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Commercial Road Freight Transport Operator Organizational Qualification Certification and Performance Directive No. 35/2013

FDRE Ministry of TransportNo. 35/2013 (2020)

Summary

This directive outlines the organizational structure, competency requirements, and implementation procedures for commercial road freight transport operators in Ethiopia. It specifies requirements for associations, companies, and sole proprietors, including vehicle standards, operational procedures, personnel qualifications, and service scopes.

Who's affected

Commercial road freight transport operators, including associations, companies, and sole proprietors, as well as drivers and personnel involved in the sector.

Action required

Commercial road freight transport operators must ensure compliance with the organizational structure, competency, and operational requirements outlined in this directive. This includes obtaining the necessary licenses, meeting vehicle and personnel standards, and adhering to operational procedures.

Key points

8
  • Establishes a tiered system (Levels 1-5) for operator competency.
  • Defines specific requirements for associations, companies, and sole proprietors.
  • Outlines detailed vehicle age, capacity, and equipment standards.
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    • Specifies educational and experience requirements for key personnel.
    • Includes provisions for operational procedures, record-keeping, and reporting.
    • Details enforcement mechanisms, including penalties for violations.
    • Mandates the use of an integrated freight transport operator management system.
    • Repeals previous directives related to cross-border and inland freight transport operators.

Requirements

15
  • Operators must obtain a Certificate of Competence.
  • Operators must maintain complete records of operations and documents.
  • Operators must notify the Authority of changes in management.
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    • Operators must establish a traffic safety unit.
    • Operators must meet specific vehicle age, capacity, and equipment standards based on their level and type of organization.
    • Associations must have a minimum of 25 members.
    • Companies and sole proprietors must meet defined vehicle number and capacity requirements.
    • Personnel in various roles (e.g., General Manager, Operations Manager) must meet specific educational and experience qualifications.
    • Operators must possess adequate office facilities and equipment, including internet service and telephone.
    • All vehicles must be equipped with integrated GPS and speed limiters.
    • Operators must maintain a vehicle control system.
    • Operators must submit to regular inspections and audits.
    • Operators must renew their registration licenses annually.
    • Operators must comply with professional ethics and operational guidelines.
    • Operators must register in the integrated freight transport operator management system.

Rights and permissions

3
  • Operators have the right to be issued a Certificate of Competence if they meet the requirements.
  • Operators have the right to appeal decisions made by the organizing body.
  • Associations, companies, and sole proprietors have defined service scopes based on their assigned competency level.

Restrictions

6
  • Operators must adhere to the specified service scopes based on their competency level.
  • Private commercial vehicles (not registered for transport services) are restricted from providing commercial road freight transport services.
  • Vehicles must meet specific age and loading capacity requirements.
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    • Operators are restricted from engaging in illegal activities such as transporting contraband, illegal arms, or engaging in human trafficking.
    • Operators are restricted from using forged documents or operating without proper licenses and contracts.
    • Penalties will be imposed for violations of operational and ethical provisions.

Penalties

6
  • Written warnings
  • Suspension from services (one month to one year)
  • Demotion or cancellation of the operator's license
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    • Termination of management through the General Assembly
    • License cancellation
    • Fines as stipulated in other laws

Objectives

5
  • To establish a clear organizational system for freight transport operators supported by technology and modern information exchange.
  • To ensure the sustainability of freight transport services by facilitating the entry of new stakeholders.
  • To foster a competitive and integrated logistics service environment by developing capable operators.
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    • To encourage specialization among operators in different types of freight transport.
    • To enhance the competitiveness of local operators in regional and bilateral transport links in Africa.

Organizations

3
  • Ministry of Transport
  • Federal Transport Authority
  • Organizing Body (Federal Transport Authority)

Legal references

7
  • Proclamation No. 468/2005 (Transport Proclamation)
  • Article 7(2) of Proclamation No. 468/2005
  • Article 2 of the Proclamation
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    • Article 15 of the Proclamation
    • Commercial Code
    • Model Articles of Association
    • Proclamation No. 547/99 (Law to Regulate the Transportation of Goods by Land)
Original sourcehttps://justice.gov.et/en/directives/commercial-road-freight-transport-operator-organizational-qualification-certification-and-performance-directive-no-35-2013/
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