Permit management activities of loading and unloading sites in the light of BiReg

From 1st January 2021, a new administrative obligation will be imposed primarily on carriers and carriers perform transport operation on own account, covering the registration of the operator and the transport. The companies concerned have to use the BiReg system operated by the transport authority to fulfil their administrative tasks.

Under the rules in force on 1st January 2021, the obligation to register the operator and the transport was extended to carriers located in EU Member States. As a result of a legislative amendment, from 4th February 2021, the registration obligation will only apply to transport operations carried out under a CEMT or under a bilateral or multilateral international permit (bilateral permit).

In this newsletter, we focus on the obligations of loading and unloading sites, particularly as they are also subject to strict control obligations and significant penalties. In addition, from 1st July 2021, loading and unloading sites will also be obliged to use BiReg during their permit management activities.

Government Decree No 261/2011 (XII.7.) on commercial road haulage, own-account road haulage, commercial passenger transport by coach and own-account passenger transport (hereinafter referred to as Government Decree) contains rules on the obligations of loading and unloading sites.

The Government Decree stipulates that the economic organization carrying out international road haulage for a fee must present to the consignor at the place of loading in Hungary, to the consignee at the place of unloading in Hungary

• its CEMT permit or the permit issued for the lorry on the basis of a bilateral or multilateral international agreement (hereinafter referred to as bilateral permit)

• and the confirmation of completion of the transport registration previously sent by the BIREG system.

The obligation of the loading and unloading sites

According to the Government Decree at the place of loading in Hungary the consignor, at the place of unloading in Hungary the consignee has to check:

• the existence, the duration of CEMT permit or bilateral permit and its compliance with the haulage task, and
• the validity of transport registration.

The consignor and consignee also have administrative tasks (permit management). Within the permit management task:

• on the transport record or bilateral permit forming part of the CEMT permit enter the place and time of loading and unloading and the odometer reading of the lorry carrying out the haulage and place a stamp of the place of loading or unloading on it.  
• make a copy of the transport record (relevant page and cover) or of the permit and keep it for one year at the place of loading or unloading in Hungary or at the consignee's premises, attached to the consignment note, and present it at the request of the authorities.

We would draw your attention to that the Government Decree does not require the environmental classification to be checked or the certificate about it to be copied in connection with CEMT permits, but the obligation to check is nevertheless extended to them for the following reasons:

In accordance with GKM (Ministry of Economy and Transports) Decree No 56/2005 (VII.7.) on the rules of use of transport licences established by the European Conference of Ministers of Transport, the CEMT permit is valid only together with the connected transport record and the document certifying the EURO classification of the lorry. If these three documents are not available to the driver, or if one of them is not sufficient, the permit is considered invalid and the carrier is therefore carrying out unauthorised transport within the meaning of the legislation.

The obligation to check the environmental classification of the loading and unloading site arises from the requirement to verify the existence and validity of the CEMT permit and its compliance with the transport task, as determined in the Government Decree. Since the CEMT permit is compulsorily accompanied by this technical certificate, it is also subject to the obligation to check, make copies and keep.

In order to prove the environmental classification of the vehicle, - if this cannot be determined from the registration certificate of the vehicle - the Hungarian loading and unloading site has to request and check, together with the registration certificate, the certificate of compliance of the lorry with the technical and safety requirements for exhaust and noise emissions.

From 1st July 2021, in case of the haulage carried out with CEMT permit or bilateral permit, the consignor at the place of loading in Hungary and the consignee at the place of unloading in Hungary has to check the existence of the CEMT or Bilateral permit uploaded in advance by the carrier in the BIREG system, record the place and time of loading and unloading, the odometer reading of the lorry carrying out the transport and upload the delivery note for the registered transport operation.

Tasks in case of infringement

In addition to the above obligations, a loading and unloading site is also required to report any infringements it detects.

If the CEMT or bilateral permit is missing, not valid or not appropriate for the certain transport operation, or if the transport registration has not been carried out by the driver or the operator of the lorry, the consignor or consignee must notify the transport authority or the customs authorities of this fact immediately on discovery of the error.

The consignor is entitled to refuse to load the goods if the absence, invalidity or incompleteness of the permit or the failure or lack of the registration of the transport is discovered at the time of loading.

Authorities to be informed:

National Tax and Customs Authority:

ugyelet@nav.gov.hu, +361/456-9555, +3620/250-4711

Transport Authority:

Innovation and Technology Ministry (ITM), Road Traffic Control Department (KKEF)

kkef@itm.gov.hu, khu@itm.gov.hu, +361/373-1471

The notification must be made to the telephone number or e-mail address provided and must be documented and presented in case of an inspection. When an infringement is detected, it is not necessary to detain the vehicle or wait for the competent authority to arrive, but only it is necessary to make the report and document it.

Penalties for non-compliance with permit management rules and failure to notify

The loading or unloading site which infringes the provisions of the above-mentioned Government Decree concerning the permits and documents required for the provision of road transport services may be subject to an administrative fine.

The amount of the administrative fine for failure to comply with the obligation of the loading and unloading site to manage permit and notify is HUF 300 000, to be borne by the consignor or consignee.

The transport authority can check the compliance with the obligations directly at the loading and unloading sites. The authority can also reach the consignor or consignee by carrying out a roadside check on the carrier and, if the documentation is inadequate or the carrier is carrying out unauthorised transport activities, it can trace the transport back to the loading or unloading site, which can then also be checked.

If the transport authority concludes that the consignor or consignee has not complied with the obligation to manage the permit or has not notified the competent authorities in the event of an infringement, the loading or unloading site may be fined.

The procedures related to the imposition of fines are carried out on the basis of Act CL of 2016 on the General Administrative Procedure.

The legislation in force does not allow for the exercise of fairness in administrative proceedings, even in cases where there are humanly justifiable circumstances, and therefore there is no possibility to reduce or waive the fine imposed.