Certified true copy of a Community licence for carriage of goods

A certified true copy of a Community licence (hereinafter copy of the licence) is necessary if an operator wants to engage in the national or international carriage of goods for a charge using a motor vehicle or a combination of vehicles the permissible laden mass of which exceeds 3,500 kilograms and the design speed of which exceeds 40 kilometres per hour.

A certified true copy of a Community licence (hereinafter copy of the licence) certifies the right of the holder of the licence to engage in the carriage of goods for hire or reward using the motor vehicle bearing the registration number written on the copy of the licence.

A copy of the licence is issued for ten years, unless the applicant requests a shorter term, but not for a period longer than the term of validity of the licence.

Where a copy of the licence is applied for regarding a motor vehicle registered in the official register of another Member State of the European Union, a contracting state of the European Economic Area or the Swiss Confederation and the applicant has been indicated on the registration certificate of the motor vehicle as the owner or user, a copy of the licence is issued with the period of validity specified in subsection 17 (2) of the AutoVS.

Based on the public law contract concluded with the Ministry of Economic Affairs and Communications, copy applications shall be processed and a copy of the licence shall be issued by the Association of Estonian International Road Carriers (ERAA).

  • Road Transport Act (RTA);
  • Regulation (EC) No 1071/2009 of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (Regulation (EC) No 1071/2009);
  • Regulation (EC) No 1072/2009 of the European Parliament and of the Council on common rules for access to the international road haulage market (Regulation (EC) No 1072/2009).

Requirements for the applicant

An applicant for and a holder of a copy of the licence must meet the following requirements:

  • An applicant and a holder of the copy of the licence must have a valid licence for the carriage of goods.
  • A copy of the licence can be applied for regarding a motor vehicle that has been registered in the motor register or an official register of another Member State of the European Union, contracting state of the European Economic Area or the Swiss Confederation and passed a roadworthiness test.
  • The financial standing of an applicant for and holder of a copy of the licence must meet the requirements provided for in Article 7 of Regulation (EC) No. 1071/2009.
  • An applicant for or a holder of a copy of the licence must, according to the registration certificate or a contract for use, be the owner or user of the motor vehicle with regard to which the applicant applies for or the holder holds a copy of the licence.
  • An applicant for a copy of the licence must not have any non-staggered tax arrears that exceed the sum specified in subsection 14 (5) of the Taxation Act and the applicant must not have been declared bankrupt.
  • One valid copy of the licence is issued per motor vehicle.
  • The applicant for a copy of the licence must pay a service fee to the ERAA for issuing the copy.

Cross-border operation

If an operator that has been established abroad wants to organise the carriage of goods for hire or reward in Estonia (unless they are cabotage operations specified in Art 8 of Regulation (EC) No 1072/2009), it has to establish an undertaking in Estonia and apply for a licence, and a copy of the licence for every motor vehicle or combination of vehicles used by the operator, the laden mass of which exceeds 3,500 kilograms and the design speed of which exceeds 40 kilometres per hour.

An operator that has been established and to which a licence has been issued in another Member State of the European Union, contracting state of the European Economic Area or the Swiss Confederation, is permitted to engage in the international carriage of goods into or from Estonia on the basis of a licence and a copy of the licence shall be kept in the vehicle that is engaged in the aforementioned carriage operation. If an operator that has been established and to which a licence has been issued in another Member State of the European Union, contracting state of the European Economic Area, or the Swiss Confederation wants to engage in the carriage of goods between Estonia and a third country, it must fulfil the requirements of an international agreement, e.g., apply for a transport permit for carriage into/from a third country (section 22 of the AutoVS).

To engage in cabotage operations in Estonia, an operator that has been established in another Member State of the European Union, contracting state of the European Economic Area or the Swiss Confederation must fulfil the requirements for cabotage established in Articles 8 and 9 of Regulation (EC) No. 1072/2009. An operator that has been established and to which a licence has been issued in Estonia (carrier) may organise national as well as international carriage of goods. A copy of the licence shall be kept in the vehicle that is engaged in the aforementioned carriage operation. To engage in cabotage operations in another Member State of the European Union, contracting state of the European Economic Area or the Swiss Confederation, the carrier must fulfil the requirements for cabotage established in Articles 8 and 9 of Regulation (EC) No. 1072/2009.

If an Estonian carrier wants to engage in the carriage of goods into/from a third country, it must fulfil the requirements of an international agreement entered into between Estonia and the third country, e.g., apply for a transport permit for transportation into/from a third country (section 22 of the AutoVS). As a rule, cabotage operations in a third country are prohibited for Estonian carriers and for third country carriers in Estonia pursuant to an international agreement.

Preparation and submission of application

The following documents need to be submitted to obtain a certified true copy of a Community licence:

  • a written application.
  • the requested period of validity of the copy of the licence if the applicant would like to get the copy of the licence for a shorter period;
  • the registration number of the motor vehicle regarding which the copy of the licence is applied for;
  • documents certifying financial standing as specified in Article 7 Regulation (EC) No. 1071/2009 (if the data certifying the financial standing of the applicant is not electronically available from the commercial register);
  • the registration certificate of the motor vehicle or a copy of the registration certificate if the copy of the licence is applied for regarding a motor vehicle registered in the official register of another Member State of the European Union or a contracting state of the European Economic Area or the Swiss Confederation;
  • a document certifying the passing of a roadworthiness test of the motor vehicle or a copy of the document where the copy of the licence is applied for regarding a motor vehicle registered in the official register of another Member State of the European Union or a contracting state of the European Economic Area or the Swiss Confederation;
  • the contract for use of the motor vehicle, a copy of the contract, or an extract of the contract certified by the parties, if the applicant is not the owner or user of the motor vehicle based on the data of the motor register or the registration certificate of the motor vehicle.

The documents required for applying for a copy of the licence can be submitted to the ERAA:

  • by entering the Register of Economic Activities through the State Portal (you need to log in with an ID card, Mobile ID or via an internet bank);
  • in a digitally signed format to the email address tarvi@eraa.ee or ermo@eraa.ee.
  • on paper to the Tallinn office of ERAA at Narva mnt 91 on business days from 09.00 to 13.00 or to the ERAA branch offices in Tartu or Pärnu;
  • by regular mail to the address of the ERAA at Narva mnt. 91, 10127 Tallinn or to the address of the ERAA branch offices in Tartu or Pärnu;
  • by fax to the number 6 062 041.

The copy of the licence can be obtained from the Tallinn office of the ERAA or any branch suitable for the applicant on business days from 09.00 to 13.00 and 14.00 to 17.00. The copy of the licence can be sent to the operator via registered mail, registered mail with advice of delivery or non-priority letter if the operator requests so.

Payment of state fee

In order to apply for a copy of the licence, a service fee of 21,6 euros (18 euros + VAT) shall be paid to the ERAA. The fee can be paid in cash on the spot, with a debit card or in advance by bank transfer.

Processing of application

The processing of a copy of the licence shall take up to 30 calendar days. The operator shall be notified of the decision regarding the processing of the application for a copy of the licence via a non-priority letter or via e-mail. Upon the expiry of the time limit for deciding over an application for a copy of the licence, the copy of the licence is not deemed to be issued by default.

The copy of the licence shall be issued on paper to a legal representative of the applicant or to a person authorised by a legal representative.

If the application for a copy of the licence contains any deficiencies, the applicant shall be given a reasonable time limit for the elimination of the deficiencies. The term for making a decision regarding the application will be suspended until the removal of the deficiency.

At the end of the duration of the copy of the licence, the operator must apply for a new copy of the licence regarding the motor vehicle. The application for obtaining a new copy of the licence shall be submitted at least 30 days before the end of the duration of the existing copy of the licence.

Changing the conditions of the licence or the copy thereof

Should any data entered on the licence change (for example, the name or address of the undertaking), a new licence and copy thereof needs to be applied for.

In the event of the loss, theft or destruction of the licence or the copy thereof, or change in the carrier’s address entered on the documents, a new document can be applied for, the validity term of which does not exceed the validity term of the document being replaced.

Suspension of the validity of the copy of the licence by the operator and termination of economic activities

If an operator wishes to suspend the validity of the copy of the licence temporarily or revoke it or terminate economic activities, they need to submit a written application to the issuer of the certified true copy of the licence.

Suspension of the validity or revoking of the copy of the licence

The validity of a copy of the licence may be temporarily suspended:

  • On grounds provided for in Article 13(3) of Regulation (EC) No. 1071/2009, Article 12(1) and (2) of Regulation (EC) No. 1072/2009 and subsection 43 (1) of the General Part of the Economic Activities Code Act.
  • If the carrier, its transport manager or drivers who are engaging in or who have engaged in the carriage of goods while being at the carrier’s disposal under an employment contract or a contract governed by the law of obligations have more than once incurred a penalty for a serious infringement specified in Article 6(1)(b) of Regulation (EC) No. 1071/2009 upon the carriage of goods for hire or reward or own-account carriage of goods, whereby the conviction data have not been deleted from the database under the Criminal Records Database Act or it becomes evident that, upon committing the infringement in a foreign state, the time limit for the deletion of the conviction data provided for in section 24 of the Criminal Records Database Act, which is calculated from the entry into force of a decision made in the foreign state, has not expired.
  • If the carrier or its transport manager has, upon the carriage for hire or reward or own-account carriage incurred, based on section 279 of the Penal Code, a penalty for obstructing state supervision over compliance with the requirements for the working, driving, and rest time of a driver, and the conviction data of the infringement have not been deleted from the database under the Criminal Records Database Act.
  • If the carrier has infringed the requirement provided for in subsection 5 (3) of the AutoVS and, according to a precept made regarding the infringement, has failed to eliminate the deficiencies within the prescribed time limit.
  • If the carrier, its transport manager or drivers who are engaging in or who have engaged in the carriage of goods while being at the carrier’s disposal under an employment contract or a contract governed by the law of obligations have more than once incurred a penalty for an infringement of sections 261’6–261’9 of the Traffic Act upon the carriage of goods for hire or reward or own-account carriage of goods.

A copy of the licence may be revoked:

  • On grounds provided for in Article 13(3) of Regulation (EC) No. 1071/2009, Article 12(1) and (2) of Regulation (EC) No. 1072/2009 and subsection 37 (2) of the General Part of the Economic Activities Code Act.
  • If the carrier has not eliminated the deficiencies pointed out in a precept made on the basis of the AutoVS or subsection 139 (4) of the Traffic Act within the prescribed time limit.
  • If the carrier, its transport manager or drivers who are engaging in or who have engaged in the carriage of goods while being at the carrier’s disposal under an employment contract or a contract governed by the law of obligations have more than once incurred a penalty for a serious infringement specified in Article 6(1)(b) of Regulation (EC) No. 1071/2009 upon the carriage of goods for hire or reward or own-account carriage of goods, whereby the conviction data have not been deleted from the database under the Criminal Records Database Act or it becomes evident that, upon committing the infringement in a foreign state, the time limit for deletion of the conviction data provided for in section 24 of the Criminal Records Database Act, which is calculated from the entry into force of a decision made in the foreign state, has not expired.
  • If the carrier or its transport manager has more than once incurred upon the carriage of goods for hire or reward or own-account carriage of goods based on section 279 of the Penal Code a penalty for obstructing state supervision over compliance with the requirements for the working, driving and rest time of a driver, and the conviction data of the infringement have not been deleted from the database under the Criminal Records Database Act.
  • If the carrier, its transport manager or drivers who are engaging in or who have engaged in the carriage of goods while being at the carrier’s disposal under an employment contract or a contract governed by the law of obligations have more than once incurred a penalty for an infringement of sections 261’6–261’9 of the Traffic Act upon the carriage of goods for hire or reward or own-account carriage of goods.
  • If the holder of a copy of the licence has not picked up the licence within six months from the first date of validity of the licence or if it has not been possible to deliver the document to the holder.
  • If the right use, roadworthiness and proper keeping of the motor vehicle and its trailer is not ensured pursuant to the requirement provided in subsection 31 (3) of the AutoVS. A copy of the licence is revoked also where the issuer of the licence finds that the carrier has transferred the motor vehicle bearing the registration number indicated on the copy of the licence or that the contract for use of the motor vehicle has terminated.

Return of the copy of a licence

Where the validity of a copy of the licence has been temporarily suspended or the copy of the licence revoked, the document must be returned to the issuer within 5 business days following the date of delivery of the decision to suspend or revoke the document. The return requirement does not apply where the licence has been revoked due to its loss, theft or destruction.

The copy of the licence must be returned to the issuer of the document within 5 business days if the carrier has transferred the motor vehicle bearing the registration number indicated on the copy of the licence or if the contract for use of the motor vehicle has terminated.

Supervision

Supervision over whether the holder of a certified true copy of the Community licence corresponds to the requirements imposed on them during the validity period of the document is exercised by the ERAA and the Ministry of Economic Affairs and Communications.

Supervision over the existence of a certified true copy of a Community licence on the roads is exercised by the Police and Border Guard Board and the Tax and Customs Board.

Contact details

Substantive information

Ermo Perolainen, Association of Estonian International Road Carriers (ERAA), tel: +372 606 2060, e-mail: ermo@eraa.ee

Eda Rembel, Ministry of Economic Affairs and Communications, tel: +372 625 6427, e-mail: Eda.Rembel@mkm.ee

Registry information and technical questions

Register of Economic Activities, tel: +372 668 7080, e-mail: register@mkm.ee

Last amended: 01-05-2016 12:53 | Compiled by: Ministry of Economic Affairs and Communications