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LAW No. 98-69 to improve CONDITIONS OF PRACTICE FOR MOTOR CARRIER

Last Updated on Sunday, 10 July 2011 05:56 Written by Administrator Sunday, 10 July 2011 05:36

The National Assembly and the Senate passed,

The President of the Republic promulgates the law which reads as follows

Article 1

Article 1 of Ordinance No. 58-1310 of 23 December 1958 concerning working conditions in road transport and private to ensure the safety of road traffic is amended as follows:

1 ° After the fourth paragraph is inserted three paragraphs as follows:

"4 In the vocational education and training of drivers, which will enable drivers to master the rules of road safety and security at a standstill, and the regulations on working time and driving time and rest.

"On the security stopped, account is taken of the different trades and specific conditions for carrying out the activity in each sector.

"These training activities are the types of actions defined in Article L. 900-2 of the Labour Code." ;

2 ° The penultimate paragraph reads:

"These obligations are defined by decree in Conseil d'Etat. However, the bonds referred to 4 may be, in respect of employees, sectoral collective agreements within a period of one year from the publication of Law No. 98-69 of 6 February 1998 to improve the conditions for exercising the profession of road transport. Failing agreement extended a decree of the Council of State makes up for. "

Article 2

Article 36 of Law No. 82-1153 of 30 December 1982 of inland transport is as follows:

Art. 36 .- On the national territory, the activities of public road transport of goods and rental of industrial vehicles with driver for the transport of goods carried under cover of a transport license or license within the community.

"The Community license is issued as provided by Regulation (EEC) No 881/92 of 26 March 1992.

"The license is issued to domestic transport companies on the register mentioned in Article 8 of this Act and which are not required to hold a Community license. This license is required for any trucking company public goods or rental of industrial vehicles with driver with one or more motor vehicles of at least two axles. It is on behalf of the company and not transferable. The company receives certified copies of its license inland transport equal in number to the number of vehicles it owns.

"A State Council decree, issued after the National Transportation Board, sets the rules for applying this Article, taking into account particular characteristics of each type of delivery."

Article 3

Article 37 of Law No. 82-1153 of 30 December 1982 referred to above reads:

"Art. 37 .- I - Authorizations and copies of the license or inland transportation of the Community in Parts III and IV of Title II of this Act may be withdrawn, as temporarily or permanently, in case of violation of provisions relating to transport, working conditions and security constituting at least one violation of the fifth class or of repeated offenses constituting at least the third class tickets.

"II .- Entering a report stating a violation of the provisions on tort transport, working conditions and safety, committed after at least a first offense of the same nature, the administrative authority may, irrespective criminal penalties, declare the detention of a vehicle or vehicles or combination vehicles available to a trucking company for a period of three months or less, risk and expense of it.

"The detention is executed under the control of the administrative authority in a place designated by the prefect. A publication on the premises of the company and sanctioned by the press of administrative penalty under this section is performed.

"III .- A State Council decree, issued after the National Transportation Board, sets the rules for applying this Article, including those regarding the publication of the administrative penalty, and lists the offenses mentioned in II ".

Article 4

I. - The start of the penultimate paragraph of Article 17 of Law No. 82-1153 of 30 December 1982 referred to above reads:

"The sanctions, including measures of radiation, removal and detention under ......

II. - The penultimate paragraph of Article 17 of Law No. 82-1153 of 30 December 1982 referred to above is supplemented by a sentence:

"The frequency of its meetings at least once a quarter."

Article 5

I - The last sentence of first paragraph of Article 26 of Law No. 95-96 of ¹ February 1995 on unfair terms and the presentation of contracts and regulating activities of economic and trade is replaced by a paragraph as follows:

"This document, signed by the sender or his representative, which is kept in the vehicle, referred to the dates and times of arrival and departure of the vehicle or combination of vehicles, both at the loading site that instead of unloading time of arrival at unloading requested by calling or his representative, and supplemental services, planned or completed, made by his crew. "

II - It is inserted in the highway code, article L. 9-2 as follows:

"Art. L.9-2 .- The absence in the vehicle of the document provided for in Article 26 of Law No. 95-96 of ¹ February 1995 on unfair terms and the presentation of various contracts and governing activities of economic and trade or for transportation that are not subject to the provisions of this article, the consignment under the Geneva Convention of 19 May 1956 on the Contract for International Carriage of Goods by Road, duly completed and signed by the sender or his representative causes immediate immobilization of the vehicle or combination of vehicles, and its cargo, under Article L. 25 in the following cases:

"- The passing of more than 20 km / h speed limit on roads open to public traffic or the speed limit by construction to the vehicle;

"- The passing of more than 20% of the maximum daily driving:

"- The reduction to less than six hours of daily rest period."

Article 6

It is inserted in the highway code, article L. 9-3 as follows:

"Art. L. 9-3. - In case of crime or offense for working conditions in road transport, found in the national territory, exceeding the driving time and reducing the rest time is calculated for the time period, including periods of driving time and rest periods spent abroad. "

Article 7:

I. - Article 95 of the Commercial Code provides:

"Art. 95. - The commission has lien on the value of goods subject to its obligation and the related documents for all claims commission on his principal even born during operations earlier.

"In the senior debt of the commission are included, with the principal, interest, commissions and associated costs."

II. - After section 108 of the Commercial Code, is inserted Article 108-1 provides:

"Art. 108-1. - The carrier has privilege on the value of goods subject to its obligation and the related documents for all claims of transportation even born during previous operations, with his client, the sender or recipient are indebted to him, to the extent that the owner of the goods on which the privilege is exercised is involved in trafficking.

"The claims of transport covered by the privilege are the prices of transport themselves, the additional remuneration due for additional services and immobilization of the vehicle loading and unloading costs incurred in the interest of the goods, disbursements customs (duties, taxes, fees and fines) associated with a transport operation and interest. "

III. - The 6 of section 2102 of the Civil Code is repealed.

Article 8:

In Article 46 of Law No. 82-1153 of 30 December 1982 cited above, the words "Chapter IV of Title I" are deleted.

Article 9:

I. - At the I c of section 25 of the Finance Act for fiscal year 1952 (No. 52-401 of 14 April 1952), the words "road transport inspectors" are replaced by "controllers land transport ".

II. - The I of Article 25 of the Finance Act for fiscal year 1952 above is supplemented by the following paragraph:

"Land Transport controllers can also record violations of forgery and forgery under the Penal Code relating to administrative titles of transport."

III. - The Section II of Article 25 of the Finance Act for fiscal 1952 is amended as aforesaid:

1 ° of the first paragraph reads:

"A) The exercise of an activity common carrier of passengers, road freight carrier, the car hire industry with driver or freight forwarder, as the company is not authorized under, as the case of I of Article 7 or 8 of Article I and the first paragraph of Article 36 of Law No. 82-1153 of 30 December 1982 for inland transport of Regulation ( EEC) No 881/92 of 26 March 1992, a bilateral agreement with a third country or, failing such agreement, an express decision of the administrative authority; "

After 2 d, e is inserted as follows:

"E) Putting in circulation a vehicle during the period of administrative detention in breach of the provisions of Section II of Article 37 of Law No. 82-1153 of 30 December 1982 referred to above. The court may also impose the following additional penalties:

"1 ° The immobilization for a period of one year of the vehicle subject of the offense or a vehicle with a maximum weight equivalent;

"2 and 3 deleted

"4 ° the public display or dissemination of the decision as provided by Article 131-35 of the Penal Code."

Article 10:

Section 101 of the Commercial Code provides:

"Art. 101. - The consignment forms a contract between the shipper, the carrier and the consignee or the consignor, consignee, forwarder and the carrier. The carrier has a direct action in payment for its services against the sender and recipient, which are guarantees of payment of the price of transport. Any clause to the contrary is void. "

Article 11:

Article ¹ of Law No. 75-1334 of 31 December 1975 on the sub-contracting is complemented by the following paragraph:

"The provisions of this Act shall apply to transport operations, the Client will be deemed to original owner, contractor and subcontractor of the carrier performing transportation operations being assimilated to the prime contractor. "

Article 12:

Article 34 of Law No. 82-1153 of 30 December 1982 referred to above is supplemented by the following paragraph:

"The rental of industrial vehicles with driver in a direct payment of benefits against the shipper and consignee, which are guarantors of payment of the rent payable by the carrier to whom they entrusted the delivery their goods. Any contrary clause is void. "

Article 13:

Chapter I of Title VI of Law No. 95-96 of 1 February 1995 referred to above is supplemented by Article 23-2 states:

"Art. 23-2 - During testing they do in business, the controllers of land transport shall be entitled to request any document allowing them to see the prices and the volume of activity or under-treated treated. The provisions of the fourth and fifth paragraphs of Article 4 of Law No. 92-1445 of 31 December 1992 on the relations of subcontracting in the field of road transport of goods are applicable to those controls. "

Article 14:

For the inclusion of periods during which the vehicle and its crew are available for loading and unloading under the third paragraph of Article 24 of Law No. 95-96 of ¹ February 1995 cited above, the Vehicle identification is the starting point from which short-time loading and unloading.

As of December 31, 1998, a decree shall, as appropriate, the conditions under which the identification is made under the preceding paragraph.

Article 15:

The Government will present to Parliament before 31 December 1998, a review of the implementation and effectiveness of all provisions concerning the conditions of exercising the profession of road transport and the control device.

This law shall be enforced as a law of the state.

Done at Paris on 06/02/98