ISSN 1452-6662
Over 180 up-to-date legal acts of the Republic of Serbia translated to English.
Group: COMPANIES, BUSINESS
Issue: LAW ON ROAD FREIGHT TRANSPORT
Published in the Official Gazette of the RS, Nos. 68/15 of 4 August 2015 and 41/18 of 31 May 2018
Section: I INTRODUCTORY PROVISIONS

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  • Subject
     Article 1

    This Law shall regulate the conditions and manner of performing public freight transport and freight transport for personal needs in domestic road traffic, i.e. public freight transport and freight transport for personal needs in international road traffic and inspection supervision. 

    Transportation of freight in road traffic shall be performed in accordance with this Law and bylaws adopted on the basis of this Law, as well as ratified international agreements. 

    The provisions of this Law shall not apply to: 

    1) transportation of freight performed by vehicles of the Serbian Army and the ministry in charge of internal affairs; 

    2) transport of freight performed by a truck or a set of vehicles consisting of a truck and a trailer, the maximum permissible mass of which shall not exceed 1,500 kg. 

  • Definitions
     Article 2

    Certain expressions, in terms of this Law, shall have the following meanings:

    1) freight shall imply an item manipulated in terms of traffic and transport;

    2) transport of freight by road shall be the movement of an empty or loaded freight vehicle or a set of vehicles;

    3)  transport of freight in domestic road traffic shall be the transport of freight in road traffic in which the place of departure and place of arrival are located in the territory of the Republic of Serbia;

    4) transport of freight in international road traffic shall be the transport of freight in road traffic in the performance of which at least one state border is crossed;

    5) public transport of freight shall be the transport of freight by road when the company, other legal entity, entrepreneur or natural person performing the transport, charges for the transport service or realizes any direct or indirect economic benefit based on the performance of such transport;

    6) transport of freight for personal needs shall be the transport of freight in road traffic performed by a domestic company, other legal entity, entrepreneur, farmer, or foreign legal entity, entrepreneur or natural person free of charge in connection with activities from its activity;

    7) carrier shall be a company, other legal entity, entrepreneur or natural person, who, in accordance with the national legislation of the state in which its seat or residence is located, is approved to perform freight transportation;

    8) domestic carrier shall be a carrier whose actual and permanent seat is located in the territory of the Republic of Serbia;

    9) foreign carrier shall be a carrier whose seat or residence is located in the territory of another state;

    10) transport license shall be a public document by means of which a company, other legal entity or entrepreneur acquires the right to perform all or some types of public transport of freight by road;

    11) excerpt of the transport license shall be a public document by which the competent authority shall confirm that the freight vehicle with which the domestic carrier performs international or domestic public transport is registered in the decision on issuing the transport license;

    12) person responsible for transport shall be a person who is responsible for the actual and continuous management of transport activities employed in a company, other legal entity or an entrepreneur performing transport;

    13) certificate of professional competence shall be a public document confirming the professional competence of the person responsible for transport;

    14) bilateral freight transport shall be the transport of freight by road which is performed between the Republic of Serbia and another state;

    15) transit freight transport shall be the transport of freight in road traffic which is performed through the territory of the Republic of Serbia or another state without loading, i.e. unloading of freight in the territory of the Republic of Serbia or another state;

    16) transport of freight from or to third countries is the transport of freight by road which begins and ends in the territory of the state in which the seat or residence of the carrier is not located;

    17) combined transport shall be the transport of a road freight vehicle or a set of vehicles where part of the transport route is performed by rail or waterway, and part of the transport route by road over the shortest possible distances;

    18) permit shall be a public document which allows a domestic carrier access and movement in the territories of other states, and a foreign carrier access and movement in the territory of the Republic of Serbia;

    19) cabotage shall be the transport of goods by road performed by a foreign carrier between certain places in the territory of the Republic of Serbia;

    20) transport user shall be a company, other legal entity, entrepreneur or natural person who, on the basis of a contract with the carrier, acquires certain rights and assumes certain obligations;

    21) consignment note shall be a document by which the domestic carrier confirms to the consignor that the contract of carriage has been concluded and that the cargo has been received for carriage;

    22) CMR shall be a consignment note for the transport of freight in international road traffic;

    23) license for performing the duties of a professional driver (hereinafter: driver's license) shall be a public document determining the identity and basic occupation of the driver, in accordance with the regulations governing traffic safety on the roads;

    24) driver's certificate shall be a public document issued to a carrier for a driver who is employed to manage freight or set of vehicles, and who is not a citizen of the state in which the permanent or temporary residence of the carrier is located.

  • Freight Transport
     Article 3

    Freight transport by road may be public freight transport or freight transport for own needs.

    When performing public transport of goods, the route, the price of transport and other conditions of transport shall be determined by a contract entered into by and between the carrier and the user of transport.

    The following conditions must be met when transporting freight for own needs:

    1) that the transport of freight is not the predominant activity of the person performing it;

    2) that the transport of freight is performed free of charge;

    3) the freight to be transported must be owned, sold, bought, taken or leased, produced, processed or repaired by the same domestic company, other legal entity, entrepreneur, farmer, or foreign legal entity, entrepreneur or natural person performing transportation for its own needs; 

    4) the purpose of transport must be the transport of freight to or from the same domestic company, other legal entity, entrepreneur, farmer, or foreign legal entity, entrepreneur or natural person performing transport for their own needs or its movement either inside or outside the headquarters of the same domestic business company, other legal entity, entrepreneur, farmer, or foreign legal entity, entrepreneur or natural person performing transportation for their own needs;

    5) the driver of a freight vehicle or a set of vehicles used for such transport must be employed by the same domestic company, other legal entity or entrepreneur, in accordance with the regulations governing employment and filing a single application for compulsory social insurance as well as a farmer, i.e. a person employed by the same foreign legal entity, entrepreneur or natural person performing transportation for one's own needs;

    6) a freight vehicle or set of vehicles must be registered in accordance with the regulations governing road safety and owned by the same domestic company, other legal entity, entrepreneur or farmer who perform transportation for their own needs or is used on the basis of a financial leasing contract or used on the basis of a lease agreement concluded with a company, other legal entity, entrepreneur or natural person whose registered office or residence is located in the territory of the Republic of Serbia.

    Notwithstanding paragraph 3, item 1) of this Article, a domestic company, other legal entity, or entrepreneur for whom public freight transport is the predominant activity may perform freight transport for its own needs when that transport is performed in accordance with paragraph 3, items 2) to 6) of this Article.

    The transport of freight for own needs shall also include the management of a freight vehicle during the training of candidates for drivers, carried out by legal entities, i.e. secondary vocational schools and when taking the practical exam for candidates for drivers.

    A freight vehicle used for the transport of freight for own needs in road traffic, except for the freight vehicle referred to in paras. 4 and 5 of this Article, must have on the side doors, i.e. on the sides of the fright vehicle cabin, the business name and the inscription "Transport for own needs", written in letters of at least three centimetres high and a colour or sticker that differs significantly from the base colour of the vehicle, and may also have trademark, enjoying protection, in accordance with the law governing trademarks.

    No other inscriptions may be placed on the side doors or sides of the freight vehicle cabin, except for the inscriptions referred to in paragraph 6 of this Article. 

    Proof of employment of the driver in accordance with the regulations governing labour relations and the submission of a single application for compulsory social insurance must be found in the freight vehicle used for own needs, unless the driver is a farmer. 

    Freight vehicle or set of vehicles referred to in paragraph 3 of this Article belonging to a domestic company, other legal entity, entrepreneur or farmer which transporting freight for its own needs in international road traffic, in addition to the conditions defined by regulations on road safety, if applicable provided by international agreements or other international legal acts concluded for the purpose of implementing international agreements, must meet the technical requirements regarding noise and pollutant emissions and technical-operational requirements regarding traffic safety, prescribed by the act referred to in Article 13 paragraph 11 of this Law, whereas the Ministry in charge of transport (hereinafter: The Ministry), shall be supplied, in form of evidence, with the certificate referred to in Article 13, paragraph 9 of this Law. 

    The Ministry shall issue a certificate referred to in Article 13, paragraph 10 of this Law on the fulfilment of the conditions referred to in paragraph 9 of this Article. 

    Keeping records of a freight vehicle, as well as records of domestic companies, other legal entities, entrepreneurs, or farmers who transport freight for their own needs in domestic road traffic, except for freight vehicles with a maximum permissible weight not exceeding 3,500 kg, freight vehicles for driver's schools referred to in paragraph 5 of this Article, shall be entrusted to the municipal, i.e. city administration, i.e. the administration of the city of Belgrade on whose territory the seat of the domestic company, other legal entity or entrepreneur is located, i.e. the residence of the farmer.

    Records of the freight vehicle, as well as the records of the domestic company, other legal entity, entrepreneur, i.e. farmer performing the transport of freight for its own needs in international road traffic shall be maintained by the Ministry. 

    A domestic company, other legal entity, entrepreneur, i.e. farmer shall submit a request for entry in the records referred to in paras. 11 and 12 of this Article. 

    Entry in the records from paras. 11 and 12 of this Article shall be performed on the basis of the request referred to in paragraph 13 of this Article, which shall contain a statement on the registration marks of freight vehicle with which they will perform transportation for their own needs and if the conditions referred to in paragraph 3, items 1) and 6) of this Article have been met.

    If one of the contracting parties is a natural person, the contract referred to in paragraph 3, item 6) of this Article must be certified by the body responsible for certification.

    The body of the municipal or city administration, i.e. the administration of the city of Belgrade shall decide on the request, reach a decision, enter into records and issue the appropriate certificate for each registered freight vehicle that is allowed to transport freight for its own needs in domestic road traffic and supply the Ministry with data regarding the entry into records.*

    The Ministry shall decide on the request, reach a decision, enter into records and issue an appropriate certificate for each registered freight vehicle, that is allowed, in the capacity of a domestic freight company, other legal entity, entrepreneur, or farmer, to transport freight for their own needs in international road traffic.

    The domestic company, other legal entity, entrepreneur, or farmer shall be bound, within 15 days from the date of the incurred change, to inform the body referred to in paras. 16 and 17 of this Article of the change in data regarding the conditions on the basis of which entry into records was carried out. 

    The body from paras.16 and 17 of this Article shall issue a decision on entry of the change of data in the records referred to in paras. 11 and 12 of this Article. 

    A company, other legal entity or entrepreneur is obliged to return to the body referred to in paras. 16 and 17 of this Article the appropriate certificate referred to in para. 16 and 17 of this Article if no longer using the freight vehicle for which the certificate has been issued or if the changed data alter the content of the issued certificate. 

    The freight vehicle referred to in paragraph 17 of this Article may be used to transport freight for own needs in domestic road traffic. 

    The documentation proving the fulfilment of the conditions from paragraph 3, items 2)-6) of this Article and the certificate referred to in paras. 16 and 17 of this Article must be kept in the freight vehicle and be presented at the request of the body performing supervision in accordance with this Law.

    The Minister shall prescribe the manner of keeping records referred to in paras. 11 and 12 of this Article, the certificate form referred to in paras. 16 and 17 of this Article, as well as the manner of submitting the data referred to in paragraph 16 of this Article. 

    Records from paras. 11 and 12 of this Article shall contain data on the registration of a domestic company, other legal entity, entrepreneur, i.e. farmer and data on issued certificates referred to in paras. 16 and 17 of this Article. 

    The data relating to the farmer shall contain the name, surname, place and date of birth of the person as personal data, in accordance with the law governing the protection of personal data. 

    The decision referred to in paragraph 17 of this Article, the decision on entry of changes in data in the records referred to in paragraph 12 of this Article issued by the Ministry, as well as the decision on appeal against the first instance decision of the municipal or city administration or the City of Belgrade issued by the Ministry, shall be final.