The international carriage of goods by road have increased their importance from the sixties, reaching a spectacular development in the last decade and, now, still have a growing importance, which determines an increase in security and speed requirements.
The various domestic laws of individual countries had to go through a carrier in the conduct of an international transport were always an obstacle to the security and speed, and the different rules for traffic and road signs, features must meet the vehicles, different customs procedures, etc. made it vital to try to reach a unified standard for the maximum number countries.
This has resulted in international transport, as well as being subject to domestic transport domestic legislation, is also subject to international regulations, which constitutes its legal framework, the latter being formed by the set of agreements, conventions or international treaties which entered into by countries, national laws become once they have been ratified by the parliaments.
The internal regulations applicable to international transport is contained in the ROTT ROTT and has a residual character and respect international conventions so that they take precedence over those in their application.
International agreements are classified as bilateral when both countries signed, and multilateral agreements, if signed more than two. Bilateral
These agreements incorporate the material rules which govern international transport vehicles one of the signatory countries make up inside the other, have a more detailed content than multilateral agreements, although they often assume the frame that fit those, most bilateral agreements are similar as they follow the recommendations of the European Conference of Ministers of Transport (ECMT)
This international organization comprised of all the countries of the European Union (EU), Norway, Switzerland, Turkey and Yugoslavia aims to adopt measures to achieve better use and more rational development of European inland transport international.
Spain has signed bilateral agreements at different levels, with almost all European countries comprising, among others, the following:
- Allowing carriers from one country to perform international transport to or from the territory of another .
- Commitment to impose no technical or tougher fiscal carriers other than to their own country, as well as application exemptions from customs duties on the vehicle fuel tank and spare parts.
- Obligations of carriers and sanctions for noncompliance
- which are deregulated
Transport - Transport that require prior authorization, but the grant is contingent and may be granted without limitation of number.
- Transport that require prior authorization and the grant is subject to a quota. Multilateral
.
Normally, multilateral agreements are the result of international conferences in which representatives of governments of different nations sign a text that contains the agreements who have arrived after the discussion, and is then subject to ratification by parliament of each country.
meetings in the EU and the Economic Commission for Europe (UNECE) UN have gestated most mulilaterales agreements signed by Spain.
Among the agreements that relate, more or less directly, with international freight trnasporte road worthy of mention:
1. Agreements on transport contracts:
international transport contracts is governed by the UNECE Convention (CMR)
This agreement provides the same type of contract freight applies to all international road transport, provided that the countries of origin and destination, or one of them are signatories to the agreement (except postcards, burial and removal)
The consignment note is voluntary, but their conditions are prima facie evidence.
Contractors may choose as a jurisdiction for claims between the defendant's residence or the source or destination of the goods.
2. Agreements on customs procedures.
Trying to simplify customs procedures have been established several conventions, among which the Customs Convention on the International Transport Commodity ECE, 1975, known as the TIR Convention
3.Acuerdo European transport International Maritime Dangerous Goods (ADR)
4.Acuerdo for the International Carriage of Perishable Goods (ATP)
5.Acuerdos on road signs and traffic.
like to emphasize the Vienna Convention of 1968, which standardizes the traffic rules and road signs and signals and road markings have the same meaning, traffic rules are similar, a driver's certificate issued one of the signatory countries can move within the territory of any of the signatories, for vehicles to drive through a country can run on another without modifications, etc. All seeking to achieve that foreign countries can circulate without too much difficulty.
6. Agreements on working conditions for crews.
are the EU Regulation 3820/85 and the ECE European Agreement concerning the work of crews (ERTA) which is in force in Spain since 1976. Within the Union governing the regulation and outside the Union
AETR INTERNATIONAL TRANSPORT OF GOODS
The English companies wish to make international public transport heavy goods must register in advance at the General Register of Carriers, in Subsection Business International Transport of Goods (RETIM)
From 1993 he introduced a unique multilateral authorization or license for the International Carriage to carry between countries of the EU (Community License) will be awarded to any company registered in the RETIM upon request. These licenses are only needed for the international transport of goods in heavy vehicles which travel is not liberalized and that all transport vehicles light and supplementary private transport have been liberalized within the EU
The Community authorization shall be renewed every 5 years. SPECIFIC AUTHORIZATIONS
Depending on their origin, transport specific authorizations interancional fall in bilateral and multilateral bilateral authorizations are
foreign asutorizaciones those whose grant has been awarded to the English government, through the corresponding agreement with the Foreigner State concerned, and that enabled the English to carry out transportation carrier in this state and from that State, or in transit through it. Authorizations are
those authorizations multilateral international organizations of which Spain is a member of which is entrusted to grant him the English government in the rules of those organizations and to enable the English carrier for transportation to and from any of the Member States, or in transit through them.
bilateral authorizations and licenses CEMT can be contingent (subject to a quota determined in the agreement) or non-quota.
may also be also trnasporte:
1 - In Transit permit to cross a country Otmar goods without leaving it to go to a third party.
2 - De triangular transport: those that allow the realization of a trnasporte between two countries using a vehicle registered in a country called Third, the latter must be traversed to perform trnsaporte.
multilateral authorization of the European Union
There is a unique multilateral authorization or license for international transport to make the transport between countries in the EU (Community License) uqe be awarded to any company registered in RETIM upon request. These licenses are only needed for the international transport of goods in heavy vehicles which travel is not liberalized, and we all stransportes light duty vehicles and private transport are complementary within the EU liberalized
The Land Transport Department will issue as many true copies of the Community authorization as the company asked holder to a number of permits equal to the freight transport of such shareholder. Community
The license must be renewed every 5 years
Transport liberalized
not need specific approval for its implementation but only need to be enabled in generically. Are deregulated
- All are made in light vehicles
- all supplementary private
- the medicines and other items needed for emergency relief
- the vehicles damaged in accidents or
- the postal system of public service.
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