Certified true copy of a Community licence for carriage of passengers
- Legal bases
- Requirements for the applicant
- Cross-border operation
- Submitting the application
- Payment of state fee
- Processing the application
- Changing the conditions of a licence or its certified true copy
- Suspension of a licence and termination of economic activities
- Revocation of the activity licence
- Contact details
A certified true copy of a Community licence is required for domestic and international carriage of passengers (occasional services, regular services) for a charge by a bus (as of 10 seats including the driver’s seat) and by an automobile with 6–9 seats (including the driver’s seat).
A certified true copy of a Community licence is issued for ten years, if the applicant does not require it for a shorter period, and not for longer than the term of validity of the Community licence.
Based on the public law contract concluded with the Ministry of Economic Affairs and Communications, the Community licence shall be issued by the Association of Estonian International Road Carriers (ERAA).
- Public Transport Act;
- Road Transport Act;
- General Rules for Regular Carriage of Passengers by Bus, Occasional Carriage by Bus, Taxi Service and Carriage of Baggage;
- 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 1073/2009 of the European Parliament and of the Council on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006;
- Commission Regulation (EU) No 361/2014 laying down detailed rules for the application of Regulation (EC) No 1073/2009 of the European Parliament and of the Council as regards documents for the international carriage of passengers by coach and bus and repealing Commission Regulation (EC) No 2121/98.
Requirements for the applicant
In order to obtain a certified true copy of a Community licence, you need to meet the following requirements:
- Hold a valid community licence.
- The motor vehicle has been entered in the traffic register.
- The motor vehicle complies with the roadworthiness requirements in force.
- The financial standing of an applicant must comply with the requirements established in paragraphs 1 and 3 or 2 and 3 Article 7 of Regulation (EC) No 1071/2009.
- Pay a fee to the ERAA for issuing a certified true copy of a Community licence.
If an operator has been established and operates in the field of the carriage of passengers in some other country within the European Economic Area, yet wishes to operate also in Estonia, they need to be established as a carrier in the Republic of Estonia and be entered in the commercial register, or as a legal person into another register in accordance with law.
Submitting the application
The following documents need to be submitted to obtain a certified true copy of a Community licence:
- An application;
- The contract of use of the vehicle if the applicant is not the owner of the vehicle or a user of the vehicle specified in the registration certificate.
- Documents certifying the financial standing specified in Article 7 of Regulation (EC) No 1071/2009 of the European Parliament and of the Council (if these are not electronically available).
Documents required for applying for a certified true copy of a Community licence are to be:
- Submitted 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);
- Submitted on paper to the Tallinn office of the ERAA (Narva mnt 91, Tallinn 10127) or the Tartu, Pärnu and Rakvere branch on weekdays from 9 a.m. to 1 p.m.;
- Sent in the digitally signed format to the email address firstname.lastname@example.org or email@example.com;
- Sent by mail to the address of the ERAA at Narva mnt 91, 10127 Tallinn;
- Sent by fax to the number +372 6 062 041.
A certified true copy of a Community licence can be obtained from the Tallinn office of the ERAA or any branch suitable for the applicant on weekdays from 9 a.m. to 1 p.m. and 2 p.m. to 5 p.m. The certified true copy of the Community licence can be issued via mail if the applicant prefers so.
Payment of state fee
In order to apply for a certified true copy of a Community licence a service fee of 19.2 euros (16 euros + VAT) shall be paid. The fee can be paid in cash on the spot, with a debit card or in advance by bank transfer.
Processing the application
The processing of an application shall take up to 15 calendar days. The operator shall be notified of the issuance of a certified true copy of a Community licence via a non-priority letter or email.
The certified true copy of a Community 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 contains any deficiencies, the applicant will be given a time limit for the elimination of the deficiencies. During the time limit for the elimination of the deficiencies, the term for the processing of the application will be suspended.
A certified true copy of a Community licence is issued for 10 years, unless the applicant requires it for a shorter period, but not for longer than the term of validity of the Community licence.
At the end of the duration of a Community licence a new certified true copy of a Community licence can be applied for, if all the requirements imposed upon the applicant are met. The application for obtaining a new Community licence shall be submitted at least 30 days before the end of the validity of the existing certified true copy of a Community licence.
Changing the conditions of a licence or its certified true copy
Should any data entered on a Community licence change (for example, the name or address of the enterprise), a new Community licence and a certified true copy/copies of a Community licence need to be applied for within 28 days.
Suspension of a licence and termination of economic activities
If an operator wishes to suspend the validity of or revoke a certified true copy of a Community licence for a certain period, they need to submit a written application to the issuer of the certified true copy of a Community licence.
Revocation of the activity licence
A Community liecence or its certified true copy may be revoked in the following cases:
- Upon the carrier’s own written application.
- If the holder of the licence has tax arrears or has been declared bankrupt or if the reason for the revocation of the previous licence of the operator was a violation of the provisions of law committed less than two years ago.
- If the holder of the licence does not comply with the requirements established in § 35 or 37 of this Act or the transport manager does not comply with the requirements established in § 36 of this Act.
- False information was submitted upon application for the licence.
- A driver employed by the holder has, in relation to professional activities, been convicted of a criminal offence specified in §§ 422–4241 of the Penal Code or a misdemeanour specified in subsection 221 (2), subsection 222 (2), §§ 223–226, subsections 227 (2) to (4), subsection 230 (2), § 234, §§ 236 and 236, subsection 242 (2) of the Traffic Act or subsection 542 (1) or § 546 of this Act and the data of conviction have not been deleted from the register in accordance with the Register of Convictions Act.
- A precept has been issued to the holder on the grounds provided for in clause 46 (1) 2) or clause 46 (2) 1) of the Public Transport Act and less than six months has passed from the issue of the precept.
- The carrier or a driver of a public transport vehicle employed by the licence holder under an employment contract or another contractual basis fails in their professional activities to comply with the requirements provided for in the Roads Act, the Working and Rest Time Act, the Traffic Act or this Act or legislation passed on the basis of these Acts.
Supervision over whether the holder of a certified true copy of a 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.
Tarvi Viks, Association of Estonian International Road Carriers (ERAA), tel: +372 606 2047, e-mail: firstname.lastname@example.org
Katrin Tambur, Ministry of Economic Affairs and Communications, tel: +372 625 6368, e-mail: Katrin.Tambur@mkm.ee
Registry information and technical questions
Register of Economic Activities, tel: +372 668 7080, e-mail: email@example.com