Publication date: 11.07.2024
The procedure for obtaining a licence for transport activities
Transport activities play a key role in ensuring economic development and mobility of the population. To carry out this activity in Ukraine, mandatory licensing is required. Obtaining a transport licence is a necessary step for any company or individual entrepreneur planning to provide transport services. In this article, we will review the main aspects of the transport licensing process, the regulatory framework, requirements for applicants, stages of the licensing process and possible consequences of non-compliance with the licensing conditions.
Legal and regulatory framework
The process of licensing transport activities in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Licensing of Economic Activities":
- Defines the general legal framework for licensing of economic activities, establishes the list of activities subject to licensing, the procedure for obtaining a licence and requirements for licensees.
Law of Ukraine "On Motor Vehicles":
- Regulates the legal, economic and organisational framework for the operation of road transport, sets out requirements for carriers and the licensing procedure for activities in this area.
Law of Ukraine "On Railway Transport":
- Defines the legal framework for the functioning of railway transport, establishes rules for the provision of transport services and requirements for licensing activities.
Law of Ukraine "On Air Transport":
- Regulates the legal framework for the operation of aviation transport, establishes rules for the provision of aviation services and the licensing procedure.
Law of Ukraine "On Urban Electric Transport":
- Regulates legal relations in the field of urban electric transport, establishes requirements for carriers and the licensing procedure.
Law of Ukraine "On Maritime and River Transport":
- Defines the legal framework for the operation of sea and river transport, establishes rules for the provision of water transport services and requirements for licensing activities.
Resolutions of the Cabinet of Ministers of Ukraine and other bylaws:
- Regulate certain aspects of transport licensing, define specific requirements for applicants and the procedure for submitting documents.
Main requirements for applicants
In order to obtain a transport licence, a business entity must meet a number of requirements set out in the legislation. The main requirements include:
Registration of a legal entity or individual entrepreneur:
- The applicant must be registered as a legal entity or individual entrepreneur in accordance with the laws of Ukraine.
Compliance with the material and technical base:
- The business entity must have the necessary material and technical base to carry out transport activities, including vehicles, equipment, garages, repair shops, etc.
Qualification of the staff:
- The entity must have qualified employees with the necessary knowledge and experience to carry out transport activities. The staff must have the appropriate education, training and certificates.
Financial solvency:
- The applicant must confirm its financial capacity to carry out transport activities, including the availability of the necessary financial resources to maintain and develop the material and technical base.
No criminal record:
- The managers and employees of the business entity must not have any convictions for serious crimes, crimes against life and health, as well as other crimes provided for by law.
The procedure for obtaining a licence
The procedure for obtaining a transport licence includes several main stages:
Preparation of documents:
- The applicant must prepare a package of documents required to obtain a licence. This package includes:
- An application for a licence in the prescribed form.
- Copies of constituent documents (for legal entities).
- A copy of the state registration certificate.
- Documents confirming the availability of the material and technical base.
- Qualification documents of employees.
- Financial statements and other documents confirming financial solvency.
- A certificate of no criminal record for managers and employees.
- An application for a licence in the prescribed form.
Submission of anapplication to the licensing authority:
- The application together with the package of documents is submitted to the relevant licensing authority (for example, the State Service of Ukraine for Transport Safety). The documents may be submitted in person, by mail or electronically through specialised portals.
Consideration of theapplication by the licensing authority:
- The licensing authority considers the submitted application and checks the submitted documents for compliance with the requirements of the law. If necessary, additional checks or requests to other authorities may be made.
Making a decision on granting a licence:
- Based on the review of the application and verification of the documents, the licensing authority makes a decision to grant or refuse a licence. In case of refusal, the applicant has the right to receive a reasoned response stating the reasons for the refusal.
Issuance of the licence:
- In case of a positive decision, the licensing authority issues the applicant a licence to carry out transport activities. The licence may be issued in paper or electronic form.
Peculiarities of licensing certain types of transport activities
Licensing of different types of transport activities has its own peculiarities, depending on the specifics of transport and legal requirements:
Licence for road transport:
- A licence for road transport is issued to companies engaged in passenger and freight transport by road. Requirements to the material and technical base, staff qualifications and financial solvency are determined by the relevant regulations.
Licence for railway transportation:
- A railway transport licence is issued to companies engaged in passenger and freight transport by rail. Particular attention is paid to the technical condition of the railway composition, safety of transportation and compliance of equipment with safety standards.
Air transport licence:
- An air transport licence is issued to companies engaged in passenger and freight transportation by air. The requirements for licensees include the availability of certified aircraft, flight crew qualifications and compliance of equipment with technical safety standards.
Licence for urban electric transport:
- A licence for urban electric transport is issued to enterprises engaged in passenger transportation by urban electric transport (trams, trolleybuses, subways).So, whether you need a lawyer's advice or a lawyer's advice, it doesn't matter. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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