Current Code 95 requirements for farmers

INFORMATION FROM THE MINISTRY OF TRANSPORT AND VSIA “AUTOTRANSPORTA DIREKCIJA” ON THE REQUIREMENTS FOR THE NECESSITY OF CODE 95 RELATING TO AGRICULTURAL OWN-HAND TRANSPORTATION

There are three main categories of road transport: 1) commercial transport; 2) own transport; 3) non-commercial transport.

Requirements and exemptions related to the professional competence of drivers engaged in the carriage of goods are listed Road Transport Law Article 6.1. The second part of Article 6.1 of the aforementioned law states in which cases the requirement for the need for code 95 does not apply. One of the exceptional cases is that code 95 is not required for drivers who drive vehicles used for non-commercial cargo transportation.

European Parliament and Council Regulation (EU) 2020/1054 (July 15, 2020), defines the term “non-commercial transport”.

“Non-commercial transport” means any road transport other than commercial or own-account transport, for which no direct or indirect remuneration is received, which does not directly or indirectly generate income for the driver or others, and which is not connected with a professional or commercial activity.” Non-commercial transport includes, for example, the transport of goods for charitable purposes not involving payment for transport services, as well as the transport of one’s own belongings for private use only.

Self-transportation does not fall into the category of non-commercial transport, as self-employed transport is linked to economic activity. When carrying out self-employed transport, the driver of the vehicle requires a professional driver category (code 95).

On July 1, 2020, amendments to the Road Transport Law related to the professional competence of drivers performing freight transport entered into force, taking over Directive (EU) 2018/645 of the European Parliament and of the Council(April 18, 2018)The aim of the amendments is to reduce the administrative burden on drivers, balancing it with the need to ensure road safety. The directive provides for partial harmonisation with the working time recording regulation.Regulation (EC) No 561/2006 of the European Parliament and of the Council).

Road transport law The conditions referred to in Article 6.1, paragraph two, paragraphs 7, 8 and 9, when code 95 is not required, may also be applied to persons employed in agriculture in the following cases:

→if the vehicle transports materials, equipment or machinery that drivers use as part of their work, if driving the vehicle is not the driver's main activity;

→if a vehicle is used to transport goods in rural areas for the needs of its own business, if no transport service is provided and the transport is of an occasional nature;

→if the vehicle is used or hired without a driver by agricultural, horticultural, forestry, farming or fishing enterprises to transport goods related to their commercial activities, except in cases where the transport is part of the driver's main activity or exceeds a distance of 100 kilometers from the base of the enterprise that owns or hires the vehicle.

The exemptions mentioned  are applicable to situations where driving a vehicle is not the main occupation of the employed person, as well as in the case of agricultural, horticultural, forestry, farming or fishing enterprises, the 100 km transportation limit from the company's base without the requirement of professional competence for the driver helps to balance the reduction of the administrative burden with traffic safety requirements.

If you have any questions, please contact Mārtiņš Tronas: mobile 29805456.