THE REQUIREMENTS OF ROAD TRANSPORT ON BEHALF OF THIRD PARTIES
The definition of road transport on behalf of third parties, provided by our (Italian) legal system, derives from the systematic interpretation of certain regulations.
The first of these is the one dictated by article 40 Act n. 298/1974 which states: "Carriage of goods on behalf of third parties is the business activity that provides transport services in return for payment".
Another important legislative provision is the D.L.vo. n. 395 of 22.12.2000, which is the implementation of the EU Council Directive n. 98/76 / EC of 1st October 1998.
Article. 2, letter a) of D.L.vo n. 286 of 28th November 2011 defines the transport activities on behalf of third parties such as: "the provision of a service, carried out in a professional manner and not instrumental to other activities consisting of transfer of third parties' property on the road by car, upon payment of a fee" .
Article. 2 letter b) of the aforesaid decree also defines the figure haulier as: “the road transport Company registered in the National Register of natural and legal persons exercising the carriage on behalf of for third parties, or otherwise the company that is not established in Italy and that has the authorization to practice international haulage activity or road cabotage in the Italian territory that is part of a contract of carriage of goods.”
To practice road transport of goods for third parties is necessary to meet some requirements, such as:
- the possession of at least a vehicle of title;
- registration in the Haulage Register of the Province where the company has its registered office with prove of meeting the requirements as prescribed by the D.L.vo 395/2000;
- registration to REN (Electronic National) Registry of Motor Vehicles with the prove of meeting the establishment requirement ;
- market access;
- the subject in question must be a transport manager with the task of directing the trucking business activities.
THE REGISTRATION REQUIREMENTS TO THE REGISTER OF ROAD HAULIERS
In order to complete the enrollment in the Register, the company wishing to pursue the road haulage activity on behalf of third parties with vehicles weighing more than 1,5 tons, must fulfill three requirements:
- PROFESSIONAL CAPACITY;
- FINALCIAL CAPACITY.
Companies wishing to conduct business activity with vehicles of whole mass with full charge within the weight of 1.5 tons, must satisfy only the “integrity” requirement.