PERMIT MANAGEMENT TASKS OF LOADING AND UNLOADING SITES IN THE LIGHT OF THE BIREG

From 1 January 2021, a new administrative obligation is imposed on companies, mainly carriers and self-billing transport companies, which has to be completed in the BiReg system operated by the transport authority.  From 4 February 2021 onwards, the registration of operators and carriers will cover transport tasks carried out under CEMT or under authorisations issued on the basis of bilateral or multilateral international agreements (bilateral authorisation). 

In our newsletter in january, 2021, we have summarize the most important information for these carriers.

In this newsletter, we will focus on the obligations of loading and unloading sites, in particular as the legislator has imposed a serious control obligation on them, with significant penalties. In addition, from 1 July 2021, uploading and unloading sites will also be obliged to use BiReg in their permit management activities.

Government Decree No 261/2011 (XII.7.) on road transit for remuneration, self-billing transport of goods, and passenger transport for remuneration by bus and coach and self-billing transport of passengers (hereinafter referred to as the GD.) contains rules on the obligations of loading and unloading sites.

The GD provides that an economic operator carrying out international road transit for remuneration must present to the consignor at the place of loading in Hungary / to the consignee at the place of unloading in Hungary

• the CEMT authorisation or the authorisation issued for the truck on the basis of a bilateral or multilateral international agreement (hereinafter referred to as bilateral authorisation)
• and the confirmation of the completion of the transport registration previously sent by the BIREG system.

Inspection obligation of loading and unloading sites

Based on the GD, the consignor must inspect at the place of loading in Hungary and the consignee must inspect at the place of unloading in Hungary:

• the existence, duration and conformity with the transit operation of the CEMT authorisation or bilateral authorisation, and
• the validity of the transport registration.

The consignor and the consignee also have administrative duties (authorisation management).Those include:

• register on the logbook of the CEMT authorisation or on the bilateral authorisation the place and time of loading and unloading, the odometer reading of the truck carrying out the transit operation and stamp the

place of loading or unloading.

• make a photocopy of the logbook (cover and page concerned) or of the licence 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.

Please note that the GD does not require the environmental classification of CEMT permits to be checked or the certificate to be copied, but the obligation to check is nevertheless extended to them for the following reasons.

In accordance with GKM Decree 56/2005 (VII.7.) on the rules for the use of transport permits established by the European Conference of Ministers of Transport, the CEMT permit is valid only together with the accompanying logbook and the document certifying the EURO classification of the truck. If these three documents are not available to the driver, or if one of them is not satisfactory, the licence is considered invalid and the haulier is therefore carrying out an unauthorised transport operation within the meaning of the legislation.

The obligation to check the environmental classification of the loading and unloading site follows from the requirement to verify the existence and validity of the CEMT permit and its compliance with the transit task, as required by the LR. Since the CEMT authorisation is a compulsory part of this technical certificate, it is also subject to the obligation to check, make and keep a copy.

In order to prove the environmental classification of the vehicle, if this cannot be established from the registration certificate of the vehicle, the Hungarian place of loading and unloading must request or verify, together with the registration certificate, the certificate of compliance of the truck with the technical and safety requirements for exhaust and noise emissions.

From 1 July 2021, the consignor at the place of loading in Hungary and the consignee at the place of unloading in Hungary must check the existence of the CEMT or Bilateral Authorisation 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 transit operation and upload the consignment note for the registered transport operation.

What to do in an event of breaking the law

The loading or unloading site also has a reporting obligation if it detects an illegal activity.

If the above mentioned CEMT or bilateral authorisation is missing, not valid or not appropriate for the transit operation in question, or if the transport registration has not been carried out by the driver or the keeper of the lorry, the consignor or consignee must report it to the transport authority or customs or the police immediately after the error is detected.

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

Authorities to be notified:

National Tax and Customs Office: ugyelet@nav.gov.hu, 1/456-9555, +3620-2504711

Ministry of Innovation and Technology (ITM), Road Traffic Control Department (KKEF) kkef@itm.gov.hu, khu@itm.gov.hu, 1/373-1471

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 to wait for the competent authority to arrive, it is sufficient to make the report and document it.

Penalties for breaches of permit management rules and failure to notify

A place of loading or unloading which infringes the provisions of the above-mentioned GD. concerning 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 to manage documents and notify authorities in case of a misdemenaor is HUF 300,000 which shall be paid by consignor and the consignee.

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

If the transport authority establishes 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 a misdemeanor, the place of loading or unloading may be subject to a fine.

The procedures related to the imposition of fines shall be conducted in accordance with Act CL of 2016 on the General Administrative Procedure (hereinafter: the General Administrative Procedure Act).

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