7. Symposium of Lawyers Members of the IRU Legal Assistance Network Saint Petersburg, 30. April 2008 Diversity of controls and sanctions for conditions governing access to and exercising the road haulage profession Detlef Neufang Lawyer Federal Association for Transport, Economy and Logistic – BWVL - GERMANY

Legal Basis Road Haulage Act (Güterkraftverkehrsgesetz-GüKG) Regulation on Access to Professional Road Transport (Berufszugangsverordnung GüKG) Road Traffic Act (Straßenverkehrsgesetz-StVG) Road Traffic Regulation (Straßenverkehrsordnung-StVO) Regulation on Admission for Road Traffic (Straßenverkehrszulassungsordnung- StVZO) Driving Permit Decree Criminal Code Regulation 561/2006/EC AETR Labour Time Law (Arbeitszeitsgesetz-ArbZG) Law on Bus and Truck Crews (Fahrpersonalgesetz-FPersG) Bus and Truck Crews Regulation (Fahrpersonalverordnung-FPersV) Highway Toll Law (Mautgesetz & Mauthöhenverordnung) ADR ATP Vehicle Tax Act Turnover Tax Law

Documents to have on board the vehicle in Germany Personal Documents: Drivers Licence ID/Passport Social Security Card Driver Card (Dig. Tach.) if driver is a national of a „non-member country“: Driver attestation, If neccessary: Visa, work permit, permit concerning the right of residence, proof of health insurance

Documents to have on board the vehicle Vehicle Documents Vehicle registration document (also for trailer!) International Motor Insurance Card

Documents to have on board the vehicle National Transport National authorization or Community authorization Proof of freight insurance Consignment note or accompanying documents Tachograph record sheets of the current day and the previous 28 calendar days (when analog check instrument is used) Log book, if driver was assigned one Printouts that must be created in accordance with art /85 EEC if a vehicle with a digital check instrument was driven in the previous 28 calendar days Sufficient number of record sheets for the complete tour Attestation of activities under Regulation (EC) 561/2006 or AETR Proof road toll payment In case of the transport of hazardous goods, documents according to ADR (transport document, written instructions/accident data sheet), training certificate of driver etc.)

Documents to have on board the vehicle Additionally in international transport: Community licence CEMT authorization CEMT accompanying documents Non-EEC state authorization CMR consignment note In caseof transports to or from non EEC states, custom documents (subject to topic no.4 this afternoon)

Road Controls in Germany: Competent Authorities Most controls by Federal Office of Goods Transports (Bundesamt für Güterverkehr – BAG)= „TRUCK POLICE“ Controls are also performed by -Police -Custom Authority/Fiscal administration =(Hauptzollamt)

Road Controls in Germany: BAG 800 BAG „road inspectors“ are controlling along the highways in Germany Police-like competence Can stop and „immobilize“ vehicles Jurisdiction for foreign companies and their drivers

Road Controls in Germany: BAG vehicles controlled (without controls concerning the Law on Highway Toll) infringements, cases alone concerning driving and rest time regulations vehicles prohibited from traveling on cases when BAG asked for security deposit, that summed up to €

Road Controls in Germany: BAG BAG and police control in particular: documents to be carried according to national and international regulations, check instrument (analog and digital), record sheets, log book, print outs of the digital check instrument, driver card and other prescribed time records, certain regulations of the law concerning the right of residence, work permit law and social security act, dimensions, axle loads, total weight, as well as cargo securing and the technical condition of motor vehicles and trailers/vehicle combinations,

Road Controls in Germany: BAG regulations regarding the transport of hazardous materials, certain regulations of the motor vehicle tax law and the turnover tax law, provisions of the international safe container act, certain regulations of the law relating to food production and distribution and of the wine act certain regulations of the law of wastes, the permissible values for noise and for pollutants in the exhaust of motor vehicles for shipment of goods.

Road Controls in Germany: BAG BAG branch offices with special competence for controls of trucks based and registered outside Germany and for sanctions against foreign enterprises and their drivers, for example  Kiel: Russia and – partly - Commonwealth of Independent States /CIS, Czech Rep., Slovakia, Latvia, Estonia  Bremen: Lithuania, Bulgaria, Kazakhstan  München: Belarus, Hungary, Portugal  Stuttgart: Slovenia  Münster: Poland  Saarbrücken: France, Italy, Spain, Serbia

Applicable Sanctions If certain violations against the road traffic or the social welfare legislation are discovered during the inspection, control authorities report to the responsible offices. Inspectors can take various steps in case of violation, depending upon the type and severity of the violation: They will –issue warnings, –start a proceeding concerning administrative penalties, –demand a provision of security (for foreigners) –prohibit the vehicle from traveling further on (in case of serious violations against safety regulations) –refusal of entry to the territory of Germany

Applicable Sanctions German law distinguishes between criminal law and administrative rules. If violation concerns a breach of criminal law, consequence will be a summary sentence or a main trial in the court (local court or district court). The measure of penalty depends on the crime (fine or prison sentence, driving ban, suspension of driving permit) administrative rules, a penalty notice (Bußgeldbescheid) will be issued. The penalty depends on the violation and the schedule of penalties (penalty, driving ban and points in the Central Register of Traffic Offenders at the Federal Motor Transport Authority/Kraftfahrtbundesamt-KBA)

Persons Sanctioned Driver Registered user of the vehicle Employer Principal Shipper

Means and deadlines for appeal Judgement/conviction: written appeal within one week Summary sentence: written objection within 2 weeks after summary sentence has been delivered Penalty notice: written objection within 2 weeks after penalty notice has been delivered