Industries: Aviation, Maritime & Transportation

Type: Articles

Use of vehicles hired without drivers for the carriage of goods by road: a more open European market

The adoption at second reading of the Directive of the European Parliament and of the Council amending Directive 2006/1/EC on the use of vehicles hired without drivers for the carriage of goods by road, by the European Parliament will happen shortly.

Portugal will need to have incorporated the new provisions into its national legislation 14 months after the entry into force of the directive.

The process of amending Directive 2006/1/EC, which has been under consideration since 2017, moved forward with the adoption of this Directive at first reading by the European Council last December 20.

The hired vehicles reform is part of the first mobility package and aims to make the carriage of goods by road safer, more environmentally friendly, productive and competitive.

Through the incorporation of the new provisions into Portuguese legislation, it will be possible that undertakings established in Portugal use vehicles hired in any Member State. Such a possibility would, in particular, make it easier for them to meet short-term, seasonal or temporary peaks in demand or to replace defective or damaged vehicles.

However, Member States may have the option to limit the length of time undertakings may use a hired vehicle registered or put into circulation in another Member State or to require the registration of the hired vehicle, provided that the vehicle be allowed to circulate for at least 30 days before such a requirement becomes applicable.

Currently, in Portugal, undertakings can only use vehicles registered with Mobility and Land Transport Institute, according to article 11 of Decree-Law 15/88, January 16, amended by Decree-law no 306/94, of December 19 and Decree-law no 306/94, December 19.

Portugal did not transpose the Directive which is now being amended because at the time did not consider the transposition necessary, but we are now expecting the revision of current applicable rules after the entry into force of the directive.