Carriage for hire or reward

The Transport is known as " public" (carriage for hire or reward), while simplifying, if the Vehicle used to transport load of the goods belonging to companies not belonging to the same group; it is known as private (or for personal use), provided that the goods charged by the Transporteur belong all to the companies belonging to the same group (within the framework of the exclusive hiring with driver, for example), or if a moral natural person or transports only the goods belonging to him into clean.

A road carrier is a company, private or public, of Surface transport of Marchandise S or people.

Community definition of the personal use ( Lamy transport divides into volumes January 3rd, th and th 2004, & 818 )

Given to appendix II, § 4, of directive the EEC of the modified July 23rd, 1962, this definition on own account governs international transport between Member States. Here is the content:

“Goods transport by motor vehicle insofar as the following conditions are met:

a) the transported goods must belong to the company or be sold, bought, be given or taken in hiring, produced, extracted, transformed or repaired by it;

b) transport must be used to bring the goods towards the company, to dispatch them this company, to move them either inside the company, or for its own needs outside the company;

c) the motor vehicles used for this transport must be led by the clean personnel of the company;

d) the vehicles transporting the goods must belong to the company or be bought by it with Crédit or to relate rented provided that, in this last case, they meet the conditions envisaged by the Directive No 84/647/CEE of the Council of December 19th, 1984, to the use of vehicles rented without driver in goods transport by road. This provision is not applicable in the event of use of a vehicle of replacement during a breakdown of short duration of the vehicle normally used;

e) transport should not constitute that a Ancillary activity within the framework of the whole of the lines of business. ”

It is noted that the Community legislation excludes the use of vehicles in hiring with Chauffeur (§ d) and even the recourse to drivers external with the company, for example with temporary (§ c). To the Community level, the private transport accomplished by means of vehicles in hiring with driver is thus compared to public transport, so that the definition above cannot constitute a valid reference in French interior mode.

National definition of transport for own account ( Lamy transport divides into volumes January 3rd, th and th 2004, & 817 )

The law of orientation of the inland transports, known as PARCELLED OUT, covers transport for own account like public transport, and lays out (L. No 82-1153, Dec. 30, 1982, Article 5):

“Are regarded as public transport all transport of people or goods, except for transport which organize for their own account of the public or deprived people. ” Thus, after having posed that all that is not strictly personal use is public, then generally evoked in theory “the regulation of the activities of transport”, PARCELLED OUT does not consider any more, thereafter, of effective regulation that for the public transport and the hiring of vehicle.

Of him even, not more than the decree No 86-567 of March 14th, 1986, that of August 30th, 1999 (D. No 99-752, August 30th, 1999, 2 Olympics Sept.) does not comprise a definition of transport for own account. Nevertheless, it is from now on possible to be based on the recent definition given by the ministerial Circulaire of March 10th, 2000 (Circ. min. No 2000-17, BO MELT, No 6, p. 75) and according to which:

“Transport in personal use is established when the goods are the property of the company or were sold, bought, rented, produced, extracted, transformed or repaired by it and is transported by this company for its own needs using its own vehicles and drivers or for vehicles taken in hiring with or without driver; transport must remain an ancillary activity of the company. ”

This definition is relatively close to that given in its time by the article 23-1° of the decree No 49-1473 of the modified November 14th, 1949. Under the terms of this text, a transport for own account had, to deserve this qualifier, to satisfy three principal conditions, relating to the vehicle used, the transported goods and the overall activity of the company (see No 1911 jur. 1).

These are these three conditions that takes again today the above mentioned circular, while being also inspired, and this very largely, of the definition given by the modified directive EEC of July 23rd, 1962 (see No 818).

Condition relating to the vehicle - This one must belong to the company or be taken in regular hiring, i.e. near a hirer out administratively entitled to carry on this activity.
Condition relating to the goods - In this vehicle belonging to him or taken in regular hiring, the company can transport only goods on which it is capable to justify of one of eight following qualities: Owner, Salesman, Producing, Purchasing, Tenant, Transformer, Repairing, Extractor. It was judged, on this subject, that could not reasonably be regarded as a “transformation”, the operation consisting in for a company setting up and levelling on building site of the gravel transported beforehand by its care (see No 1911 jur. 2).
Ancillary activity of the company - Lastly, third condition, self-explanatory, transport must remain an ancillary activity of the company.

Observations

The circular of March 10th, 2000 adds “transport which is included in this category (note: transport on own account) (...) is carried out without Community License nor License of inland transport” (Circ. min. No 2000- March 17th, 10th and th 2000, BO MELT, No 6, p. 75).

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