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The Swiss Federal Council aims to ensure fair competition among companies in international road freight transport. A licensing requirement is to be introduced for companies that use delivery vans for cross-border commercial freight transport. Based on the generally positive feedback during the consultation process, the Federal Council adopted corresponding proposals for legislative adjustments at its meeting on May 17, 2023, for submission to Parliament.
(Bern) The legislative adjustment stipulates that in cross-border road transport, companies that use delivery vans with a total weight between 2.5 and 3.5 tons for commercial freight transport will also be subject to licensing. Until now, companies only needed a license when using vehicles over 3.5 tons. With the new regulation, equal conditions will be created for delivery van and truck transporters. By introducing the licensing requirement, the federal government ensures that only companies that are reliable, financially capable, and professionally qualified operate in road transport. Non-commercial transport of tools and materials by craftsmen remains exempt from the licensing requirement.
Legislative Adjustment Against “Mailbox Companies”
Another legislative adjustment targets “mailbox companies.” It aims to prevent foreign transport companies from establishing shell companies in a country to circumvent the cabotage prohibition or benefit from lower social standards for drivers. To make controls more efficient, the flow of information between the relevant authorities of EU member states and Switzerland is to be improved.
During the consultation, the Federal Council also discussed the revision of the posted workers’ law. The regulation included the exchange of information and mutual assistance in monitoring the wage and working conditions of Swiss transport companies that send their drivers to the EU. Based on the results of the consultation and feedback from the EU regarding the Swiss implementation, the Federal Council decided not to pursue the proposal further. Thus, the existing posted workers’ law remains applicable for road transport between Switzerland and the EU; the regulatory difference with the EU does not have a significant practical impact.
Same Direction as the EU Mobility Package
With its legislative proposal, the Federal Council is moving in the same direction as the EU with its “Mobility Package” from 2020. The proposal is now going to Parliament.
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