The law of the 3 trucks and why the European Court wants to sue it against Spain
In order to establish a HGV road transport company in Spain it is a requirement to hold a “Public Authorization of Merchandise”, which can only be obtained by meeting a series of requirements, including being in possession of 3 vehicles which are aged less than 5 months since their first matriculation.
As this is does not tend to happen in most European countries, the European Commission has filed a claim against Spain. This law is considered unreasonable and discriminatory, since the requirement of owning 3 vehicles imposes a greater barrier of entry into the market than in other European countries.
On the other hand, the Spanish government maintains its defence of the aforementioned requirement to access the transport sector, the main given reason being the excessive “scattering” which characterizes the Spanish corporate sector, contributing to the “obscurity” of this market. Thus, it is advisable to establish a requirement of a minimum fleet of vehicles in order to “offer more transparency and greater legal and economic security in the commercial relationships between hauliers and their clients.
For that matter, in the upcoming meeting between FENADISMER and the Minister of Development, the former will propose an active defence of the current legislation and organisation of the road transport sector in Spain, in the face of criticism from different European institutions. They’re aim is to emphasise that this regulation has been completely beneficial both for the transport sector as well as for the rest of the Spanish economy. In this meeting, the Minister of Development alongside the National Committee of Road Transport will analyse the current situation which the road transport sector in Spain finds itself in.
If the claim made by CNMC stands, the requirement of owning a minimum initial fleet of three new lorries in order to obtain transport authorization, would be automatically repealed, so that from that day forward access would be available with only one vehicle, regardless of its age. According to Fenadismer this would, in practice, cause a massive and uncontrolled entry of new carriers into this sector. In addition, the collateral effect would be an immediate loss in value of the current authorizations held by hauliers.
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