Road freight transport (RTT) is much more than just trucks on the road. It is a vital economic activity, at the heart of trade, but also an activity governed by a dense set of legal and administrative rules. Whether you're an entrepreneur looking to launch your business, a manufacturer looking to ship your products or a player already established in the sector, understanding this regulatory framework is essential. It aims to reconcile sometimes divergent objectives: ensuring the smooth flow of trade, guaranteeing road safety, protecting the environment, maintaining fair competition and protecting the professionals themselves. This article provides an overview of the main pillars of regulation in the French road haulage sector.
Who organises and controls the sector?
The organisation of road haulage in France is not left to market forces alone. The public authorities play a central role in regulating and controlling it.
It is primarily the State, via the Ministry of Transport and its decentralised departments (the DREAL - Directions Régionales de l'Environnement, de l'Aménagement et du Logement), which defines the rules and ensures that they are applied. It issues the necessary permits to operate, organises roadside and company inspections, and imposes penalties in the event of infringements. Local authorities (regions, départements, communes) play little part in regulating the activity itself, except indirectly through the management of road infrastructure or the preparation of Mobility Plans in urban areas.
Consultative bodies, bringing together representatives of the State, companies, employees and users (such as the Conseil National des Transports or the Comité National Routier), also participate in the discussion and development of public policies, although they have no direct decision-making power over companies.
There are many legal sources for these regulations: the founding LOTI law (Loi d'Orientation des Transports Intérieurs, 1982), the Transport Code, which partially codifies them, numerous implementing decrees and orders, and, above all, European Union law, which harmonises many aspects (access to the profession, driving time, cabotage, etc.).
How do I become a haulier?
The road haulage industry is not a free-for-all. It is a regulated profession, access to which is subject to compliance with strict conditions, checked by the authorities before any authorisation to operate is granted. There are four requirements, broadly defined at European level by the "Road Package":
- The establishment : The company must have a registered office or a real establishment in France.
- Good repute : Legal directors must not have been convicted of certain criminal or professional offences.
- Financial capacity : The company must have sufficient equity or guarantees, calculated on the basis of the number of vehicles operated.
- Professional capacity : At least one person actually managing the transport business must hold a certificate (for HGVs) or proof (for light vehicles) of their qualifications.
If these four conditions are met, the company can be entered on the national register of road transport companies and issued with a licence (Community or domestic, as appropriate). These permits are essential if you are to operate legally. For a detailed analysis of these requirements, please consult our article dedicated to conditions for admission to the occupation of road haulier.
What are the rules for travelling and operating?
Once authorisation has been obtained, the transport activity itself is regulated. The freedom to organise travel exists, but it is limited by national, European and international rules.
On French territory, while hauliers established in France enjoy a certain degree of freedom, European hauliers coming to carry out domestic transport operations (cabotage) are subject to very strict rules (limited number of operations following an international transport operation, maximum period of 7 days). International transport within the EU is largely liberalised thanks to the Community licence, but operations with third countries almost systematically require specific authorisations (bilateral or ECMT).
In addition, HGV traffic is subject to general restrictions: driving bans at weekends and on public holidays, seasonal restrictions (summer/winter), specific rules for hazardous materials or in urban areas (Mobility Plans, Low Emission Zones). Compliance with these traffic and operating rules is essential to avoid penalties.
How are transport contracts regulated?
The relationship between the carrier and its customer (the principal) is formalised by the contract of carriage. While contractual freedom is the principle, the law imposes a number of rules to protect the parties and ensure the economic equilibrium of the sector.
The contract must contain essential clauses (nature of the goods, places, deadlines, obligations, price). The consignment note plays a key evidential role. Above all, the price is not totally free: it must allow for "fair remuneration" covering actual costs, and transport at a loss is prohibited and penalised. Indexation to the cost of diesel fuel is compulsory. Similarly, clauses encouraging breaches of safety rules (driving time) are prohibited.
Subcontracting is possible, but subject to certain restrictions. Finally, to compensate for the absence of written contracts or gaps in them, standard contracts established by decree apply by default to most situations (general transport, tanker transport, temperature-controlled transport, etc.). Understanding legal framework for transport contracts is therefore essential to secure commercial relations.
The road haulage sector is therefore governed by a complex regulatory framework, combining professional requirements, traffic rules and contractual frameworks. Keeping up to date and ensuring compliance is a constant challenge for companies.
The complexity of road transport regulations requires legal expertise. Contact our firm to help you secure your business.
Frequently asked questions
What are the main conditions for setting up a road haulage business?
Four requirements must be met: the company must have a place of business in France, its directors must be of good repute, it must have sufficient financial standing and it must have the requisite professional transport capacity.
Do I need a specific licence to transport goods in Europe?
Yes, for international transport within the EU with vehicles over 3.5 tonnes, a Community licence is compulsory.
What is road cabotage?
This is the carrying out of national transport in an EU country (host country) by a haulier established in another EU country, under strict and temporary conditions.
Are goods lorries allowed on French roads at weekends?
No, unless otherwise authorised, heavy goods vehicles (+7.5t) are banned from 10pm on Saturday to 10pm on Sunday and on public holidays (from 10pm on the previous day to 10pm on the following day).
Is a written contract always necessary for the carriage of goods?
Although strongly recommended and implicitly required by certain mandatory clauses, in the absence of a written agreement, the standard regulatory contracts apply by default.
Can road haulage prices be set freely?
No, the price must cover the haulier's actual costs (loss-making haulage is prohibited) and must include a pass-through for changes in the cost of diesel fuel.
What is the purpose of standard road transport contracts?
They provide a suppletive legal framework that applies automatically when the parties have not defined their relationship in a written agreement or have done so incompletely.
Which authority controls transport companies in France?
This is mainly the State, via the DREALs (regional departments of the Ministry of Transport), under the authority of the regional prefects.
What is the difference between public transport and own-account transport?
Public transport is carried out on behalf of others in return for payment (a regulated activity), whereas own-account transport is carried out by a company for its own needs using its own vehicles (not subject to the same access rules).
How do the authorities check a carrier's financial soundness?
It requires the annual production of certified accounting documents (balance sheet, profit and loss account) to calculate shareholders' equity and check that it meets the required regulatory thresholds.
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