AKMV Goods Delivery – Business Using Own Car
QUESTION
The company operates as a food wholesaler and owns its own delivery trucks (both smaller vehicles and trucks over 3.5 t). Deliveries from its wholesale warehouse are made by drivers employed under standard employment contracts. Additionally, the company also engages drivers operating as self-employed individuals (“živnostníci”) under service agreements. The Labour Inspectorate has notified the company that, following the amendment of Act No. 462/2007 (effective April 1, 2019), self-employed drivers are no longer allowed to perform such activities.
I would therefore kindly ask for clarification on:
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Whether the company needs a road transport permit to deliver goods to its customers, since it is not a transport company but merely distributing its own goods to its customers.
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Whether the company can engage self-employed drivers for deliveries using the company’s trucks without these drivers having to hold any road transport permits—or whether these drivers must be employees under direct employment contracts with the company.
ANSWER:
In road transport, a driver must already be in an employment relationship or have their own authorization to exercise the profession of a road transport operator.
Your type of goods transport should also fall under “transport for own needs,” where it is not necessary to have an issued authorization for a road freight transport operator. However, you must meet these conditions:
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the transported goods are in the ownership of the enterprise, or the enterprise leased, bought, manufactured, processed, or repaired them
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the purpose of the transport is the transport of goods from or to the enterprise
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the motor vehicle is driven by an employee of the enterprise
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the vehicle is in the ownership of the enterprise, or it is leased
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this transport is only a secondary activity of the enterprise
It is necessary to demonstrate these conditions in the event of a roadside inspection.
JUDr. Veronika Michalíková, MBA