Carrier Obligations in Road Transport

QUESTION
I would like to consult with you regarding the carriage of goods. My company is primarily engaged in accounting services, but we currently have the opportunity to transport goods within Slovakia, to the Czech Republic, and possibly in the future also to Austria. What obligations, permits or other documents are required? What are the obligations of a transport operator?

ANSWER:
Carrier obligations are set out in Act No. 56/2012 Coll. on Road Transport. Pursuant to § 7 of this Act, a carrier has the following general obligations:

§ 7 General obligations of a carrier in road transport

The carrier shall:
a) operate freight transport in accordance with this Act and the transport regulations,
b) mark each operated vehicle with its business name; this does not apply to a foreign carrier,
c) provide a technical base equipped for the operation, maintenance, technical inspection, parking and garaging of vehicles and for the care of vehicle crews, passengers and cargo to the extent of the transport services provided,
d) ensure that each operated vehicle carries documentation of the granted permit under § 5(1) or Community licence under § 5(2), driver’s certificate under § 6a, vehicle documents, and accompanying documents for the cargo, including a transport permit under § 31 if required for the transport,
e) ensure that operated vehicles are parked and garaged in the technical base premises or in premises designated for this purpose by the municipality,
f) employ as transport manager only a person holding a certificate of professional competence, and if from another Member State, a recognised professional qualification,
g) employ only such drivers who have completed mandatory initial qualification or periodic training if required under a specific regulation,
h) notify the transport administrative authority of the person appointed as transport manager or any change in that person, any change in registered operator data, and, in the case of a legal entity, any change of its statutory body or a member thereof, within 15 days of the change,
i) be insured for liability for damage to goods in domestic freight transport, if operating domestic road freight transport,
j) be insured for liability for damage to goods in international transport, if operating international road freight transport,
k) notify the transport administrative authority of the registration numbers of vehicles it operates,
l) organise its fleet operations so as to ensure the return of vehicles to the Member State of establishment at least every eight weeks after leaving it,
m) return the driver’s certificate to the ministry within 15 days from the day the driver ceases to meet the conditions under which the certificate was issued,
n) have in the Slovak Republic, in own or leased premises, a real and stable place of establishment, operate the necessary technical base and fleet, keep in such premises the originals of business documents for road transport operations, in particular permits and licences, have in electronic or paper form transport contracts, vehicle documents, accounting documents, staff management documents, employment contracts, social security documents, records of driver assignments and postings, cabotage records, driving time and rest period records, and certified copies of driver certificates,
o) operate road transport through an appointed transport manager under § 6 who actually and continuously manages the company’s transport activities,
p) operate road transport only within the scope of the permit to pursue the occupation of road transport operator under § 5(1) or the Community licence under § 5(2),
q) continuously meet the financial standing requirement under § 6(5) throughout the period of operating road transport,
r) have a written lease agreement if using a rented vehicle under § 32, and ensure that each rented vehicle carries the lease agreement or a certified copy or certified extract from it,
s) employ drivers in compliance with this Act, special regulations and international treaties binding on the Slovak Republic,
t) employ only such a third-country driver who has a work permit and a driver’s certificate if such obligation applies,
u) provide to professional supervision and inspection authorities under § 45 the requested data within 15 days of their request.

§ 35 of this Act also regulates the obligations of participants in the carriage of dangerous goods.

Required permits depend on the type of transport you perform. We can arrange for the issuance of permits for:

More details on the conditions for obtaining a transport licence (domestic / international / taxi) can be found in our article: Transport Licence (Freight / Passenger).

If you are interested, please contact us at office@akmv.sk or by phone at +421 948 560 483.