The activity of road freight transport for hire or reward, whether at national or international level, carried out using vehicles with a gross vehicle weight of 2,500 kg or more, may only be pursued in Portugal by companies duly licensed by the IMT – Instituto da Mobilidade e dos Transportes.
The pursuit of this activity is subject to the obtaining of an operating license (“alvará”) or a community license, both issued by the IMT and valid for a maximum period of five years.
The granting of these licenses is conditional upon the cumulative fulfilment of the following statutory requirements for access to the activity:
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Good repute (“idoneidade”)
The transport manager and all directors, managers or officers of the company must be of good repute. In particular, the following circumstances preclude the finding of good repute:
- A legal prohibition on carrying on commercial activity.
- A final conviction resulting in an effective custodial sentence of two years or more for offences against property, drug trafficking, money laundering, or tax or customs fraud.
- The imposition of a security measure prohibiting the exercise of the professional road transport operator.
- A conviction for serious infringements of the rules on driving and rest times or road safety, where a prohibition on exercising the profession has been imposed.
- A conviction for infringements of labour law, occupational health and safety rules, environmental protection regulations or professional liability obligations, where a prohibition on carrying on the activity has likewise been imposed.
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Professional competence
The company must appoint a transport manager, who may be:
- A director, manager or officer of the company;
- A shareholder or employee of the company engaged under an employment contract.
- A natural person engaged under a services agreement.
The same individual may not ensure professional competence for more than one company, unless at least 50% of the share capital of the companies managed by that person is held by the same shareholder, whether a natural or legal person.
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Financial standing
The undertaking must demonstrate minimum financial standing of:
- €9,000 for the first authorized vehicle.
- €5,000 for each additional heavy goods vehicle.
This requirement may be evidenced by submission of a Commercial Registry certificate indicating the share capital, the most recent balance sheet filed for Corporate Income Tax (IRC) purposes, or by the provision of a bank guarantee.
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Stable and effective establishment
The company must have a stable establishment in Portuguese territory, corresponding to its registered office or another location where the main business documents are kept, together with the equipment and technical services necessary for the pursuit of the activity.
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Regular tax and social security status
- Submission of a declaration evidencing the absence of outstanding debts to the Tax Authority and to Social Security is mandatory.
- Applications Exclusively Online and Procedural Simplification
- Applications for the issue of an operating license (alvará) or a community license must now be submitted exclusively via the Services Portal, available on the gov.pt platform. Submissions in paper format are no longer accepted.
This new digital platform, fully dedicated to the licensing of companies operating in this sector, allows:
- Real-time monitoring of the status of the procedure.
- Automatic notifications issued by the IMT, from submission of the application through to the final decision.
- Electronic submission of additional or replacement documentation, where requested, eliminating the need for postal submission (CTT).
Supplementary documentation is incorporated into the initial application file through a unique reference code generated at the time of submission, ensuring greater efficiency, traceability and procedural transparency.
Fee
The submission of an application for the issue of an operating license (“alvará”) or a community license is subject to the payment of a fee of €350.00.
Belzuz Abogados, S.L.P. – Portuguese Branch has a team of experienced lawyers ready to provide the necessary legal advice to national and international companies seeking to obtain the operating license or community license required to carry on the activity of road freight transport.