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Ensuring Good Repute in Transport Industry: Challenges and Consequences

Learn about challenges and consequences related to good repute in the transport industry, including sanctions, administrative procedures, and rehabilitation. Explore the process and implications of maintaining good standing in the sector.

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Ensuring Good Repute in Transport Industry: Challenges and Consequences

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  1. Access to the Profession-Application of Annex IV

  2. Overview Challenges Good repute – Who? Good repute – Which sanctions? Administrative procedure Consequences

  3. 1. Challenges of Annex IV Type of infringement regardless the penalty; The obligation of an administrative procedure; “Penalties” instead of only “convictions” (more data providers);

  4. 2. Good Repute – who?

  5. Good Repute – Who? Article 6, paragraph 1: The conduct of the undertaking, its transport managers and any other relevant person.

  6. Belgian Application The undertaking; The transport manager(s); Persons entrusted with the daily management (CEO, ... );

  7. The conduct of the driver? The transport manager(s) / undertaking will usually be prosecuted (along with drivers) since they will be held (criminally) responsible for the behavior of the drivers. For example: infringements on driving times & rest periods

  8. 3. Which sanctions?

  9. Article 6, paragraph 2 Article 6, paragraph 2: convictions or penalties; Convictions + Every payment that drops criminal prosecution (i.e. on-the-spot-fines, administrative sanctions, ...).

  10. Rehabilitation One who has been convicted of a serious criminal offence or incurred a penalty for one of the most serious infringements as set out in Annex IV shall be rehabilitated after 2 years (or 4 in case of repetition) regarding the requirement of good repute;

  11. 4. Administrative procedure

  12. Article 6, paragraph 2 When an infringements on Annex  IV has been committed,the competent authority of the Member Stateofestablishment shall carryout in an appropriate and timelymanner a duly completed administrative procedure, whichshall include, if appropriate, a check at the premises of the undertaking concerned.

  13. 2 Phases: A. Filter procedure Examination by a small group (4 or 5 persons) within the Ministry of Transport; Ad hoc approach  sort of jurisprudence; 2 way outcome: good repute OR treatment by the Road Haulage Commission.

  14. B. Road Haulage Commission Existing official commission; Composition: President + vice-president Members from the Ministry of Transport Official Representatives for the Transport Undertakings, Employees, ... Rights of Defence; Result: advice – Decision by Minister of Delegate; In case of loss of good repute: reasoning + justification.

  15. What shall be taken into account? The precise circumstances of the infringement; The impact of the infringement on road safety and the competitiveness of the undertaking; The evolution of the behavior of the undertaking or the persons involved (frequency of infringements, …); The number of vehicles belonging to the undertaking

  16. (Dis)advantages Advantages Involvement of all stakeholders; Ad hoc approach – proportionate response in an individual case. Disadvantages Heavy procedure.

  17. 5. Consequences

  18. Withdrawal Loss of good repute results in the withdrawal of the licence; The withdrawal is never permanent – once the good repute is restored, the licence can be reissued; Future: possible “suspension”.

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