National carriage of goods by road with vehicles of under 3.5 tonnes

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The activity includes the carriage of goods by road with vehicles (trucks or coupled vehicles) whose maximum allowable weight is under 3.5 tonnes.

A business permit is required to work as a national carrier of goods by road with vehicles of under 3.5 tonnes.

Who is concerned

The national carrier of goods by road with vehicles (trucks or coupled vehicles) of under 3.5 tonnes.

The business permit 'Transport national de marchandises par route avec des véhicules de moins de 3,5 tonnes' (national carriage of goods by road with vehicles of under 3.5 tonnes) is not required for the national transport of goods for exclusively non-commercial purposes or as a supplementary activity.

Prerequisites

Compliance with the conditions for access to the profession is verified by the General Directorate for Small and Medium-Sized Enterprises at the time the application for a business permit is submitted.

The national carriage of goods by road with vehicles of under 3.5 tonnes is considered a general commercial activity and is subject to specific conditions.

Sole proprietorship

Natural persons who wish to operate as a national carrier of goods by road with vehicles of under 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 national carriage of goods by road with vehicles of under 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

Transport operators who only ensure the national carriage of goods by road with vehicles of under 3.5 tonnes are exempt from providing any qualifications.

Financial capacity

Transport operators who only ensure the national carriage of goods by road with vehicles of under 3.5 tonnes are exempt from providing guarantees.

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:

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:

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

Related procedures and links

Links

Legal references

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