  • Certificate of successful completion of the IHK professional 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 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 suitability:
  • Certificate of successful completion of the IHK professional 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 capacity:
  • Clearance certificate from the health insurance company (not older than three months)
• Proof of the employment relationship

Community license: 120,00 - 700,00 EUR

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

• § Section 3 of the Road Haulage Act (GüKG)
• § 10 Professional Access Ordinance for Road Haulage (GBZugV)
• General administrative regulation on road haulage law (GüKVwV)
• Art. 3 and 4 Regulation (EC) No. 1072/2009 of the European Parliament and of the Council of October 21, 2009 on common rules for access to the international road haulage market (recast)

  Version dated 11/14/2009

• Art. 3 Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC

  Version dated 11/14/2009

• Ordinance on International Road Haulage and Cabotage (GüKGr.KabotageV)
• Cost Ordinance for Road Haulage (GüKKostV)

• Federal Office for Goods Transport
• Government of the Upper Palatinate

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

You can obtain the application form from the relevant traffic authority. Online services are also available, depending on what the authority offers.

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

The competent transport authority gives the following institutions the opportunity to comment:

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

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

• A CEMT permit is required for commercial road transport operations where the loading and unloading points are located in two different CEMT member states (over 30 countries in Europe).
  -> The Federal Office of Logistics and Mobility, Berlin Permit Office,
  balm-berlin@balm.bund.de, is responsible for issuing these permits.
   
• A bilateral permit is required for cross-border road haulage with third countries.
  -> The Federal Office of Logistics and Mobility, Berlin Permit Office,
  balm-berlin@balm.bund.de is responsible for issuing these permits.

If road haulage for the company's own purposes does not require a permit, the company operating road haulage is obliged to register its company with the Federal Office of Logistics and Mobility before the first transport operation begins.

• Cross-border road haulage; application for a driver attestation
• Transportation of dangerous goods; application for a special permit, route determination and other