TransporTrends November 2024: Misconceptions about corporate licenses, corporate own-account transport, and the commission agent regulation

In our new TransporTrends series in cooperation with Kompetenznetzwerk Logistik.NRW / LOG-IT Club e.V. we regularly report on current topics, decisions & trends in transport and logistics law - this time on misconceptions about corporate licenses, corporate own-account transport, and the commission agent regulation.

Do you distribute products that need to be transported to your customers? Then you are obliged to ensure that all necessary transport permits/licenses are in place. Today, we want to clarify common misconceptions in this area, because ignorance does not protect against fines.

Misconception 1:
The client overlooks that the transport license – which they have duly requested to see – is not issued to the transporting company. Often, there is both a similarity in names and a connection between the license holder and the actual transporting company.

• Transport licenses are not valid across corporate groups.
• When contracting transportation services, ensure that the transport license is issued specifically to the company performing the transportation, not to a sister, subsidiary, or parent company.

Misconception 2:
This involves transportation within a corporate group. It is often unclear which entity is transporting goods for which other entity within the group. The mistake lies in assuming that transportation within a corporate group is always classified as *own-account transport*. Unlike professional transport, own-account transport does not require a transport license. However, keep the following in mind:

• Corporate transport is not automatically own-account transport.
• When a legally independent company transports goods for another legally independent company, it is not considered transport for "own purposes" – even if both belong to the same corporate group.

Misconception 3:
This concerns the rule that transportation by commercial agents, brokers, and commission agents falls under the regulations for own-account transport. What is sometimes overlooked here is that this rule applies only if a vehicle is used with a payload, including any trailer, not exceeding 4 tons.

• If your commercial agents, brokers, and commission agents do not hold a transport license and rely on the extended own-account transport rule, ensure they use vehicles with a payload, including trailers, not exceeding 4 tons. Otherwise, a transport license is required.

Not a Misconception:
It is accurate that transportation using vehicles with a total weight/mass, including trailers, of no more than 3.5 tons does not require a transport license.

THE AUTHOR AS WELL AS YOUR USUAL CONTACT PERSONS ARE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE!

Gisela Hebrant, LL.M.
hebrant@tigges.legal
+49 211 8687 185