1984L0647 — EN — 31.07.1990 — 001.001 — 1
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►B COUNCIL DIRECTIVE
of 19December 19 84
on the use of vehicles hired without drivers for the carriage of goods by road
(84/647/EEC)
(OJ L 335, 22.12.1984, p. 72)
Amended by:
Official Journal
No page date
►M1Council Directive 90/398/EEC of 24 July 1990 L 202 46 31.7.1990
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COUNCIL DIRECTIVE
of 19December 19 84
on the use of vehicles hired without drivers for the carriage of
goods by road
(84/647/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 75 thereof,
Having regard to the proposal from the Commission,Having regard to the opinion of the Economic and Social Committee (
1),
Having regard to the opinion of the European Parliament (2),
Whereas, from a macroeconomic point of view, the use of hired
vehicles permits, in certain situations, an optimum allocation ofresources by limiting the wasteful use of factors of production;
Whereas, from a microeconomic point of view, this possibility brings an
element of flexibility to the organization of transport, and thus increasesthe productivity of the undertakings concerned;
Whereas the First Council Directive of 23 July 1962 on the establish-
ment of common rules for certain types of carriage of goods by roadbetween Member States (
3), as last amended by Directive 82/50/EEC (4),
must be amended,
HAS ADOPTED THIS DIRECTIVE:
Article 1
For the purposes of this Directive:
— ‘vehicle'mea ns amotor vehicle, atra iler, asemi-tra iler, or acombi-
nation of vehicles intended exclusively for the carriage of goods,
— ‘hired vehicle'means any vehicle which, for remuneration and for a
determined period, is put at the disposal of an undertaking whichengages in the carriage of goods by road for hire or reward or for itsown account on the basis of a contract with the undertaking whichmakes the vehicles available.
Article 2
Each Member State shall allow the use within its territory, for the
purposes of traffic between Member States, of vehicles hired by under-takings established on the territory of another Member State providedthat:
1. the vehicle is registered or put into circulation in compliance with
the laws in the latter Member State;
2. the contract relates solely to the hiring of a vehicle without a driver
and is not accompanied by a service contract concluded with thesame undertaking covering driving or accompanying personnel;
3. the hired vehicle is at the sole disposal of the undertaking using it
during the period of the hire contract;
4. the hired vehicle is driven by personnel of the undertaking using it;5. proof of compliance with the above conditions is provided by the
following documents, which must be on board the vehicle:
(1) OJ No C 10, 16. 1. 1984, p. 91.
(2) OJ No C 35, 9. 2. 1984, p. 19.
(3) OJ No 70, 6. 8. 1962, p. 2005/62.
(4) OJ No L 27, 4. 2. 1982, p. 22.
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(a) the contract of hire, or a certified extract from that contract
giving in particular the name of the lessor, the name of thelessee, the date and duration of the contract and the identificationof the vehicle;
(b) where the driver is not the person hiring the vehicle, the driver’s
employment contract or a certified extract from that contractgiving in particular the name of employer, the name of theemployee and the date and duration of the employment contractor arecent pa y slip.
If need be, the documents referred to in (a) and (b) may be replaced
by an equivalent document issued by the competent authorities ofthe Member State.
Article 3
1. Member States shall take the necessary measures to ensure that
their undertakings may use, for the carriage of goods by road, under thesame conditions as vehicles owned by them, hired vehicles registered orput into circulation in compliance with the laws in their countries,provided that those undertakings fulfil the conditions laid down inArticle 2.
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2. Member States may exclude from the provisions of paragraph 1own-account transport operations carried out by vehicles with a totalpermissible laden weight of more than 6 tonnes.
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Article 4
1. This Directive shall not affect the regulations of a Member State
which lays down less restrictive conditions for the use of hired vehiclesthan those specified in Articles 2 and 3.
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Article 5
Without prejudice to Articles 2 and 3, this Directive shall not affect the
application of the rules concerning:
— the organization of the market for the carriage of goods by road for
hire or reward and own account and in particular access to themarket and, in particular, concerning quota restrictions on roadcapacities,
— prices and conditions for the carriage of goods by road,— the formation of hire prices,— the import of vehicles,— the conditions governing access to the activity or occupation of
road-vehicle lessor.
Article 6
In Annex I to the First Council Directive of 23 July 1962, point 11 (d),
first subparagraph is replaced by the following:
‘(d) the vehicles carrying the goods must be owned by the under-
taking or have been bought by it on deferred terms or hiredprovided that in the latter case they meet the conditions ofCouncil Directive 84/647/EEC on the use of vehicles hiredwithout drivers for the carriage of goods by road (
1).
(1) OJ No L 335, 22. 12. 1984, p. 72.'
Article 7
Member States shall take the measures necessary to comply with this
Directive not later than 30 June 1986 and shall forthwith inform theCommission thereof.
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Article 8
No later than 30 June 1989 the Council shall re-examine Articles 3
(2) and 4 (2) hereof on the basis of a report from the Commissionaccompanied by proposals, if appropriate.
Article 9
This Directive is addressed to the Member States.