The Transport Committee challenges the ROTT for its "alarming" legal uncertainty

28/06/2019

The Department of Goods of the National Committee for Road Transport (CNTC) has agreed by a large majority to contest in administrative litigation the Royal Decree 70/2019 which modifies the regulation of the law of land transport (ROTT). The legal action of the transporters is directed specifically against the new regulation that affects the loss of good repute of transport companies .

The Transport Committee understands that "not only does it cause alarming legal uncertainty for transport professionals, but it also transgresses the letter and spirit of regulation 1071/2009 of the European Parliament and the Council". This European directive, dated October 21, 2009, establishes the rules for the exercise of the profession of transporter in the EU. The Committee considers that the new ROTT violates fundamental rights, among which cites the one of "effective judicial protection in its aspect of the right to a procedure with all the guarantees". "Once the appeal has been filed by the competent court, the specific grounds for the challenge will be developed in the relevant lawsuit."

The new regulation of the requirement of loss of good repute implies the suspension of the validity of transport authorizations for a period of one year, for the commission of a single very serious infringement or for three serious infringements in certain cases and depending on the fleet owned by the company. In any case, the loss of the requirement requires a prior express resolution by the competent body (usually the General Director of Transportation of the autonomous community).

The agreement adopted by the National Road Transport Committee has been literally the following,

"The Department of Goods of the National Committee for Road Transport (CNTC) has agreed, by a large majority, to contest through administrative litigation the Royal Decree 70/2019 by which the Regulation of the Law of Land Transportation is amended ( ROTT) in its regulation regarding the loss of good repute, since it not only causes an alarming legal uncertainty for transport professionals, but also transgresses the letter and the spirit of the text of Regulation (EC) 1071/2009 of the Parliament European Parliament and of the Council of October 21, 2009, by which the norms for the exercise of the profession of transporter are established, with violation of fundamental rights, among which is the effective judicial protection in its aspect of the right to a procedure with all the guarantees.