Nemzeti Közlekedési Hatóság – The National Transport Authority

in Hungary

ECR – ERRU Seminar

Mikulás Róbert18th October, 2012

IntroductionCertain aspects and criteria of the reliability of the road transport undertakings and individuals involved in are laid down in regulation 1071/2009 EC and in the national regulations.

Annex IV of the regulation contains the list of the most serious infringements, at the same time there is a real need for an extended list of infringements set up by the Commission that can lead to the loss of good repute.

Most serious infringements

For the purposes of point  (b) of the second paragraph of Article 6 the most serious infringements are the following:

1. (a) Exceeding the maximum 6-day or fortnightly driving time limits by margins of 25 % or more.

(b) Exceeding, during a daily working period, the maximum daily driving time limit by a margin of 50 % or more without taking a break or without an uninterrupted rest period of at least 4,5 hours.

Most serious infringements

2.Not having a tachograph and/or speed limiter, or using a fraudulent device able to modify the records of the recording equipment and/or the speed limiter or falsifying record sheets or data downloaded from the tachograph and/or the driver card.

3.Driving without a valid roadworthiness certificate if such a document is required under Community law and/or driving with a very serious deficiency of, inter alia, the braking sys-tem, the steering linkages, the wheels/tyres, the suspension or chassis that would create such an immediate risk to road safety that it leads to a decision to immobilise the vehicle.

4.Transporting dangerous goods that are prohibited for transport or transporting such goods in a prohibited or non-approved means of containment or without identifying them on the vehicle as dangerous goods, thus endangering lives or the environment to such extent that it leads to a decision to immobilise the vehicle.

5.Carrying passengers or goods without holding a valid driving licence or carrying by an undertaking not holding a valid Community licence.

Most serious infringements

6. Driving with a driver card that has been falsified, or with a card of which the driver is not the holder, or which has been obtained on the basis of false declarations and/or forged documents.

7. Carrying goods exceeding the maximum permissible laden mass by 20 % or more for vehicles the permissible laden weight of which exceeds 12 tonnes, and by 25 % or more for vehicles the permissible laden weight of which does not exceed 12 tonnes.

Most serious infringements

National Regulation related to infringements

261/2011. (XII. 7.) Government Regulation means the Hungarian National Regulation which contains all the rules that apply for loosing and reinstating the good repute of the road transport undertakings, the transport managers, the manager, and third parties.

The transport undertaking has good repute if all of them have good repute: the manager the transport manager the individual proprietor as the owner of the undertaking

The requirement of good repute does not met for one year after a decision becomes final or an event leading to loss of good repute.

Inadequacy and infringements in the National Regulation

Requirements of good repute does not apply

1) Loss of the right to perform road transport activity in case of an undertaking;

2) Loss of the right to perform road transport activity in case of an individual proprietor ;

3) The manager, the transport manager or the owner of an undertaking whose licence has been withdrawn by the transport authority;

4) A manager or a transport manager who worked for an undertaking whose insolvency is stated by the court or his/her liability for insolvency is stated by the court.

Infringements

a) Any infringement listed in Annex IV. of the regulation if committed;

b) False information has been provided that is relevant to issuing a licence;

c) The transport undertaking is repeating illegal activities in international transport;

d) Seriously or repeatedly violates the terms of personal conditions of driving, professional standards for driving and rest periods;

Inadequacy and infringements in the National Regulation

Infringements

e) In case of cabotage the undertaking seriously or repeatedly violates the provisions of the host Member State and therefore the foreign authority initiates international driving bans;

f) If the undertaking doesn’t exercise licensed activities permanently - at least 6 months - without announcing the transport authority;

g) In case of passenger transport activities that are performed without entitling licence.

Inadequacy and infringements in the National Regulation

C. The grounds of termination and the limitation

The reason of exclusion shall be taken into consideration for 5 years.

If the good repute shall apply for a foreign citizen, than we have to take into account the fact that the license of the company has been withdrawn because of his/her fault.

Inadequacy and infringements in the National Regulation

Sanctions apply according to the national legislation

In case of infringement the transport inspectorates impose the following sanctions

– small and medium-sized enterprises: warnings, administrative fines or licence affecting acts;

– other undertakings: administrative fines or licence affecting acts.

– or loss of good repute if applicable.

Since the new regulation applies there have not been any case for the latter sanction.

Warnings

Small and medium-sized enterprises are:

– Less than 250 employees

– Annual net turnover not exceeding 50 million € or balance sheet total of not more than 43 million €

For the first time such an undertaking makes an infringement it should only be warned, except for:

– life, limb or health were directly threatened;

– environmental damage has occurred;

– legislation has been made against the law protecting person under eighteen

Transport undertakings in Hungary

Passenger transport Undertakings Coaches

All 1 686 14 391Individual proprietor 617 1 468

limited partnerships and limited liability

942 4 564

Other undertaking 127 8 359

Good transport Undertakings Vehicles

All 17 480 68 218Individual proprietor 7 833 14 796

limited partnerships and limited liability

9 353 47 378

Other undertakings 294 6 044

Penalties imposed

National regulation is 156/2009. (VII. 29.) Government regulation

– Ongoing amendment of the regulation

– Compliance with Annex IV

– Sanctions to be applied against the undertaking, the operator, the driver, the sender, the shipper, the packer, the loader or the consignee

– Penalties are itemized amounts, the sharing of responsibilities, each subsequent presentation of documents, the maximum amount can be imposed in a proceeding have to be taken into account when imposing

– Complex Control and Fining Guide

Sanctions concerning licences

• Suspension of licences and copies of it for at least 3 months but not more then a year if:

– Performing an activity other than those it is entitled to in its licence;

– Violation of the relevant provisions (driving and rest periods, personal conditions of driving, technical conditions of the vehicle, use of licences and control documents, statistical reports)

• Withdrawal of the licence

– State of affairs point supplemented by point f) the authorized activities permanently (for at least 6 months) not performed without informing the transport authority

Electronic register

The electronic register will be set up in Hungary by the binding date, although the database we had before mainly contained data related to the authorization process.

The competenet authority

• We have slight difficulty with the organization that was earlier a nationwide authority operating as one organization, now it is divided into 21 parts. 20 of them integrated into 20 other large entities.

• The control authority and the licensing authority are the same.

Closing

Proposal

Thank you for your attention!