“Combined Freight Transport” among EU States finds its legal source in directive CEE n. 92/106 of 7/12/1992 accepted in Italian law with D.M. 15/02/2001.
PRESIDENT’S AGENDA by Francesca Fiorini/lawyer
According with art. 1 D.M. 15/02/2001: “meaning of <<combined freight transport>> is freight transport among EU States or Parties who are according to European Economic Space in which lorries, trailers, semitrailers (with or without tractor vehicle), container (over 20 feet) carry on the initial part or the final part of the itinerary by road and another part of the itinerary by railway, fairway or by the sea and there are the following conditions:
- Part of the itinerary by railway, fairway or by the sea has a distance that exceed 100 km as the crow flies;
- For initial part by road, the itinerary is from point of loaded freight to closest station; for the final part by road, the itinerary is from closest station to point of unloaded freight. Otherwise, initial part or final part of the itinerary by road, has a distance that exceed 150 km as the crow flies from the port.
Letter of Ministry of Transport, Prot. n. 25149 of 18 March 2018 shows requirement so that this kind of transport could be happen and provides related benefits in the following situations:
- Combination of road haulage transport and transport by railway or maritime way: road haulage transport has to be in related with another mode of transport. So, the vehicle has to travel initial part or final part of the itinerary by road. Combination transport has to happen in EU territory or in the European Economic Space.
- Distance limits from road haulage to railway combined transport: railway transport shall be at least 100 km as the crow flies, while road haulage transport shall be the shortest itinerary from starting point (or final point) to the closest station. This station has be equipped with all intermodal infrastructures.
- Distance limits from road haulage transport to maritime way: shipping journey shall be at least 100 km as the crow flies, while road haulage transport shall be maximum 150 km as the crow flies from starting point (or final point) to the port.
- Objective conditions: this kind of transport could be as subject:
- Vehicle; in this case it represent the subject of combined freight transport.
- Trailer or semitrailer; in this case is the tractor vehicle that goes to station or to port to hook the trailer and continue the itinerary.
- Container over 20 feet; in this case is the whole vehicle that goes to port or to station to catch the object.
Subjective conditions: combined freight transport can be done by road haulage companies of EU States or companies who are part of European Economic Space and qualified for international road haulage.
Starting itinerary and final itinerary. Art. 4 of D.M. 15/02/2001: “Road haulage companies which are estabilished in EU States or are part of European Economic Space, and that has requirements to carry out their activity according to art. 1, can transoport trought itineraries that are integrant part of combined freight transport even when strating point or final point are outside boundaries”.
- Rates: according to art. 6 D.M. 15/02/2001: “Payment do to combined freight transport is freely negotiated between the parties”.
- MIT letter n. 2/2006 of 23/01/2006 prot. 13/80 has changed last letter n. 1/2005 of 26/07/2005 prot. N.2932/80: “According to art. 4 of legislation n. 92/106/CEE about combined freight transport, road itineraries from loaded freight point to rail statior or to ferry and conversely are integrant part of combined freight transport, so they aren’t part of cabotage transport”.
Transport Document. Art. 3 of D.M. 15/02/2001 estabilished that the document of combined freight transport “has to explain loaded and unloaded freight stations related to railway itinerary or loaded and unloaded freight river ports related to waterway itinerary or loaded and unloaded freight maritime ports related to seaway itinerary. These mentions have decided before the transport and have confirmed throught a stamp by the administration of rail stations or by the administration of river and maritime ports, at the end of railway transport or waterway transport”.
Legislation 92/106 of 7 December 1992 and next ministerial decree, foresees that road haulage transport has to be demonstrated by the exhibition of “Transport Document” which guarantee the real execution of “Combined Freight Transport”. (MITRA’s letter 15/01/2015 prot. 300/A/205/15/108/13/).
Letter of Intern Ministry Prot. 300/A/205/15/108/13/1 and MIT Prot. 744 of 15/01/2015 specified that: “doesn’t exist a typical format of Transport Document, even if has expected written form”; therefore is possible show only one document which include the necessary elements that demonstrate the reason of itinerary, even if these informations could be demonstrated by another document on board of vehicle. In this last case has to be possible the whole and unmistakable reconstruction of combined freight transport.
Documents on board shall have necessary these informations:
- Transport company data;
- A copy of EU driving licence; if the driver is a non-EU citizen with a short term residency permit is required his driving licence;
- For the railway itinerary and waterway itinerary is necessary indicate the position of station or port where the freight will be loaded and unloaded. This document shall be write before the start of road haulage journey and shall be stay on board during whole itinerary; document have to indicate: the starting point of vehicle and its final destination; the specific location where freight is loaded and unloaded; in case of container transport, document have to indicate where it is hook. Document shall be followed by other documents which guarantee the regular execution of the itinerary (tickets, booking, documents release by offices of port or rail stations, etc.).
Documents of combined freight transport shall be coherent with other documents on board, like the Convention des Merchandises par Route (CMR).
We have to specify that if the law about combined freight transport will be transgress and there won’t be the requirement explained, will be adopt the national law about illegal transport or illegal cabotage (art. 46 o 46 bis l. 298/1974).