Carriage of goods or passengers (> 3.5 tonnes)

This page was last modified on 09-11-2017

A business permit is required to work as a road haulage and passenger transport operator.

The business permit is granted to the business (either the business manager operating under his own name or the company he runs) provided that:

  • the manager meets the requirements in terms of qualification and professional integrity;
  • and the business has a fixed physical establishment in Luxembourg (no so-called 'letterbox companies');
  • the company has the financial capacity to carry out its project.

Compliance with the conditions of access to the profession is verified by the Directorate for SMEs and Entrepreneurship when the application for a business permit is submitted.

The establishment then has to proceed with various registrations/affiliations, depending on the legal business structure chosen before it can begin operation.

Transport operators who plan to undertake the carriage of passengers or goods in all the countries of the European Economic Area (EEA) and in Switzerland must apply for a Community licence (after having obtained the business permit).

Forms / Online services

Carry out your procedure:

Who is concerned

The activity of international road haulage and passenger transport operators includes:

  • the carriage of goods by road with vehicles (trucks, tractor units or coupled vehicles) whose maximum allowable weight exceeds 3.5 tonnes;
  • the carriage of passengers by road in vehicles (bus or coach) with more than 9 seats.
The carriage of goods by road with vehicles (vans or coupled vehicles) of less than 3.5 tonnes and the transport of passengers by road in vehicles with less than 9 seats (including the activities of taxis and rental car services) are considered to be general commercial services and therefore are subject to specific requirements.

The activity of road haulage or passenger transport operators for exclusively non-commercial purposes or as an incidental activity do not require a specific business permit for the transport sector.

Prerequisites

Professional integrity

The candidate must provide proof of professional integrity.

The applicant's professional integrity may be compromised if:

  • the applicant does no longer comply with the requirements in terms of professional integrity following his involvement in a bankruptcy;
  • the applicant has been sentenced for a serious offence concerning:
    • the pay and conditions of work in the profession;
    • the activities of road haulage or passenger transport operators, namely with regard to the driving and rest time regulation for drivers, the maximum weight and size of commercial vehicles, road safety regulations and the safety of the vehicles, etc.

Financial capacity

The candidate must have the necessary financial resources to correctly start up and ensure the proper management of the transport activity.

International transport operators must provide a surety or guarantee from an authorised banking or other financial establishment.

The amount of the surety is EUR 9,000 for the first commercial vehicle and EUR 5,000 for each additional vehicle.

Transport operators who use vehicles of a maximum allowable weight of 3.5 tonnes and only operate on short distances are exempt from sureties or guarantees.

Moreover, transport operators who only provide national transport services are also exempt.

Professional competence

In order to provide proof of the qualifications and guarantees required to access the profession of road haulage or passenger transport operator, the manager must take training courses at the House of Training and successfully pass the final exam.

This training is reserved for Luxembourg residents only. International candidates (non-residents) must take the training in their country of residence.

The business manager will receive a certificate in the event of successful completion of the exam.

Candidates can be granted an exemption from the training course if they:

  • have 5 years of professional experience in a management role in a transport business or;
  • have a diploma or certificate from a higher or technical education establishment.

Note that the exemption only applies to the training course and not to the exam which must be passed in any case.

The certificate of professional competence can be issued by a foreign authority designated to this purpose by a Member State of the European Union.

Operational headquarters

Candidates must have a fixed physical business headquarter in Luxembourg, i.e. an operational infrastructure which reflects the importance of the activity carried out.

All documents relating to the activities must be kept at the headquarter and a person who is authorised to act for and on behalf of the transport operator must be present at all times.

Costs

The application for the business permit is subject to stamp duty (droit de chancellerie), i.e.:

  • either a tax stamp, value EUR 24, purchased at the Indirect Tax Authority (AED);
  • or the proof of payment of EUR 24 into the IBAN account LU09 1111 7026 5281 0000, BIC code: CCPLLULL of the bureau des actes civils, stating the communication «autorisation d’établissement» (business permit).

How to proceed

Business permit application in Luxembourg

Candidates must apply for a business permit to the General Directorate for SMEs and Entrepreneurship at the Ministry of the Economy:

Several supporting documents must be attached to the application.

Documentary proof of qualification

In order to provide proof of professional qualification, business managers must attach the following to their business permit application:

  • a certificate of successful completion of the final exam organised by the House of Training or issued by a foreign authority designated to this purpose by another EU Member State;
  • or, in the case of professional experience in another Member State of the European Union:

Documents attesting professional integrity

In order to provide proof of professional integrity, applicants must attach the following to their business permit application:

  • applicants who do not reside in Luxembourg or have been residing in the country for less than 5 years:
    • an affidavit (sworn statement);
    • a declaration of non-bankruptcy drawn up before a notary;
    • an extract from the criminal record ou equivalent issued by the country of origin.

Other documents to be submitted with the application

The following documents must also be attached to the business permit application:

  • a copy of the manager's identity card;
  • proof of payment of stamp duty (droit de chancellerie), in the form of:
    • either a tax stamp, value EUR 24, purchased at the Indirect Tax Authority (AED);
    • or proof of payment of EUR 24 into the IBAN account LU09 1111 7026 5281 0000, BIC code: CCPLLULL of the bureau des actes civils, stating the communication «autorisation d’établissement» (business permit).
  • for applications by companies (legal person), a copy of the company’s articles of association registered with the Trade and Companies Register or a copy of the draft articles of association.

In the event of an online application for a business permit via MyGuichet (with a Luxtrust card), the system will automatically generate the list of supporting documents to be attached to the application, which may vary depending on the data entered by the applicant.

Managers who run their business as a sole proprietorship can collect their business permit at the Joint Social Security Centre (CCSS).

Managers who run their business in the form of a company (partnership / capital company) will receive their business permit by post.

Registrations/affiliations depending on the legal form of company

After the entrepreneur has been granted the business permit, he must carry out various administrative procedures which depend on the legal form of business chosen.

Community licence

After having obtained the business permit, the entrepreneur must apply for a Community licence in order to undertake the carriage of passengers or goods for hire in all the countries of the European Economic Area (EEA) and in Switzerland.

The application should be submitted to the Department of Transport, Directorate of Road Transports, under the Ministry of Sustainable Development and Infrastructure.

Who to contact

Ministry of the Economy

B.P. 535 - L-2937 - Luxembourg
Luxembourg
Phone: (+352) 247-74700
Fax: (+352) 247-74701
Email info.pme@eco.etat.lu

Opening hours
The telephone helpline is open Monday to Friday, from 13.00 to 17.00 (not on public holidays).
14, rue Erasme
L-1468 - Luxembourg
Luxembourg
Phone: (+352) 42 39 39 - 330
Email info@houseofentrepreneurship.lu

Opening hours
from 8.30 to 17.30