Obtainign special permits and licenses is mandatory in many business fields. In this article, our lawyers in Romania discuss licensing for road transportation.
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Question: What are the mandatory documents for obtaining a public transportation license in Romania?
Answer: In order to obtain a Romanian public transportation license, a company must file a dossier at a Romanian Road Authority office, which must contain the following documents:
1. a formal, written request;
2. depending on the judicial form of the company:
- the company’s registration certificate from the National Trade Register and the company’s Articles of Associations, which must prove that road transportation is one of the company’s objects of activity;
- the foundation’s/association’s Articles of Association, its fiscal code and the evidence that the company is registered in the Register of Associations and Foundations, which must prove that the foundation or non-profit association has the permission to carry out road transportation activities.
Our team of Romanian lawyers can provide more details about the different requiremens according to business form, as well as the differences between the SRL and other legal entities.
3. in order to obtain a Romanian Transportation License, it is also mandatory to submit the papers of the person who was designated to manage, effectively and permanently, the road transportation activity:
- the designation decision which must bear evidence that the person is the manager of the road transportation activities and that he/she has the proper authority to exercise his/her attributions;
- a valid certificate released by the Romanian Road Authority attesting that the person is professionally trained for this position;
- the person’s criminal record which must bear evidence that the person was never convicted for serious crimes, including commercial violations.
4. the financial proof that the company has enough resources for the motor vehicles for which the company requests copies, possessing a financial basis of 9000 euro for the first vehicle and 5000 euro for subsequent vehicles. The financial proof must be certified as described below:
- for companies – through their individual capital, supplemented with bank statements or insurance. The individual capital must be certified through a legalized copy of the company’s most recent balance sheet which was presented to the financial administration;
- for non-profit associations and foundations – through the company’s patrimony, supplemented with bank statements or insurance. The value of the patrimony must be certified through a legalized copy of the company’s most recent balance sheet, which was presented to the financial administration;
- in the case of newly established companies, their financial proof must be certified through the deposited social capital, supplemented by bank statements or insurance. Once the company fills its first balance sheet, the legalized copy of this document must be presented to the financial administration and it must prove that the company possesses the financial situation detailed above.
The public transportation license certificate is valid for a period of 5 years, from the date the issuance fee was paid. Our Romanian lawyers can help you obtain this special license.
Question: How many types of public road transportation exist in Romania and how can the transportation be performed? Do I need any special technical equipment for this business?
Answer: There are two types of public road transportation:
- passenger transportation;
- merchandise transportation.
Public road transportation, whether it is passenger or merchandise transportation, can be performed only with motor vehicles which are built for the intended type of transportation and which are equipped with tachographs and speed limiter, in compliance with the current regulations.
It is also necessary that each vehicle used for public transportation has a document called “COPIE CONFORMA” in Romanian, which must be always kept inside that specific vehicle for immediate reference.
Our attorneys in Romania can provide further guidance on these two types and the licensing requirements. Below, we further discuss the documents reuqired.
In order to receive a “Copie Conforma” for one of its vehicles, the transportation company must file a dossier at a Romanian Road Authority office, which must contain the following documents:
- a formal, written request;
- the vehicle’s certificate of incorporation and identity card. In case a trailer will be attached to the vehicle, the same documents must be presented for the trailer as well;
- in case the vehicle’s ownership is proven by a contract which is not a property contract, a legalized copy of this contract will be attached;
- in the case of passenger vehicles, the certificate of classification according to the vehicle’s category or number of stars must also be attached;
- if the company plans to transport merchandise internationally, it must attach the certificate regarding the vehicle’s compliance with the pollution and road safety norms.
The “Copie Conforma” is released for successive periods or one year each, without exceeding the duration of the public transportation license. The attorneys at our law firm in Romania can assist you while you need to prepare the documentation for the license.
Question: What kind of licenses do I need to obtain in order to start a business in the national public transportation, in Romania?
Answer: In order to be able to carry out the activity of passenger transportation, a company must first acquire one or more licensed routes. The licensed routes are published and attributed by the Romanian Road Authority. Transportation companies should apply for licensed routes certificates, no earlier than the 15th day and no later than the 10th day before the attribution session will take place.
If you need help applying for these certificates, please reach out to the experts at our Romanian law firm.
The list with all the routes and the companies to which the routes have been attributed will be published on the Romanian Road Authority’s website.
Apart from licensing matters, we can also help you with various family law issues, including inheritance or property matters, but also with divorce in Romania. If you wish to get divorced and have questions about how your assets will be divided after your separation, our lawyers can answer your questions before you file for divorce. We also offer court representation during the divorce proceedings.
Question: What can your lawyers in Romania state about the licenses need for international passenger transportation in Romania?
Answer: The international passenger transportation through regular international traffic services will be carried out by Romanian transportation companies, on the basis of the competent authorization for international transportation issued by the country where the end destination of the itinerary is located, and the authorizations issued by the transitioned countries.
Our attorneys also provide other services to foreign clients, such as those related to buying land in Romania. Understanding the most important requirement and limitations is important before researching the available options. Our team can help you understand the conditions under which a foreigner can own land in Romania or help you purchase other types of properties.
We encourage entrepreneurship, so don’t let any legal matters stand in the way of opening or expanding your business. Our lawyers in Romania are here to help you with a free consultation, if you want to operate as a public transportation company in Romania.