GOVERNMENT OF THE REPUBLIC OF LITHUANIA

GOVERNMENT OF THE REPUBLIC OF LITHUANIA Official translation GOVERNMENT OF THE REPUBLIC OF LITHUANIA RESOLUTION No 1170 ON THE LICENSING OF ROAD TRANSPORT ACTIVITIES 1997 October 23 Vilnius The Government of the Republic of Lithuania, acting in pursuance of the Code of Road Transport of the Republic of Lithuania and with the aim of harmonising the licensing of road transport activities of the Lithuanian carriers with the EU directives, hereby r e s o l v e s:

1. To approve the Rules for the Licensing of Road Transport Activities (attached hereto).
2. To invalidate: 2.
3. point 1.
4. of Resolution No 844 of 9 November 1992 of the Government of the Republic of Lithuania on the Rules for the Issue of Motor Vehicle Transport Business Licences and Water Transport Business Licences (Official Gazette No 35-1071, 1992; No 34-782, 1993; No 79-1493, No 97-1920, 1994; No 31-724, 1995; No 15-397, 1996); 2.
5. points 1 and 2 of Resolution No 577 of 28 July 1993 of the Government of the Republic of Lithuania on the Amendments to Resolution No 844 of 9 November 1992 of the Government of the Republic of Lithuania (Official Gazette No 34-782, 1993); 2.
6. point 18 of Resolution No 947 of 6 October 1994 of the Government of the Republic of Lithuania on Measures to Strengthen Control Over the Production, Importation, Transit and Trade in Alcoholic Beverages, Tobacco and Petroleum Products, and to Improve Tax Collection (Official Gazette No 79-1493, 1994); 2.
7. point 1 of Resolution No 1245 of 12 December 1994 of the Government of the Republic of Lithuania on the Supplements to Resolution No 844 of 9 November 1992 and Resolution No 947 of 6 October 1994 of the Government of the Republic of Lithuania (Official Gazette No 97-1920, 1994); 2.
8. Resolution No 480 of 5 April 1995 of the Government of the Republic of Lithuania on the Amendments to Resolution No 844 of 9 November 1992 of the Government of the Republic of Lithuania on the Rules for the Issue of Motor Vehicle Transport Business Licences and Water Transport Business Licences (Official Gazette No 31-724, 1995).
9. To establish that this Resolution shall apply from 30 November
10. Prime Minister Gediminas Vagnorius Minister of Transport and Communications Algis Žvaliauskas APPROVED By Resolution No 1170 of 23 October 1997 of the Government of the Republic of Lithuania Rules for the licensing of road transport activities General information
11. These Rules shall establish the procedure for the issue, suspension, abolition of suspension and the revocation of licences for the carriage of passengers in the Republic of Lithuania along local and long-distance routes (i.e. within the country) and for the carriage of passengers and goods along international routes, as well as the essential requirements which are obligatory to economic entities engaged in the carriage of passengers within the country (along local and long-distance routes) and in the carriage of passengers and goods along international routes for reward.
12. A carrier, who is in possession of an appropriate licence, may carry passengers and goods by a vehicle which belongs to him by the right of ownership or which has been obtained under a lease contract and which complies with the established requirements.
13. For the purpose of these Rules, the following terms shall apply: 3.
14. 'carrier' means an undertaking registered in the Republic of Lithuania in accordance with the procedure prescribed by laws and having the right to carry passengers or goods; 3.
15. 'licence' means an authorisation issued to the carrier for the carriage of passengers within the country (along local and long-distance routes) and for the carriage of passengers and goods along international routes for reward; 3.
16. 'licence card' means a permit issued by the carrier in respect of the vehicle, which grants the right to carry passengers or goods; 3.
17. 'local route' means the carriage of passengers within the territory of the municipality of the city or the region, where the servicing route extends over the territory of not more than the municipalities of two neighbouring regions; 3.
18. 'long-distance route' means the carriage of passengers within the territory of the Republic of Lithuania, where the route extends over the territory of the municipalities of more than two neighbouring regions; 3.
19. 'green lorry' means a road haulage vehicle in compliance with the requirements of Resolution 91/2 of the European Conference of Ministers of Transport; 3.
20. 'greener and safe lorry' means a road haulage vehicle in compliance with the requirements of Resolution 95/3 of the European Conference of Ministers of Transport. Types of licences and terms for their use
21. These are the types of licences which shall grant the following rights: 4.
22. the licence to carry passengers by a light vehicle taxi - gives the right to carry passengers within the territory of the municipality which has issued the licence. The taking of passengers to any point of the Republic of Lithuania shall be permitted, however their servicing within the territories of other municipalities shall be prohibited; 4.
23. the licence to carry passengers along local routes - gives the right to carry passengers by light vehicles (regular services) and buses (regular and occasional services) within the territory of the municipality which has issued the licence by entering the territories of the neighbouring regions; 4.
24. the licence to carry passengers along long-distance routes - gives the right to carry passengers by light vehicles (regular services) and buses (regular and occasional services) within the territory of the Republic of Lithuania; 4.
25. the licence to carry passengers along international routes - gives the right to carry passengers by light vehicles (regular services) and buses (regular and occasional services) by crossing the state border of the Republic of Lithuania and within the territory of the Republic of Lithuania; 4.
26. the licence to carry goods along international routes - gives the right to carry goods by crossing the state border of the Republic of Lithuania by a road haulage vehicle the load capacity of which, including any trailer, exceeds 3.5 tonnes or the total weight of which exceeds 6 tonnes. No licences shall be required in respect of a vehicle the load capacity of which, including any trailer, does not exceed 3.5 tonnes or the total weight of which does not exceed 6 tonnes.
27. The carrier, who is in possession of an appropriate licence, shall issue a licence card conforming to the licence to the vehicle used for the carriage of passengers or goods and registered in the Republic of Lithuania. No licences shall be required in respect of trailers and semi-trailers.
28. Authentic licences shall be kept in the undertaking and licence cards shall be kept in means of vehicles.
29. The carrier may posses several types of licences.
30. Licences and licence cards may not be transferred to other natural or legal persons.
31. The same licence card may not be used in respect of other means of vehicles.
32. The following information shall be present in the licence: 10.
33. the licensing authority; 10.
34. the licence number; 10.
35. the activity subject to licensing; 10.
36. the licence holder (the code, name and address of the undertaking); 10.
37. the type of the licence; 10.
38. the date of issue of the licence; 10.
39. the position, full name and signature of the employee who has issued the licence.
40. The licence card shall bear the following information: 11.
41. the authority which has issued the licence card; 11.
42. the licence card number; 11.
43. the activity subject to licensing; 11.
44. the licence holder (the code, name and address of the undertaking); 11.
45. the type of the licence; 11.
46. the make, model and number plate of the vehicle; 11.
47. the date of issue of the licence card; 11.
48. the period of validity of the licence card; 11.
49. the position, full name and signature of the employee who has issued the licence card.
50. The format of licences and licence cards shall be established by the Ministry of Transport and Communications.
51. A stamp duty shall be paid for the issue of licences in accordance with the procedure prescribed by the Government of the Republic of Lithuania.
52. An authorisation shall be required for the carriage of passengers on regular services along specified routes. The procedure and terms for the granting of authorisations shall be established by the Ministry of Transport and Communications. Issue of licences and licence cards
53. Licences to carry passengers by a light vehicle - taxi and by buses along local routes shall be issued by the municipality in which the undertaking is registered.
54. Licences to carry passengers along long-distance routes and to carry passengers and goods along international routes shall be issued by the State Road Transport Inspectorate under the Ministry of Transport and Communications.
55. The licence shall be for an unlimited period of time however it must be reregistered in the issuing authority every five years.
56. The period of validity of licence cards shall be as follows: 18.
57. up to 2 years in respect of light vehicles; 18.
58. up to 5 years in respect of buses and road haulage vehicles.
59. Those wishing to acquire (or reregister) the licence must submit the following documentation: 19.
60. the application in the prescribed format; 19.
61. the undertaking’s certificate of registration and articles of association with the type of road transport activity in accordance with the Statistical Classification of Economic Activities indicated therein; 19.
62. documents which prove the professional competence of the carrier; 19.
63. documents which prove the sufficient financial standing of the carrier in cases where the licence to carry passengers and goods along international routes is being sought; 19.
64. the payment order with bank references or a receipt to certify that an established fee has been paid for the issue of the licence (shall be submitted on taking the decision to issue the licence).
65. The carrier wishing to acquire the licence card must submit the following documentation: 20.
66. the application in the prescribed format; 20.
67. the licence; 20.
68. the certificate of registration of the vehicle; 20.
69. the lease contract where the vehicle is taken on lease; 20.
70. a standard road worthiness test certificate issued to the vehicle with the period of validity indicated therein; 20.
71. the payment order with bank references or a receipt to certify the payment of all mandatory fees (an individual payment order or a receipt in respect of each card shall be submitted on taking the decision to issue the card).
72. On expiry of the period of validity of the licence card, a new card shall be issued pursuant to the general procedure.
73. Licences or licence cards shall be issued or denied (by indicating the reasons in writing) within 30 days from the submission of the application and the documents required in respect of the licence and licence card to the issuing authority. The carrier shall have the right to appeal to court against the decision to deny the licence or licence card (or to reregister the licence).
74. Licences and licence cards shall not be issued (and licences shall not be reregistered) in the following cases: 23.
75. not all required documents have been submitted; 23.
76. the documents do not meet the requirements set for road transport activities subject to licensing or the documents have been improperly executed; 23.
77. false documents have been submitted; 23.
78. the undertaking does not comply with the conditions provided for under the chapter “Requirements for carriers in respect of road transport activities subject to licensing” of the Rules; 23.
79. a motor vehicle does not comply with the requirements set for the carriage of passengers or goods.
80. The carriers which will engage in the carriage of goods along international routes or will increase the available number of the licensed means of vehicles used for the carriage of goods along international routes after 1 January 1998 have to bear in mind the fact that additional licence cards will be issued only to those road haulage vehicles which posses “green” or “greener and safe” lorry certificates, or which are not older than 5 years. Those means of vehicles which, on 1 January 1998, will posses valid licence cards that have been issued at an earlier date, will be included into the number of the licensed means of vehicles possessed by the carrier. Requirements for carriers in respect of road transport activities subject to licensing
81. An undertaking engaged in the road transport activities subject to licensing must comply with the following conditions: 25.
82. the manager of the undertaking or the person authorised by him, who is in charge of the activity relating to the carriage of passengers or goods, must satisfy the good-repute requirements, i.e. 25.1.
83. he may not have been convicted for serious criminal offences, including offences of a commercial nature and crimes against finance in accordance with the Criminal Code of the Republic of Lithuania; 25.1.
84. he may not have been dismissed from position on the initiative of the administration for his own guilt during the last 5 years; 25.1.
85. he may not have been punished for the violations of labour laws and other legal acts regulating road transport activities during the last 2 years; 25.
86. the manager of the undertaking or the person authorised by him, who is in charge of the activity relating to the carriage of passengers or goods, must satisfy the requirements of professional competence which shall be demonstrated by passing an examination in accordance with the procedure approved by the Ministry of Transport and Communications. The following persons shall be exempt from such an examination: 25.2.
87. those who have at least 3 years' practical experience in the carriage of passengers at the management level or those who hold higher education diplomas or post-secondary education diplomas (those wishing to obtain the licence to carry passengers by a light vehicle - taxi) in the transport field (the list of occupations shall be established by the Ministry of Transport and Communications); 25.2.
88. those who have at least 5 years' practical experience in the carriage of passengers at the management level or those who hold higher education diplomas or post-secondary education diplomas (those wishing to obtain the licence to carry of passengers along local routes or the licence to carry passengers along long-distance routes) in the transport field (the list of occupations shall be established by the Ministry of Transport and Communications); 25.2.
89. those who have of at least 5 years' practical experience in the carriage of passengers and goods along international routes at the management level or those who hold higher education diplomas (those wishing to obtain the licence to carry of passengers or goods along international routes) in the transport field (the list of occupations shall be established by the Ministry of Transport and Communications).
90. The licence to carry goods along international routes may be issued to the carrier who has not possessed such a licence before, provided that the carrier has 2 years' practical experience in the carriage of goods within the country (along local and long-distance routes).
91. In the event of the death or legal incapacity of the manager of the undertaking, the issuing authorities may authorise the undertaking to pursue the road transport activities subject to licensing for a period of one year even in those cases where the new manager does not fulfil the requirements referred to in point 25 above provided that such person possesses at least three years' practical experience in the management of that undertaking (in respect of the undertaking holding the licence to carry passengers by a light vehicle - taxi, such authorisation may be for at least 6 months).
92. An undertaking wishing to engage in the carriage of passengers or goods along international routes must secure its financial standing with its assets amounting to at least LTL 14 000 per transport vehicle used or LTL 700 per tonne of the total weight of the road haulage vehicle used, or LTL 700 per seat of the passenger transport vehicle used by the undertaking. In establishing the amount of cash, the lower amount shall be taken. Appropriate financial standing shall be established by the documents attesting that standing; the list of the documents shall be determined by the issuing authority in agreement with the Ministry of Finance.
93. An undertaking engaged in the passenger or goods carriage activities subject to licensing must posses or hold under lease a vehicle parking area which shall comply with the environmental protection and traffic safety requirements (the vehicle parking area may not be a street, an apartment block yard in a residential area or green areas). Control of activities subject to licensing
94. Control of activities subject to licensing shall be performed by: 30.
95. the licensing authorities; 30.
96. the institutions having the right to control the carriers' activities.
97. The driver of a road transport vehicle must submit the licence card and other travel documents to the officials of the State Road Transport Inspectorate, State Tax Inspectorate, customs, police, county administration, municipality and other public authorities, which are empowered by law to exercise control.
98. Licence holders must abide by laws, road traffic regulations and legal acts relating to the carriage of passengers or goods of the Republic of Lithuania and other countries via the territory of which passengers or goods are being carried. Registration of licences
99. The licensing authority shall register licences in the register of licences, which shall bear the following information: 33.
100. the licence number; 33.
101. the licence holder (code, name and address of the undertaking); 33.
102. the licence type; 33.
103. the date of issue of the licence; 33.
104. the date of suspension of the licence; 33.
105. the date of abolition of suspension of the licence; 33.
106. the date of revocation or refusal to register the licence; 33.
107. the date of issue of the first licence; 33.
108. the number of licence cards and information indicated therein; 33.
109. information about the licence cards which have been revoked or suspended. Suspension and revocation of licences and licence cards
110. The issuing authority may suspend the licence in the following cases: 34.
111. the carrier violates laws or other legal acts relating to the activities of the undertaking; 34.
112. the carrier does not fulfil the licensing conditions or the legal acts regulating road transport activities.
113. The licence shall be revoked in the following cases: 35.
114. the carrier himself terminates the activities subject to licensing; 35.
115. the carrier goes bankrupt; 35.
116. on establishing that false documents have been submitted to obtain the licence; 35.
117. the causes and infringements, as a result of which the licence has been suspended, have not been removed in due time; 35.
118. the carrier has not carried out the activities indicated in the licence for a period of one year; 35.
119. the State Tax Inspectorate informs that the carrier has failed to submit a declaration of income or a profit tax statement, the carrier does not pay taxes or conducts fraudulent accounting; 35.
120. the carrier grossly violates the procedure for the provision of services.
121. The licence card shall be suspended in cases of: 36.
122. violation of the border regime or customs rules; 36.
123. failure to comply with the requirements of international conventions and bilateral agreements; 36.
124. violation of the legal acts regulating the licensing of road transport activities, the carriage of passengers and goods and other road transport activities; 36.
125. insufficient financial standing to use the vehicle in accordance with the established procedure; 36.
126. the use of the vehicle which has not undergone roadworthiness tests in accordance with established requirements.
127. The licence card shall be revoked in the following cases: 37.
128. the carrier himself refuses to use the licence card; 37.
129. on establishing that false documents have been submitted to obtain the licence card; 37.
130. the causes and infringements, as a result of which the licence card has been suspended, have not been removed in due time; 37.
131. the driver of a light vehicle – taxi repeatedly violates the legal acts regulating the licensing of road transport activities or other legal acts regulating the carriage of passengers by taxi.
132. The authority which has issued the licence shall publish the decision on the issue, suspension, abolition of suspension or revocation of the licence in the Annex to the Official Gazette.
133. On revoking the licence or licence card, with the exception of the cases provided for in points 35.
134. and 37.1 of these Rules, a new licence may be issued pursuant to the general procedure not earlier than 18 months, and the licence card – not earlier than 9 months after their revocation. The term shall be calculated from the day of return of the licence or licence card.
135. The suspension of the licence and licence card shall be abolished when all the causes and infringements, as a result of which the licence or licence card has been suspended, will have been removed. The period of the suspension of the licence or licence card shall be established by the issuing authority. The term shall be calculated from the day of return of the licence or licence card.
136. The carrier may require the clarification, in writing within 10 days, of the reasons for the suspension or revocation of the licence or licence card and shall have the right to appeal against the decision to court.
137. The licence or licence card shall be returned to the issuing authority within 15 days at the latest in the following cases: 42.
138. the licence and or licence card have been suspended or revoked; 42.
139. the carrier himself terminates the activities subject to licensing or refuses to use the licence card; 42.
140. the name, head office or vehicles of the undertaking have changed.
141. On losing the licence or licence card, a duplicate shall be issued with the indication “Duplicate”, provided that a reasoned explanation for the loss has been given and that proof has been furnished that the fact of loss of the licence or licence card has been published in the Official Gazette.
142. Natural and legal persons shall have the right to obtain from the State Road Transport Inspectorate written or oral information on whether the carrier holds the licence to engage in road transport activities.