International Motor Vehicle Traffic

International Motor Vehicle Traffic

The term “International Motor Vehicle Traffic” refers to all cross-border transport of persons or goods on public roads by motor vehicles between two or more countries. This international road traffic is shaped by a multitude of legal provisions at both the European and global level, structured on both bilateral and multilateral bases. The legal requirements serve to promote traffic between countries, while at the same time ensuring road safety, environmental protection, tax and levy regulations, as well as the control and harmonization of technical standards and traffic regulations.

Fundamentals and Definitions

International motor vehicle traffic involves the use of motorized road vehicles designed to cross national borders. Transportation can be commercial (especially in the area of freight and passenger transport) or private. The term must be distinguished from national motor vehicle traffic, as well as from transit traffic, where only a third country is crossed.

Legal Definitions

In many international and European agreements, such as the Geneva Convention on Road Traffic (1949), the Vienna Convention on Road Traffic (1968), or the provisions of the European Union, the concept of international motor vehicle traffic is enshrined. For example, the German Road Haulage Act (GüKG) defines international transport in the context of goods traffic as the paid or commercial carriage of goods by motor vehicles crossing the borders of the Federal Republic of Germany or entering the Federal Republic from foreign territory.

Legal Sources and International Law Foundations

International Agreements

The most important international foundations for international motor vehicle traffic are multilateral and bilateral agreements that enable mutual recognition of registrations, driver’s licenses, technical standards, and administrative acts.

Among the most important multilateral agreements are in particular:

• Geneva Convention on Road Traffic (1949)
• Vienna Convention on Road Traffic (1968)
• European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR, 1970)
• UNECE regulations of the United Nations Economic Commission for Europe

At EU level, the following legal sources are particularly relevant:

• Regulation (EC) No 1072/2009 on common rules for access to the international road haulage market
• Regulation (EC) No 1073/2009 regulating cross-border commercial passenger transport
• Directives and regulations on driving license law and technical standards

National Implementation

The implementation of these international agreements is carried out in each country through special regulations. In Germany, relevant laws include the Road Haulage Act (GüKG), the Passenger Transport Act (PBefG), the Road Traffic Act (StVG), the Driver Licensing Regulation (FeV), the Road Traffic Licensing Regulations (StVZO), as well as tax regulations.

Licensing and Permit Procedures

Requirements for cross-border road haulage

For international road haulage, special permits are generally required:

• Community license (EU license): For companies based in an EU Member State or EEA State carrying out freight operations in the EU/EEA, a Community license is mandatory.
• ECMT permits: For journeys to and through countries outside the EU (particularly non-EU members of the European Conference of Ministers of Transport, now ITF).
• Bilateral permits: Special monopoly, quota, or non-quota permitting arrangements exist with many countries.

Passenger transport

In cross-border passenger transport, the permit requirement depends on the type of service:

• Scheduled service: Requires a separate scheduled service permit, often collectively within the framework of EU regulations
• Occasional service (e.g. coach travel): Permit requirements as per the relevant EU or bilateral regulations
• Cabotage: Domestic transport by foreign operators within the framework of international traffic is only permitted within narrow legal limits.

Technical and Administrative Requirements

Vehicle Registration and Marking

Vehicles engaged in international traffic must be registered for international use and appropriately marked. Key requirements are those of the country of origin and internationally recognized registration documents, such as the international distinguishing sign (country code) and international registration certificates.

Driver’s License and Driving Personnel

Drivers require an internationally or European-recognized driver’s license. In commercial transport, proof of qualification and working time regulations (especially under AETR or EU social regulations, such as Regulation (EC) No 561/2006 and Regulation (EEC) No 3821/85 [digital tachograph]) must also be observed.

Technical Standards

Vehicles must meet the technical requirements of both the country of departure and those of international or European regulations (such as UNECE regulations). These include standards for safety equipment, emissions, and dimensions.

Tax, Insurance, and Liability Law

Motor vehicle taxes and tolls

According to bilateral or multilateral agreements, exemptions from motor vehicle taxation may apply in transit or combined traffic. In addition, road usage fees (tolls) or infrastructure charges may also need to be paid.

Insurance requirements

Vehicles operating in international transport are subject to compulsory liability insurance in accordance with the national law of the country in which the vehicle is located. The Green Card system serves as proof of insurance coverage within the participating countries.

Liability regulations

In the event of damage, the liability regulations of the country in which the accident occurred apply. International agreements such as the Hague Road Traffic Convention or tabular regulations for transport damage (CMR – Convention on the Contract for the International Carriage of Goods by Road) may apply.

Customs Law Aspects

Vehicles in international traffic are subject to customs regulations in the context of third-country transport. There is freedom from customs duties for transport between EU Member States, whereas trips with third countries require customs formalities, such as Carnets TIR and CMR consignment notes.

Special Features and Exceptions

Temporary Use

International agreements, e.g. the Istanbul Convention and the Convention on Temporary Admission, regulate the ability to use vehicles abroad for a limited time without customs duties and further national registration requirements.

Diplomatic and Military Traffic

Special regulations apply to vehicles in diplomatic and military service, which are exempt from certain charges and administrative requirements.

Monitoring, Control, and Sanctions

The competent authorities of each country are authorized to inspect vehicles in international traffic with respect to registration, permit, toll, and technical requirements. Violations can result in sanctions ranging from fines and immobilization to entry bans.

Summary

International motor vehicle traffic is a highly regulated area of international transport law, governed by numerous international, European, and national regulations. These rules not only ensure the smooth operation of cross-border road transport, but also serve road and operational safety, the maintenance of fair competition conditions, environmental protection, as well as fiscal and administrative control. Careful compliance with all relevant legal requirements is essential for both companies and private road users in international motor vehicle traffic.

Frequently Asked Questions

Who is responsible for the registration of motor vehicles in international traffic?

In international motor vehicle traffic, the competent authority for registration is generally determined by the place of residence or business of the vehicle owner. The principle of territoriality applies: the motor vehicle must be registered in the country where the owner has their regular residence or place of business. The national registration authority checks compliance with technical and legal registration requirements in accordance with national and, in part, European law. If the vehicle is used temporarily in another country – for example during temporary stays or as part of so-called international motor vehicle traffic – the registration documents and official license plate from the country of origin are usually recognized in the destination country, but only for a limited period (generally up to 12 months according to Art. 35 Vienna Convention on Road Traffic). In the event of permanent transfer of the vehicle to another country, re-registration in that country is required.

What requirements apply to third party liability insurance in international motor vehicle traffic?

In international motor vehicle traffic, proof of motor vehicle liability insurance meeting the requirements of the relevant transit or host country is generally required. In the European Economic Area (EEA) and Switzerland, the official registration plate generally suffices as proof of valid liability insurance (number plate agreement). For journeys outside the EEA and in countries not party to the number plate agreement, it is necessary to carry an International Motor Insurance Card (“Green Card”). The minimum amounts of coverage may differ from country to country and should be checked in advance. Failure to provide proof can result in substantial fines, seizure of the vehicle, or even criminal prosecution.

Under what conditions may foreign drivers use their national driver’s licenses in international road traffic?

Persons engaged in international motor vehicle traffic may generally use their national driver’s license as long as it is recognized by the host or transit country. Within EU/EEA countries, reciprocal recognition of driver’s licenses is legally guaranteed by Directive 2006/126/EC. For third countries, recognition often applies only in conjunction with an international driving permit, which must be carried together with the national driver’s license. Recognition is generally limited in time (e.g. up to six months’ stay in Germany in accordance with § 29 FeV). In the case of permanent residence, it is usually necessary to convert to a national driving license of the host country.

What rules apply to license plates and registration documents in international motor vehicle traffic?

License plates and registration documents validly issued in the country of origin are recognized in international motor vehicle traffic. In the EU and EEA, this recognition is harmonized by various EU regulations and directives, especially Directive 1999/37/EC on registration certificates for vehicles. Vehicles must carry a country identification mark according to Annex 3 of the Regulation on International Motor Vehicle Traffic (IntKfzV). In case of longer stays or permanent use in the host country, a prompt conversion of the license plate and papers is necessary.

What applies to technical inspections (such as general inspection/TÜV) in international motor vehicle traffic?

Technical inspection of vehicles in international motor vehicle traffic is regulated on the basis of international and EU legal requirements. Vehicles must be able to provide uninterrupted proof of technical inspections from their country of registration. When entering or using a vehicle abroad, the evidence is usually accepted so long as it is valid. According to Article 4 of Directive 2014/45/EU, Member States are required to recognize inspection certificates issued by other Member States for the validity period. Only if a vehicle is to be permanently registered in another country, the applicable legal requirements there (e.g. frequency and scope of inspection) must be met.

How is liability regulated in accidents in international motor vehicle traffic?

Civil liability for accidents in international motor vehicle traffic is determined by international private law, especially Regulation (EC) No 864/2007 (Rome II) and the provisions of the relevant national liability law. As a rule, the law of the country in which the accident occurred applies. In addition, the Green Card system and the system for victim compensation regulate claims against the foreign liability insurer. In EU countries, affected parties can assert claims via so-called claims representatives in their home country. Liability is therefore determined with consideration of both national and EU regulations.

What special rules apply to customs processing in international motor vehicle traffic?

When motor vehicles are brought across EU external borders – that is, into or out of third countries – special customs and tax regulations apply. Motor vehicles are considered goods, and their entry into free circulation normally requires a customs declaration. In private travel, temporary use without customs clearance is possible under Article 137 et seq. of the Customs Code, provided certain conditions are met; however, the vehicle must be re-exported after its temporary use. In case of permanent import into the home country, import VAT or domestic taxes must be paid. In intra-EU transfers, there are no customs borders, but VAT liability remains (acquisition tax for new vehicles).