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Access to the Profession-

Application of Annex IV

Overview

1. Challenges

2. Good repute – Who?

3. Good repute – Which sanctions?

4. Administrative procedure

5. Consequences

1. Challenges of Annex IV

1. Type of infringement regardless the penalty;

2. The obligation of an administrative procedure;

3. “Penalties” instead of only “convictions” (more data providers);

2. Good Repute – who?

Good Repute – Who?

Article 6, paragraph 1:

The conduct of the undertaking, its

transport managers and any other relevant

person.

Belgian Application

The undertaking; The transport manager(s); Persons entrusted with the daily

management (CEO, ... );

The conduct of the driver?

The transport manager(s) / undertaking willusually be prosecuted (along with drivers) since they will be held (criminally) responsible for the behavior of the drivers.

For example: infringements on driving times& rest periods

3. Which sanctions?

Article 6, paragraph 2

Article 6, paragraph 2: convictions or

penalties;

® Convictions + Every payment that drops criminal prosecution (i.e. on-the-spot-fines, administrative sanctions, ...).

Rehabilitation

One who has been convicted of a serious

criminal offence or incurred a penalty for one

of the most serious infringements as set out

in Annex IV shall be rehabilitated after 2

years (or 4 in case of repetition) regarding

the requirement of good repute;

4. Administrative procedure

Article 6, paragraph 2

When an infringements on Annex  IV has been

committed, the competent authority of the Member

State of establishment shall carry out in an

appropriate and timely manner a duly completed

administrative procedure, which shall include, if

appropriate, a check at the premises of the

undertaking concerned.

2 Phases:

A. Filter procedure

Examination by a small group (4 or 5 persons) within the Ministry of Transport;

Ad hoc approach sort of jurisprudence; 2 way outcome: good repute OR treatment by

the Road Haulage Commission.

B. Road Haulage Commission

Existing official commission; Composition:

President + vice-president Members from the Ministry of Transport Official Representatives for the Transport Undertakings,

Employees, ...

Rights of Defence; Result: advice – Decision by Minister of

Delegate; In case of loss of good repute: reasoning +

justification.

What shall be taken into account?

1. The precise circumstances of the infringement;

2. The impact of the infringement on road safety and the competitiveness of the undertaking;

3. The evolution of the behavior of the undertaking or the persons involved (frequency of infringements, …);

4. The number of vehicles belonging to the undertaking

(Dis)advantages

Advantages Involvement of all stakeholders; Ad hoc approach – proportionate response in

an individual case.

Disadvantages

Heavy procedure.

5. Consequences

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Withdrawal

Loss of good repute results in the withdrawal of the licence;

The withdrawal is never permanent – once the good repute is restored, the licence can be reissued;

Future: possible “suspension”.