Procedure for Application for and Issuing of a Transport Permit, the Details Given in a Transport Permit, the Procedure for Drawing up the ECMT Transport Permit Distribution Plan, the Form of a Bilateral Transport Permit and the Principles of Distribution of Bilateral Transport Permits
Passed 12.11.2018 No. 58
The Regulation is established on the basis of subsection 11 of § 25 of the Road Transport Act.
Chapter 1 General Provisions
§ 1. Scope of regulation
The Regulation regulates the application for, issuing of as well as the details given in a transport permit specified in subsection 1 of § 22 of the Road Transport Act, the procedure for drawing up the transport permit distribution plan of the European Conference of Ministers of Transport (ECMT) of the International Transport Forum and the principles of distribution of bilateral transport permits and establishes the forms of a bilateral transport permit.
§ 2. Environmentally friendly motor vehicle
For the purposes of this Regulation, ‘environmentally friendly motor vehicle’ means a motor vehicle the noise level, content of harmful substances in emissions and safety of which compl y with the requirements of EURO IV, EURO V or EURO VI motor vehicles and for which a certificate has been issued in accordance with Annex 7, 8, 9 or 10 of Regulation no. 77 of the Minister of Economic Affairs and Communications of 18 July 2019 ‘Conditions of and Procedure for Roadworthiness Testing of Motor Vehicles and their Trailers.’
Chapter 2 Procedure for Application for and Issue of an ECMT Transport Permit
§ 3. Applying for an ECMT transport permit
A written application containing the following information is submitted to the issuer of the permit by 1 November to apply for an ECMT transport permit for the upcoming year or, to apply for ECMT transport permits returned during the calendar year, by the deadline set by the issuer of the permit:
1) the name or business name and address of the establishment of the carrier applying for the ECMT transport permit;
2) the number of certified true copies of the Community licence issued for environmentally friendly motor vehicles used by the carrier specified in clause 1 (hereinafter copy of licence) separately for EURO IV, EURO V and EURO VI motor vehicles;
3) the number of ECMT transport permits applied for regarding the motor vehicles specified in clause 2 and the number of ECMT transport permits valid among them in the territory of the ECMT member country that restricts the use of ECMT transport permits;
4) the details of the first-time applicant for an ECMT transport permit regarding the use of bilateral transport permits in accordance with Annex 1 to the Regulation;
5) the date of submission of the application and the name and signature of the applicant.
§ 4. Preparation of an ECMT transport permit distribution plan and its amendment proposal and approval of adistribution plan
(1) The transport permit issuer prepares the ECMT transport permit distribution plan for the next year and submits it for approval to the minister responsible for the field by 1 December.
(2) To issue the ECMT transport permits returned to the issuer during the calendar year, the transport permit issuer prepares an ECMT transport permit distribution plan amendment proposal and submits it for approval to the minister responsible for the field.
(3) Upon preparation of the ECMT transport permit distribution plan and its amendment proposal, the ECMT transport permit applications received from carriers whereby there are no grounds for refusal to issue a transport permit under subsections 1 to 3 of § 26 of the Road Transport Act are taken into account.
(4) The ECMT transport permit distribution plan and its amendment proposal are prepared using the following formula:
(5) In the formula given in subsection 4:
1) ‘Lf ’ means the number of ECMT transport permits issued to the carrier per EURO IV, EURO V or EURO VI motor vehicles;
2) ‘Lk ’ means the number of ECMT transport permits allocated to Estonia per EURO IV, EURO V or EURO VI motor vehicles;
3) ‘Af ’ means the number of valid copies of the licence issued to the carrier per EURO IV, EURO V or EURO VI motor vehicles;
4) ‘Ak ’ means the number of valid copies of the licence issued per EURO IV, EURO V or EURO VI motor vehicles used by all the carriers specified in subsection 3.
(6) If the Lf result calculated in accordance with subsection 4 is a fraction, the number of the ECMT transport permits issued to the carrier per EURO IV, EURO V or EURO VI motor vehicles is equal to the full portion of the Lf result. The remaining ECMT transport permits are distributed under the distribution plan individually between the carriers that participated in the calculation in accordance with the formula given in subsection 4 on the basis of the ranking list drawn up using the size of the fraction.
(7) A list of ECMT transport permits valid in the territory of an ECMT member country that restricts the use of ECMT transport permits and a proposal to amend the list is prepared on the basis of the number of transport operations to and from the respective ECMT member country by the carrier specified in subsection 3 during the reporting period set by the transport permit issuer as well as on the basis of bilateral transport permits. An ECMT transport permit valid in the territory of an ECMT member state that restricts the use of the ECMT transport permits is first issued to the carrier specified in subsection 3 who engages in carriage between the said ECMT member country and another ECMT member country, provided that the carrier is not a carrier of the latter ECMT member country.
§ 5. Issue or refusal to issue an ECMT transport permit
In accordance with subsections 7 and 8 of § 25 of the Road Transport Act, the transport permit issuer issues or sends to the applicant an ECMT transport permit within five working days after the approval of the ECMT transport permit division plan or an amendment thereof.
§ 6. Details given in an ECMT transport permit
(1) The transport permit issuer gives the following details in an ECMT transport permit:
1) the name or business name and the address of the establishment of the carrier;
2) the place and date of issue and the term of validity of the permit;
3) the name and stamp of the issuer of the permit;
4) the signature of the person who issued the permit.
(2) In accordance with the requirements established by the ECMT, the transport permit issuer also adds stamps marking territorial and technical restrictions to the ECMT transport permit.
(3) The details given in the ECMT transport permit by the issuer must be indelible.
§ 7. An ECMT transport permit logbook and the details given therein
(1) The issuer issues an ECMT transport permit along with a logbook that complies with the form prescribed by the ECMT, indicating the number of the ECMT transport permit s thereon.
(2) The transport permit issuer issues a new logbook to the carrier at the carrier’s request once the logbook given along with the ECMT transport permit is full or has been lost, destroyed or stolen.
(3) Upon entry of a motor vehicle or a combination of vehicles used by a foreign carrier to Estonia and exit thereof from Estonia, the respective official of the Tax and Customs Board may add the customs inspection stamp, date of inspection and signature to the special comments field of the logbook upon inspection of an ECMT transport permit.
Chapter 3 Procedure for Application for and Issue of a Bilateral Transport Permit
§ 8. Applying for a bilateral transport permit
To apply for a bilateral transport permit, a written application containing the following details is submitted to the transport permit issuer:
1) the name or business name and address of the establishment of the carrier applying for the bilateral transport permit;
2) the country the bilateral transport permit of which is applied for;
3) the type and number of the bilateral transport permits applied for;
4) the planned time of carriage;
5) the date of submission of the application and the name and signature of the applicant.
§ 9. Principles of division of a bilateral transport permit
In accordance with subsections 2 and 3 of § 25 and subsection 1 of § 26 of the Road Transport Act, the transport permit issuer decides whether to issue or refuse to issue a bilateral transport permit.
§ 10. Issue or refusal to issue a bilateral transport permit
In accordance with subsections 7 and 8 of § 25 of the Road Transport Act, the transport permit issuer issues or sends to the applicant a bilateral transport permit within three working days after the receipt of an application for a bilateral transport permit.
§ 11. Details given in a bilateral transport permit
(1) Unless otherwise provided for in an international agreement or in an agreement made on the basis thereof, the transport permit issuer gives the following details in a bilateral transport permit:
1) the place and date of issue of the permit;
2) the name and stamp of the issuer of the permit;
3) the signature of the person that issued the permit.
(2) The details given in the transport permit by the issuer must be indelible.
(3) Upon entry of a motor vehicle or a combination of vehicles used by a foreign carrier to Estonia and exit thereof from Estonia, the respective official of the Tax and Customs Board adds the customs inspection stamp, date of inspection, signature and, where necessary, comments to the field on the reverse of the transport permit upon inspection of a bilateral transport permit the forms for which are given in Annexes 2–4 of this Regulation.
(4) Upon entry of a bus or coach used by a foreign carrier to Estonia and exit thereof from Estonia, the respective official of the Police and Border Guard Board adds the border inspection stamp, date of inspection, signature and, where necessary, comments to the field on the reverse of the transport permit upon inspection of a bilateral transport permit the form for which is given in Annex 5 of this Regulation.
§ 12. Forms of bilateral transport permits sent to a foreign competent authority
(1) The forms of bilateral transport permits sent to foreign competent authorities in accordance with international agreements are set out in Annexes 2–5 of the Regulation.
(2) At least one security feature is used in a bilateral transport permit sent to a foreign competent authority.
(3) Entries on a bilateral transport permit sent to a foreign competent authority must be in Estonian and English and, where agreed in the international agreement, also in Russian or German, except for the transport permit given in Annex 5 for the provision of occasional services by a bus or coach whereby the entries are in Estonian and Russian.
(4) Where a special condition of using a bilateral transport permit has been agreed on in an international agreement or on the basis thereof, such condition is entered in the special conditions field of a bilateral transport permit sent to the foreign competent authority.
Chapter 4 Procedure for Application for and Issue of an ECMT International Removal Permit
§ 13. Applying for an ECMT international removal permit
To apply for an ECMT international removal permit, a written application containing the following details is submitted to the transport permit issuer:
1) the name or business name and address of the establishment of the carrier applying for the ECMT international removal permit;
2) the date of submission of the application and the name and signature of the applicant.
§ 14. Issue or refusal to issue an ECMT international removal permit
(1) In accordance with subsection 6 of § 25 and subsection 1 of § 26 of the Road Transport Act, the transport permit issuer decides whether to issue or refuse to issue an ECMT international removal permit.
(2) In accordance with subsections 7 and 8 of § 25 of the Road Transport Act, the transport permit issuer issues or sends to the applicant an ECMT international removal permit within three working days after the receipt of an application for an ECMT international removal permit.
§ 15. Details given in an ECMT international removal permit
(1) The issuer of an ECMT international removal permit gives the following details in the permit:
1) the number of the permit;
2) the name or business name and the address of the establishment of the carrier;
3) the place and date of issue and the term of validity of the permit;
4) the name and stamp of the issuer of the permit;
5) the signature of the person who issued the permit.
(2) The details given in the ECMT international removal permit by the issuer must indelible.
Chapter 5 Implementation of Regulation
§ 16. Entry into force
Subsections 3 and 4 of § 11 and § 12 of the Regulation enter into force on 1 January 2019.
Kadri Simson
Minister of Economic Affairs and Infrastructure
Merike Saks
Secretary General
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