Cargo transport licence

Documents required to obtain a cargo transport license.

Contents:

I. Who issues transport licenses in Romania and under what conditions?

II. What are the documents required to obtain the authorization to transport goods on the territory of the country?

III. What are the regulations for the transport of dangerous goods?

I. Who issues transport licenses in Romania and under what conditions?

The transport activity can only be carried out by commercial companies whose object of activity is one of the transport activities, respectively passenger transport and freight transport.

Apart from the condition of the object of activity, companies must obtain a Community transport license issued by the Romanian Road Authority (A.R.R.) which is valid for a period of 10 years. The Community transport license is kept at the company headquarters. For each vehicle, a compliant copy will be obtained from the Romanian Road Authority (A.R.R.) which is issued for a period of at least 1 year, but without exceeding the validity period of the comunity license itself.

What are the necessary conditions for operating as a road carrier in Romania?

In order to be a road transport operator, companies must: have a real and stable headquarters on the territory of an EU Member State, have a good reputation, have adequate financial capacity and have the necessary professional competence.

Each of the aforementioned requirements are fulfilled if the company exercising the occupation of transport operator meets the following conditions:

1. The condition regarding the registered headquarters is fulfilled if: the company has its registered office located on the territory of Romania, where it keeps its main working documents; has one or more vehicles, which are registered in Romania; carries out the operations related to the mentioned motor vehicles permanently and effectively, with the necessary administrative equipment and with the corresponding technical equipment and installations, in an exploitation center located in Romania;

2. The condition of good a reputation is met if:

 – the company and its transport manager have not been convicted or sanctioned for serious violations of the national laws;

 – the transport manager or the transport company has not been convicted or sanctioned for serious violations of Community laws and regulations.

3. Theadequate financial capacity condition is met if the company proves that it has capital and reserves totaling at least EUR 9,000 for a single vehicle in its use and EUR 5,000 for each additional vehicle in its use, each year.

4. The company exercising the occupation of road transport operator fulfills the condition regarding professional competence if it designates a natural person as a transport manager, who is a holder of a certificate of professional competence and meets the requirement of good reputation.

II. What are the documents required to obtain the authorization for transportation of goods on the territory of the country?

In order to obtain the portfolio of freight transport authorizations and the corresponding copies, it is necessary to submit to the Romanian Road Authority (A.R.R.) an application accompanied by the following documents:

a. document providing proof of headquarters, where the company keeps its documents and where it carries out its administrative and operative activity in relation to road transport;

b. document proving the performing of technical maintenance of the road vehicles in its use;

c. the criminal record of the transport manager and his affidavit stating that he has not been sanctioned for serious violations of the national or community rules in force;

d. the company’s criminal record and its own declaration stating that the company has not been sanctioned for serious violations of the national or community rules in force;

e. document regarding the fulfillment of the condition of financial capacity;

f. certificate of professional competence of the transport manager valid for the type of transport carried out.

If it is aimed to obtain the transport certificate on its own account, and the corresponding copies, it is necessary to submit to the Romanian Road Authority (A.R.R.) in addition to the application, the documents mentioned in letters c, d and f.

3. What are the regulations for the transport of dangerous goods?

For the transport of dangerous goods, it is necessary to submit the following documents to the Romanian Road Authority (A.R.R.):

 i. proof of employment, the appointment decision and the professional attestation certificate of the

 safety advisor.

ii. the approval certificate issued by the “Romanian Auto Registry”, for the vehicles for which it is necessary to issue said certificate;

iii. the driver’s professional attestation certificate, specific to the dangerous goods that will be transported;

iv. the authorization issued by the National Commission for the Control of Nuclear Activities, for vehicles transporting dangerous goods of class 7;

v. the technical inspection certificate, in the case of specialized superstructures for the transport of containers with liquefied gases or other dangerous goods.

Regardless of the type of goods transport (national or international, for a fee or in one’s own interest), it is necessary to have the following documents on board the vehicle:

 the compliant copy of the transport license valid for the road transport of goods, the transport document (CMR letter), the identity card valid service of the driver, the certificate of professional competence of the driver valid for the type of transport carried out, the rental/leasing contract, in the original or a copy conforming to the original, if the road vehicle is owned under a rental or leasing contract , as the case may be, the driver’s certificate specified in art. 5 of Regulation (EC) no. 1072/2009, as the case may be, as well as all the specific documents provided by the regulations in force.

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The main management structure of the company in Romania is the general meeting of associates / shareholders. The constitutive act establishes the rules for convening and adopting decisions and whether the exercise of the vote can be delegated by special mandate by the associate / shareholder who cannot take part in the meeting. In the limited liability company, each shareholder entitles the holder to one vote in the respective meeting. The general meeting of associates has the following main obligations: ✓ to approve the annual financial statement and to establish the distribution of the net profit. ✓ to appoint the administrators and the censors, to revoke / dismiss them and to discharge them, as well as to decide to contract the financial audit, when it is not obligatory, according to the law; ✓ to decide the pursuit of the administrators and censors for the damages caused to the company, designating also the person in charge to exercise it; ✓ to modify the constitutive act.
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The limited liability company is the most common form of company in Romania, being the legal entity that best serves the interests of investors both from the point of view of the reliability of the activity, and from the perspective of its management. The limited liability company is abbreviated "SRL" in Romania and is the equivalent of the American limited liability company Limited Liability Company (abbreviated to LLC) or the German economic structure "Gesellschaft mit beschränkter Haftung" (abbreviated to GmbH), or the structure called "limited" , the structure used in most Latin American states.
The limited liability company is characterized by:
✓ the character intuitu personae, which means that this economic structure is based on the trust between the associates;
✓ the division of the share capital into fractions called shares, which cannot be negotiable securities;
✓ the liability of the associates is limited to their contribution to the share capital.
The limited liability company may also have a single partner, natural or legal person, of Romanian or foreign nationality, who will be the owner of all shares. Instead, the maximum number of associates is 50 people.
At present, the Romanian law no longer conditions the subscription and payment of a certain amount as share capital.
Through registration, the company acquires legal personality, becoming, under the law, a collective subject of law. The conclusion given by the judge is sent, ex officio, to the Official Gazette of Romania for publication at the expense of the company and to the Financial Administration in whose territorial area is the main headquarters of the company for fiscal registration, mentioning the registration number in the Trade Register .

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