The question “Do family trucks need operating permits?” is a common concern among truck owners, especially families using trucks for their own freight transport. Many face situations where they are not required to have permits when registering for transport business, but are fined for lacking them on the road. So, what does the law say about this? This article from Xe Tải Mỹ Đình experts will clarify this issue.
JAC N700 truck with a 5-meter cargo box and powerful DEV engine
Family Truck Operating Permits: When are they required?
To answer the question of whether family trucks need operating permits, we need to refer to current regulations. According to Decree 10/2020/ND-CP, which amends and supplements some articles of Decree 86/2014/ND-CP on business and conditions for road transport business by automobiles, there are important changes related to truck operating permits.
Decree 10/2020/ND-CP clearly stipulates that business licenses for automobile transport and operating permits issued to units and freight transport vehicles engaged in transport business without direct revenue collection under Decree 86/2014/ND-CP will no longer be valid from the effective date of Decree 10/2020/ND-CP (April 1, 2020). This means that if your truck falls under the category of “transport business without direct revenue collection”, you may not need an operating permit.
So, how is “transport business without direct revenue collection” defined? Clause 3, Article 3 of Decree 86/2014/ND-CP explains:
“Transport business without direct revenue collection is a transport business activity by automobiles in which the business unit both performs the transport stage and performs at least one other stage in the process from production to consumption of products or services, and collects transport fees through revenue from that product or service.”
Image of a truck operating permit as regulated
Thus, if your family uses a 6-ton truck to transport goods that your family produces or trades, and the transport costs are included in the product price, without directly collecting transport fees from a third party, your truck may be considered to fall under the category of “transport business without direct revenue collection”. According to Decree 10/2020/ND-CP, family trucks in this case may not be subject to the requirement for a transport business license and are not required to have operating permits.
However, it should be noted that accurately determining whether your family’s transport activities fall under the category of “transport business without direct revenue collection” sometimes requires careful consideration of factors related to business operations and cash flow.
Vehicle Tracking Devices: Are they mandatory for family trucks?
Besides operating permits, vehicle tracking devices (also known as black boxes) are also a concern for many truck owners. So, are family trucks required to install vehicle tracking devices?
According to Decree 10/2020/ND-CP, Clause 1, Article 12 stipulates:
“Passenger transport vehicles, freight transport vehicles, and shuttle vehicles must be equipped with vehicle tracking devices.”
To understand this better, we need to consider the definition of “transport business” as stipulated in Clause 2, Article 3 of Decree 10/2020/ND-CP:
“Automobile transport business is the performance of at least one of the main stages of transport activities (directly operating the vehicle, driving the vehicle, or deciding on freight rates) to transport passengers or goods on roads for profit.”
Dashcam for trucks, a device for monitoring and safety
Thus, vehicle tracking devices are mandatory for vehicles engaged in transport business. If your family’s truck is determined to be not engaged in transport business (as in the case of “transport business without direct revenue collection” analyzed above), then it is not required to install a vehicle tracking device.
However, installing a vehicle tracking device also brings many benefits to truck owners, such as managing routes, speeds, driving times, and supporting more efficient vehicle management. In addition, a dashcam is also a useful device for recording journeys and protecting the rights of truck owners in case of incidents.
Conclusion and Advice from Xe Tải Mỹ Đình
From the analysis above, it can be seen that family trucks may not need operating permits and vehicle tracking devices if they fall under the case of “transport business without direct revenue collection”. This helps reduce the burden of costs and procedures for small household businesses.
However, to ensure compliance with regulations and avoid penalties, family truck owners should:
- Clearly determine whether their family’s transport activities fall under the category of “transport business without direct revenue collection”. If in doubt, consult with authorities or legal experts.
- Regularly update on the latest regulations on road transport. Regulations may change over time, and it is important to stay informed.
- Consider installing vehicle tracking devices and dashcams. Although not mandatory in some cases, these are useful devices to help manage vehicles better and ensure safety on the road.
Hopefully, this article has provided useful information and answered your questions about whether family trucks need operating permits. If you have any other questions, do not hesitate to contact Xe Tải Mỹ Đình for more detailed advice.
