1. Access to the Profession - Application of Annex IV

2. Overview Challenges Good repute – Who? Good repute – Which sanctions?
Administrative procedure
Consequences

3. 1. Challenges of Annex IV Type of infringement regardless the penalty;
The obligation of an administrative procedure;
“Penalties” instead of only “convictions” (more data providers);

4. 2. Good Repute – who?

5. Good Repute – Who? Article 6, paragraph 1:
The conduct of the undertaking, its
transport managers and any other relevant
person.

6. Belgian Application The undertaking; The transport manager(s);
Persons entrusted with the daily management (CEO, ... );

7. The conduct of the driver?
The transport manager(s) / undertaking will
usually be prosecuted (along with drivers)
since they will be held (criminally)
responsible for the behavior of the drivers.
For example: infringements on driving times
& rest periods

8. 3. Which sanctions?

9. Article 6, paragraph 2 Article 6, paragraph 2: convictions or
penalties;
Convictions + Every payment that drops criminal prosecution (i.e. on-the-spot-fines, administrative sanctions, ...).

10. Rehabilitation One who has been convicted of a serious
criminal offence or incurred a penalty for one
of the most serious infringements as set out
in Annex IV shall be rehabilitated after 2
years (or 4 in case of repetition) regarding
the requirement of good repute;

11. 4. Administrative procedure

12. Article 6, paragraph 2 When an infringements on Annex IV has been
committed, the competent authority of the Member
State of establishment shall carry out in an
appropriate and timely manner a duly completed
administrative procedure, which shall include, if
appropriate, a check at the premises of the
undertaking concerned.

13. 2 Phases: A. Filter procedure
Examination by a small group (4 or 5 persons) within the Ministry of Transport;
Ad hoc approach  sort of jurisprudence;
2 way outcome: good repute OR treatment by the Road Haulage Commission.

14. B. Road Haulage Commission
Existing official commission;
Composition:
President + vice-president
Members from the Ministry of Transport
Official Representatives for the Transport Undertakings, Employees, ...
Rights of Defence;
Result: advice – Decision by Minister of Delegate;
In case of loss of good repute: reasoning + justification.

15. What shall be taken into account?
The precise circumstances of the infringement;
The impact of the infringement on road safety and the competitiveness of the undertaking;
The evolution of the behavior of the undertaking or the persons involved (frequency of infringements, …);
The number of vehicles belonging to the undertaking

16. (Dis)advantages Advantages Involvement of all stakeholders;
Ad hoc approach – proportionate response in an individual case.
Disadvantages
Heavy procedure.

17. 5. Consequences

18. Withdrawal
Loss of good repute results in the withdrawal of the licence;
The withdrawal is never permanent – once the good repute is restored, the licence can be reissued;
Future: possible “suspension”.