Directive 1984/647 - Use of vehicles hired without drivers for the carriage of goods by road - Main contents

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Council Directive 84/647/EEC of 19 December 1984 on the use of vehicles hired without drivers for the carriage of goods by road

Official Journal L 335 , 22/12/1984 P. 0072 - 0073

Finnish special edition: Chapter 7 Volume 3 P. 0104

Spanish special edition: Chapter 07 Volume 3 P. 0225

Swedish special edition: Chapter 7 Volume 3 P. 0104

Portuguese special edition Chapter 07 Volume 3 P. 0225

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COUNCIL DIRECTIVE

of 19 December 1984

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 of resources 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 increases the productivity of the undertakings concerned;

Whereas the First Council Directive of 23 July 1962 on the establishment of common rules for certain types of carriage of goods by road between 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' means a motor vehicle, a trailer, a semi-trailer, or a combination 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 which engages in the carriage of goods by road for hire or reward or for its own account on the basis of a contract with the undertaking which makes 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 undertakings established on the territory of another Member State provided that:

• 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 the same 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:

(a) the contract of hire, or a certified extract from that contract giving in particular the name of the lessor, the name of the lessee, the date and duration of the contract and the identification of the vehicle;

(b) where the driver is not the person hiring the vehicle, the driver's employment contract or a certified extract from that contract giving in particular the name of employer, the name of the employee and the date and duration of the employment contract or a recent pay slip.

If need be, the documents referred to in (a) and (b) may be replaced by an equivalent document issued by the competent authorities of the 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 the same conditions as vehicles owned by them, hired vehicles registered or put into circulation in compliance with the laws in their countries, provided that those...

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