You need to apply for a certified true copy of the Community licence for a motor vehicle used for the carriage of goods for hire or reward, the maximum permissible laden mass of which (including trailers) exceeds 3 500 kilograms and the design speed of which exceeds 40 kilometres per hour.
Starting from 21 May 2022, a certified true copy of the Community licence is also required for a motor vehicle or a combination of vehicles with a maximum permissible laden mass exceeding 2 500 kilograms and a design speed of more than 40 kilometres per hour, which is used for the international carriage of goods for hire or reward.
The certified true copy of the Community licence (hereinafter referred to as the copy of the licence) proves the right of the holder of the Community licence to organise the carriage of goods for hire or reward using a vehicle whose plate number is stated on the copy of the licence.
The copy of the licence is issued for 10 years, unless the applicant requests a shorter period, but for no longer than the validity of the licence. If the copy of the licence is requested for a motor vehicle used on the basis of a contract of use, the term of validity of the copy cannot exceed that of the contract of use and the licence.
You can also apply for a copy of the licence with respect to a motor vehicle entered in the official register of another Member State of the European Union or the European Economic Area or the Swiss Confederation.
Based on an administrative contract entered into with the Ministry of Climate, the Association of Estonian International Road Carriers (ERAA) processes applications for copies of licences and issues such copies to undertakings.
Legal bases
- 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. Where a document specified in Article 7(2) of Regulation (EC) No 1071/2009 was submitted upon application for a copy of the licence, a copy of the licence is not issued for a longer period than the period of validity of the Document.
- 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. Starting from 21 May 2022, a copy of the licence is also required for a motor vehicle or a combination of vehicles with a maximum permissible laden mass exceeding 2 500 kilograms and a design speed of more than 40 kilometres per hour if it is used for the international carriage of goods for hire or reward.
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).
When carrying out cabotage operations in Estonia, an undertaking established in another Member State of the European Union or the European Economic Area or in Switzerland must comply with the requirements for cabotage operations laid down in Articles 8 and 9 of Regulation (EC) No 1072/2009. An operator established and licensed in Estonia (a carrier) may organise both the national and international carriage of goods on the basis of their licence. When carrying out cabotage operations in another Member State of the European Union or the European Economic Area or in Switzerland, the carrier must comply with the requirements for cabotage operations laid down in Articles 8 and 9 of Regulation (EC) No 1072/2009. In accordance with additional provisions regulating cabotage operations laid down in Article 8 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council, which entered into force on 21 February 2022, after having carried out three cabotage operations on the territory of a Member State where international cargo was completely unloaded or after having carried out one cabotage operation on the territory of a Member State that was entered without cargo, it is not permitted to use the same motor vehicle or combination of vehicles to carry out another cabotage operation in that Member State within 4 days.
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 (authentication is required);
- in a digitally signed format to the email address [email protected] (in Tallinn), [email protected] (in Tartu), [email protected] (in Pärnu);
- on paper to the Tallinn or Tartu office of ERAA on business days 09.00-13.00 or to the Pärnu office Tue.–Th. from 09.00 to 13.00;
- by regular mail to the address of the ERAA at Narva mnt. 91, 10127 Tallinn or to the ERAA branch offices in Tartu (Sepa 26, 50113) or Pärnu (Lille 4, 80010).
The copy of the licence can be obtained from the Tallinn or Tartu office of the ERAA or any branch suitable for the applicant on business days from 09.00 to 13.00 and from the Pärnu office Tue.–Th. from 09.00 to 13.00. 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 22,32 euros (18 euros + VAT) shall be paid to the ERAA. In the Tallinn office, you can pay by card or in cash; in Tartu and Pärnu only payments in cash are possible.
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.
- Upon the failure to ensure the right use, roadworthiness and proper keeping of a motor vehicle and its trailer in accordance with the requirement laid down in Article 31(3) of the Road Transport Act.
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 Climate.
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. Supervision over the existence of the copy of the licence at undertakings is exercised by the Labour Inspectorate.
Contact details
Substantive information
Elo Tambur, Association of Estonian International Road Carriers (ERAA), tel: +372 606 2051, e-mail: [email protected]
Eda Rembel, Ministry of Climate, tel: +372 6 256 427, e-mail: [email protected]
Registry information and technical questions
Register of Economic Activities, tel: +372 668 7080, e-mail: [email protected]