International carriage of goods by road with vehicles of over 3.5 tonnes
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The activity of international carriers of goods by road with vehicles of over 3.5 tonnes entails the carriage of goods by road with vehicles (trucks, tractor units or coupled vehicles) whose maximum allowable weight exceeds 3.5 tonnes.
A business permit is required to work as an international carrier of goods by road with vehicles of over 3.5 tonnes.
Transport operators who plan to undertake the carriage of goods in all the countries of the European Economic Area (EEA) and in Switzerland must apply for a Community licence (after having obtained the business permit).
Who is concerned
The international carrier of goods by road with vehicles (trucks, tractor units or coupled vehicles) whose maximum allowable weight exceeds 3.5 tonnes.
This business permit is valid for both the international and national transport of goods by road.
A business permit is not required for the carriage of goods for exclusively non-commercial purposes or as a complementary activity.
Prerequisites
Compliance with the conditions for access to the profession is verified at the time the application for a business permit is submitted.
Sole proprietorship
Natural persons who wish to operate as an international carrier of goods by road with vehicles of over 3.5 tonnes, in their own name in the context of a sole proprietorship, must meet the legal conditions of professional integrity.
Company
A company carrying out the activity of international carriage of goods by road with vehicles of over 3.5 tonnes must appoint at least one natural person, the manager, who must:
- meet the legal requirements in terms professional integrity;
- effectively manage the day-to-day business on a permanent basis;
- have a genuine link with the company (be the owner or authorised representative registered in the Trade and Companies Register); and
- have paid all social security contributions and taxes, either in their own name or through the company they manage or have managed.
Business permit
The business permit is issued to the company (either to the manager operating in their own name, or to the company they run) if the manager meets the legal conditions of professional integrity.
The information page 'Applying for a business permit' contains all the information relating to this procedure.
Place of business
The company or sole proprietorship must have a fixed place of business in Luxembourg (no 'letter-box' companies).
Necessary qualifications
In order to provide proof of the qualifications and guarantees required to access the profession of international carrier of goods by road with vehicles of over3.5 tonnes, the manager must take training courses at the House of Training and successfully pass the final exam.
This training course is reserved for Luxembourg residents and persons with a link to Luxembourg. International candidates (non-residents) must take the training in their country of residence.
The business manager will receive a certificate in the event of successful completion of the exam.
Candidates can be granted an exemption from the training course if they:
- have 5 years of professional experience in a management role in a transport business;
- have a diploma or certificate from a higher or technical education establishment; or
- have continuously managed a company of the same type during the 10-year period prior to 4 December 2009, demonstrated by a certificate of affiliation from the Joint Social Security Centre or by a Certificate of Professional Experience (EC certificate) from the country of origin.
Note that the exemption only applies to the training course and not to the exam which must be passed in any case.
This training course is reserved for Luxembourg residents and persons with a link to Luxembourg. International candidates (non-residents) must take the training in their country of residence.
Financial capacity
The candidate must have the necessary financial resources to correctly start up and ensure the proper management of the transport activity.
International carriers of goods by road with vehicles of over 3.5 tonnes must provide a guarantee issued by an authorised banking or other financial establishment.
The amount of the guarantee is EUR 9,000 for the first commercial transport vehicle and EUR 5,000 for each additional vehicle.
Transport operators who only provide national transport services are exempt from having to provide such a guarantee.
How to proceed
Registrations/affiliations depending on the legal form of the company
Sole proprietorship
After obtaining a business permit, the operator of a sole proprietorship must:
- go to the Joint Social Security Centre to register as self-employed;
- submit an operating declaration to the social security administration (if they intend to hire staff);
- register for VAT.
Company
After obtaining a business permit, the manager of a:
- partnership (SCS, SENC);
- capital company (SA, SARL, SCA, SE);
- simplified limited liability company (SARL-S);
must:
- submit an operating declaration to the social security administration (if they intend to hire staff);
- register themselves as employees (or self-employed) with the social security;
- register for VAT.
Please note: the manager of a simplified limited liability company must also file the draft articles of association of the company with the Trade and Companies Register. There is, however, no need to incorporate the company in the presence of a notary. A private deed will suffice.
Obligations of all professionals
Each professional must comply with the following throughout their existence:
- all requirements with respect to obtaining a business permit; and
- all laws and regulations with respect to business management.
Sanctions
Professionals without a business permit run the risk of criminal sanctions (imprisonment and fines) and the temporary closure of the establishment.
Online services and forms
Who to contact
-
Ministry of the Economy General Directorate for SME, Craft and Retail (Department for Authorisations of Establishment)
- Address:
-
Luxembourg
PO box 535 / L-2937 Luxembourg
- Phone:
-
(+352) 247 74 700
Monday to Friday from 9.00 to 12.00 and from 13.30 to 16.30 (except on public holidays)
- Email address:
- info.pme@eco.etat.lu
- Website:
- https://meco.gouvernement.lu/en.html
-
House of Entrepreneurship
- Address:
- 14, rue Erasme L-1468 Luxembourg Luxembourg
- Phone:
- (+352) 42 39 39 330
- Email address:
- info@houseofentrepreneurship.lu
Open Closes at 17.00
- Thursday:
- 8.30 to 17.00
- Friday:
- 8.30 to 17.00
- Saturday:
- Closed
- Sunday:
- Closed
- Monday:
- 8.30 to 17.00
- Tuesday:
- 8.30 to 17.00
- Wednesday:
- 8.30 to 17.00
Related procedures and links
Related procedures
Links
Further information
Legal references
-
Règlement (CE) n°1071/2009 du Parlement européen et du Conseil du 21 octobre 2009
établissant des règles communes sur les conditions à respecter pour exercer la profession de transporteur par route
-
Loi du 30 juillet 2002
concernant l'établissement de transporteur de voyageurs et de transporteur de marchandises par route
-
Réglement grand-ducal du 13 août 2002
concernant l'établissement de transporteur de voyageurs et de transporteur de marchandises par route
-
Réglement grand-ducal du 13 août 2002
concernant l'établissement de transporteur de voyageurs et de transporteur de marchandises par route
