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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 01.05.2004.–30.06.2006.
Amendments not included: 27.06.2006., 30.11.2010., 20.12.2011., 26.01.2016.
Disclaimer: The English language text below is provided by the Translation and Terminology Centre for information only; it confers no rights and imposes no obligations separate from those conferred or imposed by the legislation formally adopted and published. Only the latter is authentic. The original Latvian text uses masculine pronouns in the singular. The Translation and Terminology Centre uses the principle of gender-neutral language in its English translations. In addition, gender-specific Latvian nouns have been translated as gender-neutral terms, e.g. chairperson.


Republic of Latvia

Cabinet
Regulation No 327
Adopted 20 April 2004

Procedures for the Performance of Own-account Passenger and Freight Transport Operations

Issued pursuant to
Section 51, Paragraph two
of the Road Transport Law

I. General Provisions

1. These Regulations prescribe the procedures by which a merchant shall perform own-account passenger transport operations by bus and own-account freight transport operations by motor-driven road freight transport vehicle.

2. A merchant shall be permitted to perform inland passenger own-account transport operations by bus which shall be intended for the carriage of passengers (nine or more people, excluding the driver), as well as domestic and international own-account freight transport operations by motor-driven road freight transport vehicle the total permissible weight of which, including towed trailers, does not exceed 6 tons or the permissible lifting capacity of which, including towed trailers, exceeds 3.5 tons, if the road vehicle in question has an own-account transport operation certificate (Annex) issued by the Ministry of Transport or by an institution authorised thereby (hereinafter - institution).

3. A merchant shall perform international passenger own-account transport operations by bus which shall be intended for the carriage of passengers (nine and more people, excluding the driver) in accordance with the Council Regulation (EEC) No. 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus, Commission Regulation (EC) No. 2121/98 of 2 October 1998 laying down detailed rules for the application of Council Regulations (EEC) No. 684/92 and (EC) No. 12/98 as regards documents for the carriage of passengers by coach and bus, and Council Regulation (EEC) No.881/92 of 26 March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing across the territory of one or more Member States.

4. The period of validity of the own-account transport operation certificate (hereinafter - certificate) is five years.

5. Upon the performance of own-account transport operations, the driver of the road vehicle shall, in addition to the documents specified in the regulatory enactments on carriage by road and road traffic, keep on board the road vehicle the following documents:

5.1. the original of the certificate specifying the registration number of the relevant road vehicle;

5.2. the contract of employment of the driver or an extract thereof if the road vehicle is not driven by the merchant himself or herself; and

5.3. if the merchant is leasing the road vehicle - the lease contract for the road vehicle or an extract thereof specifying the name (for natural persons - given name, surname and personal identity number) of the lessor and lessee of the road vehicle, the date of entering into and term of validity of the lease contract, as well as information regarding the road freight transport vehicle (make, model, year of construction, State registration number and identification (chassis) number). The referred to contract or extract thereof shall not be required if the merchant has been specified in the registration certificate as the holder of the road vehicle.

6. Upon the performance of international own-account transport operations, a merchant shall, in addition to the requirements referred to in these Regulations, comply with the requirements referred to in international agreements regarding carriage by road and road traffic.

II. Procedures for Obtaining a Certificate

7. In order to obtain a certificate a merchant shall submit to the institution:

7.1. a written application. The application shall indicate the merchant (for natural persons - given name, surname, personal identity number, for legal persons - name, registration number, registered office) and road transport vehicles (make, model, year of construction, State registration number and identification (chassis) number) for which the receipt of copies of the certificate is required;

7.2. a copy of the articles of association (presenting the original);

7.3. a copy of the registration certificate of the road transport vehicle (presenting the original);

7.4. if the road transport vehicle is being leased - a copy of the lease contract for the road transport vehicle (presenting the original). The referred to contract shall not be required if the carrier has been specified in the registration certificate as the holder of the road transport vehicle; and

7.5. in cases provided for in regulatory enactments regarding road traffic - a certification that the road transport vehicle has been equipped with a device for recording the driving and resting time, driving distance and speed.

8. After review of the submitted documents the institution shall issue to the merchant a certificate or shall provide a substantiated refusal - not later than within a period of 30 days from the day of receipt of the application.

9. A merchant may dispute the refusal of the institution to issue the certificate in accordance with the procedures specified in regulatory enactments regulating the administrative procedure.

10. In order to re-register a certificate (to extend the period of validity) a merchant shall submit the documents referred to in Paragraph 7 of these Regulations not earlier than six months and not later than one month prior to the end of the period of validity of the existing certificate.

11. If the information specified in the certificate changes, in order to re-register the certificate the merchant shall submit the application and copies of the documents (presenting the originals) referred to in Sub-paragraph 7.1 of these Regulations certifying the changed information.

12. In case of loss of the certificate the institution shall, upon written request by the merchant, issue a duplicate of the certificate upon which the notation "Dublikāts" [duplicate] shall be made. The merchant shall publish the information in the newspaper Latvijas Vēstnesis [the official Gazette of the Government of the Republic of Latvia] regarding the loss of the certificate. The institution shall issue a duplicate of the certificate upon presentation of the publication.

III. Registration and the Keeping of Certification Documents

13. The record-keeping of issued certificates shall be performed by the institution, which shall establish an informative database of own-account transport operators.

14. The certificate shall be drawn up in three copies - one original and two copies. In the performance of own-account transport operations, the original of the certificate shall be kept in the road vehicle. The merchant shall keep a copy of one certificate in his or her own undertaking, the other shall be kept by the institution.

15. The merchant to whom the certificate has been issued shall be liable for the utilisation of the certificate. The certificate may not be transferred for use to third parties.

IV. Temporary Suspension of the Validity of the Certificate and Cancellation of the Certificate

16. Prior to examination of a matter regarding temporary suspension of the validity or cancellation of the certificate, the institution shall inform the merchant in writing regarding the essence of the violation and shall invite the merchant to participate in the examination of the matter.

17. The validity of an issued certificate may be suspended for a time period not exceeding three months if the merchant has violated the requirements of the regulatory enactments regarding carriage by road and road traffic.

18. A certificate may be cancelled, if the merchant:

18.1. has provided false statements;

18.2. on the basis of the issued certificate performs carrying for remuneration and/or hire;

18.3. has failed to take out the certificate within a period of one month; and

18.4. has repeatedly violated the requirements of regulatory enactments regarding carriage by road and road traffic.

19. A merchant shall transfer the certificate to the institution within a period of two weeks following the decision of the institution regarding temporary suspension of the validity or cancellation of the certificate.

20. If the validity of the certificate is temporarily suspended, the time period shall be calculated starting from the day on which the certificate was transferred to the institution.

21. A merchant may dispute the decision of the institution regarding temporary suspension of the validity of the certificate or the cancellation thereof in accordance with the procedures specified in regulatory enactments regarding the administrative procedure.

22. If the certificate is cancelled, the institution shall specify the period (not shorter than six months) after which the merchant may submit an application for obtaining a new certificate.

V. Closing Provisions

23. These Regulations shall come into force on 1 May 2004.

24. The Cabinet Regulation No. 546 of 23 December 2002, Procedures for the Performance of Self-carriage of Passengers and Freight (Latvijas Vēstnesis, 2002, No. 190) is repealed.

Informative Reference to European Union Directives

These Regulations contain norms arising from Council Directive 84/647/EEC of 24 July 1990 on the use of vehicles hired without drivers for the carriage of goods by road.

Prime Minister I. Emsis

Acting Minister for Transport,
Deputy Prime Minister A. Šlesers

 

Annex
Cabinet Regulation No. 327
20 April 2004

Model Certificate for Own-account Passenger/Freight Transport Operations

(sturdy A4-format paper)

LV;

Republic of Latvia
Ministry of Transport;

   

 

name of the institution;

CERTIFICATE
FOR OWN-ACCOUNT PASSENGER/FREIGHT 1 TRANSPORT OPERATIONS
(first page)

(part of the document to be completed by the merchant performing own-account transport operations)

Responsible person  
 

(given name and surname)

at the commercial company
 

(name and full address of the merchant)

__________________________________________________________ certifies that

- the transport operation is being performed for non-profit-making and non-commercial purposes;

- transport operations are only an ancillary activity for the said merchant;

- the road vehicle with the registration No. ___________ is the property of the merchant/subject-matter of a lease contract; and

- the road vehicle is being driven by an employee of the represented merchant or the responsible person who has signed the certificate.

   
 

(signature of the responsible person)

(part of the document to be completed by the institution)

Certificate valid from ________________ until _________________.
Issued on

.

 

(signature of the head of the institution and the seal of the institution)

1 Delete as appropriate

(second page)

General Provisions

1. The certificate shall entitle the holder thereof to provide own-account passenger/freight transport operations by the road vehicle specified in the certificate.

2. When performing own-account transport operations the driver of the road vehicle shall, in addition to the documents specified in regulatory enactments regarding carriage by road and road traffic, keep on board the road vehicle the following documents:

2.1. the original of the certificate specifying the registration number of the relevant road vehicle;

2.2. the contract of employment of the driver or an extract thereof if the road vehicle is not being driven by the merchant himself; and

2.3. if the merchant is leasing the road vehicle - the lease contract of the road vehicle or an extract thereof specifying the name (for natural persons - given name, surname and personal identity number) of the lessor and lessee of the road vehicle, the date of entering into and the term of validity of the lease contract, as well as information regarding the road transport vehicle (make, model, year of construction, State registration number and the identification (chassis) number). The said contract or extract thereof shall not be required if the merchant has been specified in the registration certificate as the holder of the road vehicle.

3. The certificate may not be transferred for use to a third party.

4. When carrying out international own-account transport operations, the merchant shall, in addition to the requirements specified in the Cabinet Regulation No.327 of 20 April 2004, Procedures for the Performance of Self-carriage of Passengers and Freight, comply with the requirements specified in international agreements regarding carriage by road and road traffic.

Acting Minister for Transport,
Deputy Prime Minister A. Šlesers

 


Translation © 2004 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)

 
Document information
Title: Kārtība, kādā veicami pasažieru un kravas pašpārvadājumi Status:
No longer in force
no longer in force
Issuer: Cabinet of Ministers Type: regulation Document number: 327Adoption: 20.04.2004.Entry into force: 01.05.2004.End of validity: 01.12.2019.Publication: Latvijas Vēstnesis, 68, 30.04.2004.
Language:
LVEN
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