Road haulage is essential to the economy, but it is also a regulated profession. Entering this sector is not something you can improvise. The law imposes a strict framework to guarantee the safety, reliability and competence of operators. Before you can launch your business and get your lorries on the road, you need to go through a number of stages and meet a number of specific requirements. This article details the essential conditions for becoming a road haulage operator in France, a fundamental aspect of the regulatory overview.
The four fundamental requirements for practising
Since the overhaul of European regulations, known as the "Road Package" and transposed into French law, any company wishing to operate as a public road haulage operator must meet four cumulative conditions. These requirements are designed to ensure that companies in the sector are serious and sustainable.
The obligation to establish a business in France
The first condition, reinforced by recent regulations, is that of establishment. In practical terms, your company must have a registered office or principal place of business in France. This place must be more than just a letterbox: it must be actual premises where the company's essential documents are kept. These include accounting documents, transport contracts and documents relating to drivers and vehicles.
These documents must be available for consultation by government inspectors, such as land transport inspectors or DREAL (Direction Régionale de l'Environnement, de l'Aménagement et du Logement) officials. This requirement guarantees a real presence on the ground and makes it easier to monitor compliance with the rules.
The requirement of professional integrity
The reliability of a transport company also depends on the integrity of its managers. That's why the law requires them to be of good repute. This requirement does not just apply to the individual company director or the manager appointed to run the transport business. It applies to all persons who hold legal responsibility within the company. Depending on the legal form, this may include partners in general partnerships, managers of SARLs, the chairman and managing directors of SAs or SASs, general partners, etc.
To satisfy this condition, these persons must not have been convicted of certain criminal offences that would be incompatible with the exercise of a commercial or industrial profession. In particular, they must not have been banned from managing a business. In addition, they must not have been convicted of more than one specific offence relating to the transport business or employment law. The list includes, for example, the offence of horse-trading, concealed work, serious breaches of the Highway Code or European social regulations (driving and rest times), or the illegal transport of dangerous goods. Failure to comply with the rules discussed in our article on legal framework for transport contractsThe fact that the company's reputation has been compromised, such as the fair remuneration of subcontractors, can also lead to the loss of good repute.
The authorities check this condition by consulting bulletin no. 2 of the criminal record of the persons concerned. A conviction resulting in the loss of good repute of one of the directors may have a direct impact on the company's licence to operate.
Financial capacity
Running a transport company requires sufficient financial resources to ensure it runs smoothly and to deal with unforeseen events. The financial capacity requirement is designed to guarantee this solidity. The company must prove that it has a minimum amount of equity capital and reserves (or bank guarantees under certain conditions).
This amount is calculated on the basis of the number of motorised vehicles that the company intends to operate, whether owned, leased or hired. The rules resulting from the "Road Package" have set these thresholds at European level:
- For the first heavy vehicle (over 3.5 tonnes maximum authorised weight - MAW): €9,000.
- For each additional heavy vehicle: €5,000.
- For each light vehicle (GVWR less than or equal to 3.5 tonnes): €900 (this threshold may be adjusted by national regulations; check the exact amounts applicable at the time of application).
It is important to note that bank guarantees or professional insurance can only cover part of this required financial capacity, which is often capped at 50%. The remainder must come from the company's own funds. This financial strength is also a factor that can influence the negotiation of contractual terms.
To prove its financial capacity, the company must draw up a set of accounts certified by a chartered accountant, a statutory auditor or an approved management centre. This evidence must be provided at the time of the initial application for authorisation, and is also subject to annual verification by the authorities. A deterioration in the financial situation may lead to the loss of the authorisation to operate if the company fails to regularise its situation within the time allowed.
Professional competence
Running a road haulage business is not something you can improvise. It requires technical, commercial, social and regulatory knowledge. The condition of professional competence guarantees that the person who ensures the permanent and effective management of the transport business possesses these skills. This is generally the head of the company himself or a manager specifically appointed for this purpose.
The level of requirement and the way in which this capacity is demonstrated vary according to the type of vehicles operated by the company:
Certificate of competence (> 3.5 tonnes)
If the company uses vehicles of over 3.5 tonnes GVW (even a single vehicle), the manager must hold a "heavy goods vehicle" certificate of professional competence. This document is issued by the regional prefect. There are three ways of obtaining it:
- The written exam : This is the main route. It is an annual national examination covering a wide range of subjects: commercial and financial management, civil and commercial law, employment law, tax law, professional and social regulations governing transport, technical standards and road safety, and market access. Passing the exam requires serious preparation.
- Diploma equivalence : Certain higher education diplomas (minimum Bac+2) or technical diplomas specialising in transport and logistics can be used to obtain the certificate by equivalence. An official list specifies which diplomas are recognised. Additional training may sometimes be required. This is a route frequently used by young graduates in the sector.
- Practical experience : Anyone with at least five years' experience at management level in a freight transport company can, under certain very strict conditions and after passing a commission, obtain the certificate. This route has become more restrictive and often involves having to supplement one's knowledge.
Proof of capacity (<= 3.5 tonnes)
For companies using exclusively light vehicles (GVWR less than or equal to 3.5 tonnes), the requirement is less stringent. The manager must hold a certificate of professional competence for "light vehicles". This is also issued by the regional prefect and can be obtained :
- A specific training course: You have to take a compulsory training course lasting several days with an approved organisation, followed by a final exam validating your knowledge of management, regulations and safety applicable to light transport.
- By diploma equivalence : Certain diplomas (such as the Bac Pro Exploitation des Transports) are also accepted as equivalent.
It is essential to clearly identify the person who will effectively and permanently manage the transport business and to check that this person meets the appropriate capacity requirements before submitting the application.
Entry in the register of carriers and hirers
Once the company believes it meets the four conditions (establishment, good repute, financial and professional standing), it must apply to be entered in the national electronic register of road haulage companies. This register is kept by the prefect of the region in which the company has its registered office or principal place of business in France. Day-to-day management is often carried out by the transport departments of the DREALs (Directions Régionales de l'Environnement, de l'Aménagement et du Logement - which have replaced the DREs).
Registration is only possible for companies that are already registered with the Registre du Commerce et des Sociétés (RCS) or the Répertoire des Métiers (RM). To apply for registration, you need to submit a full dossier showing that you meet the four conditions set out above.
Once registered, the company is obliged to inform the regional prefect of any change likely to affect one of these conditions (change of manager, legal status, significant fall in shareholders' equity, new conviction of a legal manager, etc.), within one month. Failure to comply with this disclosure obligation may result in criminal penalties.
Continued inclusion in the register is subject to ongoing compliance with the requirements. If the company no longer complies with any of the conditions, the prefect, after consulting the territorial administrative sanctions committee (CTSA) and issuing an unsuccessful formal notice, may remove the company from the register. Companies may also be struck off the register if they make false declarations at the time of registration, if they cease trading for a prolonged period, or if all their transport permits are withdrawn. A company that has been struck off the register generally cannot apply for re-registration for a minimum period of time, often two years.
Obtaining a transport licence
Entry in the register certifies that the company meets the conditions for carrying on business. But to be able to carry out transport operations, it must hold a specific administrative document: the transport licence. It is this document, or rather the certified copies of it carried in each vehicle, which proves that the company is authorised to operate during roadside checks, and is a prerequisite for the right to operate vehicles, as detailed in our article on traffic rules and transport operations.
The licence is obtained directly from registration on the register. It is issued by the regional prefect at the same time as the certificate of registration. There are two main types of licence, depending on the operations envisaged and the type of vehicle:
- Community licence : This is the licence required under European regulations for companies using vehicles with a gross vehicle weight in excess of 3.5 tonnes. It is essential for international transport within the European Union and for cabotage operations (domestic transport within another Member State). It is based on a harmonised European model.
- The domestic transport licence : It is issued to companies that are not obliged to hold a Community licence, typically those that use only light vehicles (LKW <= 3.5 tonnes) or vehicles with fewer than four wheels (for couriers, for example) and that only carry out national transport operations.
Whether the licence is a Community or domestic licence, the rules are similar:
- It is issued in the name of the company and is non-transferable.
- It is valid for a limited period (currently 10 years for the Community licence, but check this when you apply) and is not automatically renewed; you have to apply for it and prove that the conditions are still met.
- The original licence must be kept at the company's head office.
- The authorities issue as many numbered "certified copies" of the licence as the company operates vehicles. A certified copy must be on board every vehicle in circulation. It is an offence to fail to produce this document during an inspection.
Like entry in the register, the licence (and its copies) may be withdrawn temporarily or permanently by the Prefect, after consulting the CTSA, if the company no longer complies with the conditions of practice or commits serious or repeated breaches of regulations (transport, labour, safety). Permanent withdrawal of a licence logically entails removal from the register. There are severe criminal penalties for using a suspended, expired or withdrawn licence.
Special case: establishment of foreign companies
The rules governing access to the profession also apply to foreign companies wishing to establish themselves in France to carry out road transport activities on a permanent basis.
Companies from another Member State of the European Union (EU) or the European Economic Area (EEA) benefit from the principle of freedom of establishment. They may set up a branch or subsidiary in France and apply to be entered on the French register, subject to the same conditions (good repute, financial standing, professional capacity) as French companies. In principle, their diplomas or certificates of professional competence obtained in their country of origin are mutually recognised.
For companies from non-EU/EEA countries, the situation is more complex. In principle, they can only set up in France if there is an international agreement (often bilateral) between France and their country of origin, generally subject to reciprocity. However, the General Agreement on Trade in Services (GATS) of the World Trade Organisation (WTO) has opened up the possibility of establishment to nationals of WTO member countries, provided that they meet all the French conditions (including obtaining professional qualifications in France, without automatic recognition of foreign diplomas). For nationals of non-WTO member countries with no bilateral agreement, establishment remains very difficult, if not impossible.
It is important to distinguish between a permanent establishment and the mere provision of temporary services, such as the cabotage covered in our guide on traffic regulationswhich is governed by different rules.
Access to the road haulage profession is a path marked out by precise and cumulative regulatory requirements. Establishment, good repute, financial standing and professional competence are the pillars on which the authorisation to operate is based, materialised by entry in the register and possession of a valid licence. The complexity of these initial steps and the need to maintain compliance throughout the life of the business underline the importance of good preparation and careful monitoring.
Ensuring compliance from the outset is essential. Our firm can help you with all the steps you need to take to enter the profession.
Sources
- Loi n° 82-1153 du 30 décembre 1982 d'orientation des transports intérieurs (LOTI), as amended.
- Transport Code (in particular the legislative and regulatory parts relating to road transport).
- Decree no. 99-752 of 30 August 1999 on road haulage, as amended (in particular by Decree no. 2011-2045 of 28 December 2011).
- Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator.
- Ministerial orders relating to financial standing, professional competence and administrative transport permits (in particular the orders of 17 and 18 November 1999, as amended, and the orders of 28 December 2011).
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