Foreign haulier transiting Austria: which authorisation must be carried?

As a rule, a foreign road haulage undertaking needs an authorisation under Section 7 of Austria’s Güterbeförderungsgesetz (GütbefG) to carry goods commercially to, through or from Austria. The undertaking must also be entitled to carry goods under the law of its state of establishment. An order under Section 7(4) may remove the authorisation requirement for the cases it covers.

Section 7(1) names four possible bases: a Community licence, an ECMT authorisation, an Austrian permit for traffic to, through or from Austria, and an authorisation granted under an intergovernmental agreement. The relevant basis depends on the undertaking, the journey and the applicable agreement.

The question of which paper the driver must carry is separate. EU law requires a certified true copy of a Community licence to be kept on board the vehicle used. ECMT and other permits have their own documentary and use conditions, which must be checked individually.

Section 7(1) covers commercial carriage of goods by motor vehicle from a place outside Austria into Austria, through Austria, or from Austria to a place abroad. It addresses access to the market for international journeys. The provision looks at the route and the undertaking’s authorisation.

A journey that only passes through Austria still needs to be assessed. The fact that the vehicle does not load or unload goods in Austria does not, by itself, remove the authorisation requirement. The foreign undertaking must be entitled to carry goods under the law of its state of establishment and must have a legal basis for the traffic to, through or from Austria.

The Act also refers to undertakings holding a concession under Section 2. For a foreign undertaking, establish first whether it holds an Austrian concession or whether the rule for foreign undertakings in Section 7(1) applies. A consignment note describes the carriage; it does not establish the undertaking’s market access.

The first condition concerns the undertaking. It must be authorised to carry goods by motor vehicle under the rules of the state where its establishment is located. A valid transport order, vehicle registration or the driver’s nationality does not by itself prove that business-level entitlement.

Identify the legal entity that accepts the carriage, its establishment and the licence required there. In a subcontracting chain, the documents must correspond to the undertaking actually used. A document held by the customer or another contractor does not automatically cover a separate carrier.

The legal basis must fit the operation. An authorisation for a particular country, route or type of traffic cannot be transferred to another journey without checking its scope. Before departure, compare the undertaking named on the documents with the company actually carrying the goods.

Section 7(1), item 1 refers to a Community licence under Regulation (EC) No 1072/2009. Item 2 covers an authorisation based on the ECMT Resolution of 14 June 1973. Item 3 refers to an Austrian permit for traffic to, through or from Austria. Item 4 covers authorisations granted under intergovernmental agreements.

The Act presents these as alternative legal bases. It does not require every undertaking to hold all four documents at once. Which basis is available and usable depends on the undertaking, the route and the relevant EU or intergovernmental rules.

Section 7(4) also allows a different order under which foreign undertakings may carry out specified operations without an authorisation under subsection 1. That exception depends on an order actually in force. An assumption about the carrier’s country or reciprocity is not enough.

A Community licence is the basis listed in Section 7(1), item 1 for undertakings and operations within the scope of Regulation (EC) No 1072/2009. Check that the licence names the undertaking carrying the goods and that the planned international operation falls within its scope. A customer’s or another company’s licence does not satisfy this check.

Under Article 4(3) of the Regulation, a certified true copy of the Community licence must be carried on board each vehicle used by the licence holder. The competent authority retains the original and issues certified true copies to the licence holder. The driver should be able to produce the vehicle copy during an inspection.

The Community licence establishes the undertaking’s authorisation. Driver-specific documents and other evidence of the transport operation require separate checks. The copy must correspond to the licence holder; an arbitrary scan from the freight file does not establish that link.

Where the operation does not rely on an applicable Community licence, an ECMT authorisation, an Austrian permit or an authorisation under an intergovernmental agreement may be relevant. Section 7(1), items 2 to 4 identify these bases. The name on a document alone does not establish that it covers the planned transit.

Compare the specific permit with the undertaking’s state of establishment, sequence of countries, destination and type of operation. Check the validity period, use conditions and any limits stated in the document or governing agreement. If a key detail is unclear, ask the competent authority before departure.

Section 7 itself does not state that the same paper must be carried in the vehicle for all four legal bases. The Community licence has an express vehicle-copy rule in Article 4(3) of the Regulation. For ECMT and other permits, check the document and the rules that govern its use.

Match the authorisation document to the undertaking and vehicle actually used. For a Community licence, Article 4(3) requires the certified true copy on board. For an ECMT or national permit, the driver must follow the conditions that apply to that specific authorisation. A scan or company statement does not replace an original instrument where one is required.

The driver attestation under Article 5 of Regulation (EC) No 1072/2009 addresses a different issue. It concerns certain third-country drivers working for a road haulage undertaking holding a Community licence. It documents the driver’s status and does not replace the undertaking’s authorisation under Section 7 GütbefG.

Check both levels: the undertaking’s right to carry out the operation and the driver’s personal documents. A driver attestation, driving licence or driver card does not by itself establish the company’s authorisation for traffic in Austria. See the separate article on third-country drivers in EU road haulage.

The loading and unloading points provide the starting point. If both lie in Austria and the undertaking is established abroad, the operation falls under the cabotage rule in Section 7(2) GütbefG. Assess it separately from an international journey that merely crosses Austria.

Cabotage has its own conditions and cross-refers to Article 8 of Regulation (EC) No 1072/2009. An authorisation for transit does not create a general right to carry goods on a domestic Austrian route. Conversely, an Austrian unloading point on an international journey does not automatically turn the entire operation into cabotage.

If an itinerary includes several orders or unloading points, classify each carriage by its own loading and unloading locations. The article on reviewing a cabotage transport order covers that separate issue. The overview of cross-border carriage of goods addresses route documents and the parties’ roles.

Set out the entire route first: the undertaking’s state of establishment, loading and unloading points, countries crossed and any planned legs. Record which company actually performs the carriage. In a chain involving a customer, forwarder and carrier, the documents must be assigned to the correct role.

Then compare the route with the legal basis under Section 7(1). Record the issuer, holder and validity period. Check vehicle and use conditions stated in the Community licence, ECMT authorisation, Austrian permit or intergovernmental authorisation. Consider an exception under subsection 4 only after locating the order that applies to the operation.

Finally, establish which document must be carried in the vehicle and which driver documents are separately required. This keeps market access, document carriage and driver status distinct. If material details remain open, clarify the authorisation with the competent authority before crossing the border rather than relying on a permit used for an earlier journey.