To obtain authorisation to operate as a road haulage operator, as we saw in our article on conditions for admission to the professionThis is just the first step. Once your company has been set up and you have your licence, you need to understand and master the rules governing the movement of your vehicles. Far from being anarchic, the movement of heavy goods vehicles is subject to a complex set of regulations that vary depending on whether the transport takes place on national territory, within the European Union or in relation to third countries. In addition, there are specific restrictions for safety or traffic management reasons. This article aims to clarify the main rules governing traffic and transport operations.
Transport in France
The general framework for transport operations purely within France is defined mainly by the Loi d'Orientation des Transports Intérieurs (LOTI) and the Transport Code.
The principle of freedom for carriers established in France
Unlike passenger transport, which may be subject to public service obligations or specific authorisations for certain routes, the transport of goods for hire or reward by a French company on national territory is based on a principle of freedom. The company is free to determine its own routes, timetables and loading and delivery points, subject of course to the general rules of the road and of the European Union. contractual framework agreed with the customer. No specific authorisation is required for a given route, as long as the company is duly registered and holds a valid licence (domestic or Community).
Cabotage: when can a European carrier operate in France?
However, the French market is not reserved exclusively for French companies. Under the European Union's principles of freedom to provide services, hauliers established in another Member State can carry out transport operations within French territory. This is known as road cabotage.
- Definition and legal framework : Cabotage is national carriage for hire or reward carried out on a temporary basis in a host Member State by a haulier established in another Member State. Originally governed by Regulation (EEC) no. 3118/93, it is now regulated by Regulation (EC) no. 1072/2009 (part of the "Road Package"). In order to carry out cabotage, the haulier must hold a valid Community licence.
- Strict conditions: The European regulation authorises cabotage, but on a limited basis to avoid unfair competition based on differences in social or tax costs. A non-resident haulier may carry out up to three cabotage operations consecutive to an international transport operation entering the host Member State (France, in this case). These three operations must be carried out within seven days of the final unloading of the international carriage.
- French rules and interpretation : France, like other countries, has interpreted the concept of "temporary". French law (LOTI) stipulates that a non-resident carrier cannot rely on the European regulation if it carries out domestic transport activities in France on a temporary basis. habitual, continuous or regularor if it operates from premises or infrastructures located on French territory. In this case, it would be considered as having to establish itself in France and comply with all the applicable conditions for admission to the profession applicable to resident companies.
- Documents and controls : Proof of the legality of cabotage is based mainly on the transport documents (international consignment note proving the incoming journey, consignment notes for each cabotage operation), which should make it possible to check compliance with the time limits and number of operations.
- Penalties : Cabotage carried out outside the conditions set out in the European regulation is considered to be an illegal form of transport and carries severe criminal and administrative penalties.
Transport within the European Union
The volume of goods traded between EU Member States is considerable. The common transport policy aims to facilitate these flows.
Freedom to provide services for international transport within the EU
The fundamental principle is the freedom of a haulier established in a Member State to carry goods by road to or from another Member State, or in transit through one or more Member States. This freedom is guaranteed by Regulation (EC) No 1072/2009.
Access to the international intra-EU transport market has not been subject to quotas since the 1990s. It is based solely on qualitative criteria, verified at the time of issue of the Community licence. A French company holding this licence can therefore freely transport goods between France and Germany, but also, for example, between Spain and Poland, without needing specific authorisations from these countries for the journey itself.
(Exceptional) safeguard clauses
Although the principle is freedom, safeguard mechanisms exist (inherited from previous regulations) to deal with any serious market crises caused by a sudden imbalance between supply and demand. These measures, which could temporarily restrict market access, can only be triggered by the European Commission at the request of a Member State, and are very rare in the current context of the internal market.
Impact of trans-European networks
To make these exchanges more fluid, the EU is encouraging the development of Trans-European Transport Networks (TEN-T). These are infrastructure projects (motorways, railways, waterways, ports, airports) designed to improve connections between Member States and remove bottlenecks. These developments have a direct impact on the efficiency and routing of international road transport.
Transport with third countries
When transport operations involve countries outside the European Union (or the EEA and Switzerland, which have specific agreements), the principle of freedom no longer applies in the same way. State sovereignty reigns supreme.
Specific authorisations required
As a general rule, a French carrier wishing to carry goods to, from or in transit through a third country (e.g. Morocco, Serbia, Ukraine, post-Brexit United Kingdom, depending on the agreements in force) must obtain a transport permit from that country. Similarly, a third-country carrier wishing to operate on French territory (including in transit) must hold a permit issued by the French authorities or under international agreements. A simple Community licence is not sufficient for these journeys.
The ECMT licence system
The European Conference of Ministers of Transport (ECMT, now the International Transport Forum - ITF) is an intergovernmental organisation covering a wider geographical area than the EU. It manages a system of multilateral quota-based licences that allow carriers from member countries (including France) to carry out international transport between these countries. French companies can apply for these ECMT licences (which are often annual and subject to strict criteria linked in particular to the environmental standards of vehicles - EURO V, EURO VI) from the Ministry of Transport. These licences are very much in demand, as they offer great flexibility.
Bilateral agreements
Outside the ECMT system or for non-member countries, transport licences are based on bilateral agreements between France and the third country concerned. These agreements set out the conditions for reciprocal access to the market and often provide for annual quotas of licences (travel, temporary, etc.). These bilateral licences are also managed by the French Ministry of Transport.
Procedure and control
To obtain these licences (ECMT or bilateral), you need to fill in specific forms and provide proof of your international activity. The permits obtained must be on board the vehicle at the time of transport and are checked at borders or on the territory by the competent authorities (customs, police, DREAL, etc.). The absence of a valid authorisation constitutes a serious offence.
General traffic restrictions
Even when a company has the right to carry out a transport operation, the movement of its vehicles may be subject to restrictions for reasons of public order, safety, environmental protection or traffic management. You will find a regulatory overview including these aspects on our blog.
Traffic bans (times and zones)
In France, goods vehicles over 7.5 tonnes Gross Vehicle Weight (GVW) are prohibited:
- From Saturday 10pm to Sunday 10pm.
- From 10pm on the eve of public holidays to 10pm on public holidays.
Additional bans apply during certain periods:
- In summer : Specific Saturdays (generally 5 Saturdays between mid-July and mid-August) are subject to an extended ban from 7am to 7pm, in addition to the ban from Saturday evening to Sunday evening. The exact dates are set by ministerial decree each year.
- In winter : In the Rhône-Alpes region, specific bans may be added on certain Saturdays on defined routes (often linked to departures from/returns to ski resorts).
- In Île-de-France : There are specific, tighter restrictions on the Ile-de-France network (tighter bans on certain days and times, particularly on the ring road and radial motorways).
Permanent exemptions exist for certain types of transport (perishable foodstuffs, live animals, conditional removals, etc.) and temporary exemptions may be granted by prefects in exceptional cases.
Dangerous goods
The transport of dangerous goods (TDG) is subject to very strict international regulations (ADR Agreement) and specific national rules. In addition to obligations relating to packaging, the vehicle and driver training, traffic restrictions may apply: bans on certain routes (tunnels, built-up areas), limited driving times, obligations to use specific routes ("TMD" network).
Restrictions in urban areas (Urban Travel Plans - PDU/PDM)
Local authorities (municipalities, metropolitan areas) are responsible for organising traffic within their boundaries, in particular through Mobility Plans (formerly PDU). These plans can include specific measures for goods transport to limit congestion and pollution:
- Restricted Traffic Zones (ZCR) or Low Emission Zones (ZFE) prohibiting access to the most polluting vehicles (according to the Crit'Air sticker).
- Restrictions on delivery times.
- Dedicated delivery areas.
- Tonnage or gauge restrictions on certain routes.
It is essential for transport operators to find out about the specific rules applicable in the conurbations they serve.
Penalties
Failure to comply with traffic bans and restrictions (timetables, routes, zones, tonnage, etc.) is punishable by fines (generally 4th class) and may result in the immobilisation of the vehicle.
Mastering the rules of the road is just as important as meeting the conditions for admission to the profession. Whether you're operating in France, Europe or beyond, each geographical context has its own specificities: restricted freedom of cabotage, the need for international authorisations, compliance with hourly or zonal bans. The complexity and constant evolution of these rules require legal monitoring and rigorous organisation of operations.
Navigating the different traffic regulations can be complex. Contact our firm to ensure the compliance of your transport operations.
Sources
- Loi n° 82-1153 du 30 décembre 1982 d'orientation des transports intérieurs (LOTI), as amended.
- Transport Code.
- Highway Code (in particular articles R411-18 and L325-1 to L325-3).
- Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market.
- Ministerial orders banning the use of goods vehicles during certain periods (available from Légifrance, updated annually).
- European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR).
- Resolutions and documentation from the European Conference of Ministers of Transport (ECMT) / International Transport Forum (ITF) on multilateral licences.
EN 
FR