Update in progress
The Community licence enables transport operators to undertake the transport of passengers by road on a for-hire basis in all of the European Economic Area and in Switzerland. The original licence must be kept in the company's headquarters. Certified copies of the licence must be kept aboard the buses/coaches.
In order to obtain a Community licence for the transport of passengers by road, each transport operator must first have been granted access to the profession by obtaining a business permit from the Ministry of the Economy's General Directorate for Small and Medium-Sized Enterprises.
The operator can then apply for access to the market by applying for a Community licence for international haulage of goods by road, granted by the Department of Mobility and Transport of the Ministry of Mobility and Public Works.
Who is concerned
Any natural or legal person can apply for a Community licence for the transport of passengers by road on a for-hire basis in any Member State of the European Economic Area (EEA).
In order to carry out the occupation of road passenger transport operator, applicants must hold a business permit for road haulage or passenger transport operators and therefore have to:
- provide proof of professional integrity;
- provide proof of their financial capacity, i.e. prove that they have the necessary financial resources to correctly start up and ensure the proper management of their activity by providing a surety or guarantee from a banking or other financial establishment;
- provide proof of their professional competence, i.e.:
- either have a certificate of successful completion of the final exam completing the training course attesting the knowledge acquired;
- or provide proof of 10 years' professional experience with a carrier, acquired before 2009 (applies to the Community applicant who provides an EC certificate indicating his professional experience in another Member State as a manager of a transport company);
- have a permanent establishment in Luxembourg.
How to proceed
Application for a Community licence
In order to carry out the international transport of passengers by road, the applicant must first obtain a business permit granted by the Ministry of the Economy's General Directorate for Small and Medium-Sized Enterprises.
After obtaining their business permit, the carrier must send the original application for a Community licence, by post or by personal delivery, to the Department of Mobility and Transport (Licensing Desk) of the Ministry of Mobility and Public Works.
For transports from or to countries other than those in the European Economic Area (EEA) or Switzerland, it is recommended to first contact the Ministry of Mobility and Public Works, Directorate of Public Transport, in order to find out if this type of transport is authorised under a bi- or multilateral agreement and if a special authorisation is needed.
Documents to be submitted with the application
The application for a Community licence for the international transport of passengers by road must be accompanied by the following documents:
- the Gérant Technique (technical manager) form;
- annex A: relevé du personnel (staff summary sheet);
- annex B: relevé des véhicules loués (summary sheet of hired vehicles);
All documents, i.e. the application for the Community licence and the 3 documents to be attached, must be duly completed and signed by the technical manager of the transport company before being sent to the Department of Mobility and Transport (Licensing Desk) of the Ministry of Mobility and Public Works.
Annex A: the transport operator's staff summary sheet
The technical manager must list and certify all of the managing staff (manager(s) and partner(s)) as well as the transport operator's employees (drivers, administrative and maintenance staff) who are registered with the Luxembourg Joint Social Security Centre. The managing staff and employees registered with a foreign social security body must submit a copy of the form A1 completed and certified by the social security body concerned.
In addition, the technical manager must certify that:
- all staff listed in annex A is legally employed by the transport operator;
- the contractual relationship between the transport operator and the staff is compliant with Luxembourg and EU legislation in terms of labour law and employment law;
- the collective agreement is respected;
- the staff is registered with the Luxembourg Inland Revenue (administration des Contributions directes).
Vehicles registered in Luxembourg and belonging to the transport operator established in Luxembourg or made available to him under a hire or leasing contract can only be driven by the staff legally employed by the transport operator holding a Community licence. Failure to comply with this obligation is considered unfair competition by the Ministry of Mobility and Public Works.
Annex B: vehicles hired by the transport operator
Vehicles belonging to the transport operator or made available to him under a leasing contract are directly checked by the Ministry of Mobility and Public Works in the national directory of road vehicles.
In addition, the technical manager must certify that annex B lists all of the vehicles the company hired that are approved, by virtue of their type and equipment, for the transport of more than 9 people including the driver.
For vehicles made available to the transport operator under a hire contract, a copy of the hire contract and of the registration certificate (carte grise) must be attached to the application.
Moreover, transport operators established in Luxembourg cannot provide transport services with a certified copy of the Community licence or any other transport authorisation if they have not registered and presented for a technical inspection in Luxembourg all vehicles owned, hired or leased by them.
This obligation is mandatory and non-compliance will be regarded as an act of unfair competition by the Ministry of Mobility and Public Works, which will compromise, at least in part, the transport operator's integrity and which is likely to result in the full or partial administrative withdrawal of all transport authorisations.
Forms / Online services
Demande relative à la licence communautaire - Transport international de voyageurs par route
Fiche du gérant technique (V/GT) - Transport international de voyageurs par route
Relevé du personnel (V/A) - Transport international de voyageurs par route
Relevé du personnel supplémentaire affilié (V/A+) - Transport international de voyageurs par route
Relevé du personnel supplémentaire désaffilié (V/A-) - Transport international de voyageurs par route
Relevé des véhicules de location apte à transporter plus de 9 personnes (V/B) - Transport international de voyageurs par route
Relevé des véhicules de location remis au loueur (V/B-) - Transport international de voyageurs par route
Relevé des véhicules de location supplémentaires (V/B+) - Transport international de voyageurs par route