Directive 2006/1/EC of the European Parliament and of the Council of 18 January 2006 on the use of vehicles hired without drivers for the carriage of goods by road (codified version) (Text with EEA relevance)

• Published date: 04 February 2006
• Subject Matter: ravvicinamento delle legislazioni,trasporti,Mercato interno - Principi,aproximación de las legislaciones,transportes,Mercado interior - Principios,rapprochement des législations,transports,Marché intérieur - Principes
• Official Gazette Publication: Gazzetta ufficiale dell’Unione europea, L 33, 04 febbraio 2006,Diario Oficial de la Unión Europea, L 33, 04 de febrero de 2006,Journal officiel de l’Union européenne, L 33, 04 février 2006

4.2.2006 EN Official Journal of the European Union L 33/82

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DIRECTIVE 2006/1/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 18 January 2006

on the use of vehicles hired without drivers for the carriage of goods by road

(codified version)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

(1) Council Directive 84/647/EEC of 19 December 1984 on the use of vehicles hired without drivers for the carriage of goods by road (3) has been substantially amended (4). In the interests of clarity and rationality the said Directive should be codified.

(2) From a macroeconomic point of view, the use of hired vehicles permits, in certain situations, an optimum allocation of resources by limiting the wasteful use of factors of production.

(3) From a microeconomic point of view, this possibility brings an element of flexibility to the organisation of transport, and thus increases the productivity of the undertakings concerned.

(4) This Directive should be without prejudice to the obligations of the Member States concerning the time-limits for transposition into national law of the Directives set out in Annex I, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

For the purposes of this Directive:

(a) ‘vehicle’ means a motor vehicle, a trailer, a semi-trailer, or a combination of vehicles intended exclusively for the carriage of goods;

(b) ‘hired vehicle’ means any vehicle which, for remuneration and for a determined period, is put at the disposal of an undertaking which engages in the carriage of goods by road for hire or reward or for its own account on the basis of a contract with the undertaking which makes the vehicles available.

Article 2

1. Each Member State shall allow the use within its territory, for the purposes of traffic between Member States, of vehicles hired by undertakings established on the territory of another Member State provided that:

(a) the vehicle is registered or put into circulation in compliance with the laws in the latter Member State;

(b) the contract relates solely to the hiring of a vehicle without a driver and is not accompanied by a service contract concluded with the same undertaking covering driving or accompanying personnel;

(c) the hired vehicle is at the sole disposal of the undertaking using it during the period of the hire contract;

(d) the hired vehicle is driven by personnel of the undertaking using it.

2. Proof of compliance with the conditions referred to in paragraph 1, points (a) to (d) shall be provided by the following documents, which must be on board the vehicle:

(a) the contract of hire, or a certified extract from that contract giving in particular the name of the lessor, the name of the lessee, the date and duration of the contract and the identification of the vehicle;

(b) where the driver is not the person hiring the vehicle, the driver's employment contract or a certified extract from that contract giving in particular the name of the employer, the name of the employee and the date and duration of the employment contract or a recent pay slip.

If need be, the documents referred to in (a) and (b) may be replaced by an equivalent document issued by the competent authorities of the Member State.

Article 3

1. Member States shall take the necessary measures to ensure that their undertakings may use, for the carriage of goods by road, under the same conditions as vehicles owned by them, hired...