Belgium Operator CPC (ITLB) cheat sheet

Contract formation under Belgian law requires consent, capacity, a lawful object and a permitted cause; the 2022 Book 5 reform of the Civil Code codifies this as the four validity conditions.

The 2022 Book 5 (new Civil Code) replaced the old cause doctrine with a 'legitimate interest' test; contracts concluded before 1 January 2023 remain governed by the old code.

Carrier liability in road haulage follows the CMR Convention for international carriage and the Belgian Road Transport Act (Wet 15 juli 1991) for domestic carriage.

Under CMR, the carrier is exempt for inherent vice, force majeure, fault of the consignor and defective packing; the limitation is 8.33 SDR per kilogram of gross weight.

The Belgian Commercial Code (Wetboek van Koophandel) still governs certain commercial acts, but Book 1 of the new Civil Code now contains the general contract rules.

Prescription of commercial claims: general contractual claims prescribe after 10 years under the new Civil Code; short-term consumer and B2B claims may prescribe in 2 years or less.

A company must be registered in the Crossroads Bank for Enterprises (KBO/BCE) before it can trade; failure to register can render directors personally liable.

Tort liability requires fault, damage and causal link; the 2022 reform introduced a statutory cap for minor faults and clarified strict liability for defective products.

Insolvency is governed by Book XX of the Economic Law Code; the 'reorganisation by judicial reorganisation' procedure (formerly WCO) is the main restructuring tool.

Driving time under Regulation (EC) 561/2006: maximum 9 hours daily (extendable to 10 hours twice a week) and 56 hours weekly; the two-week total may not exceed 90 hours.

Mandatory breaks: after 4.5 hours of driving a driver must take a 45-minute break, splittable into 15 minutes plus 30 minutes, both taken in that order.

Daily rest is 11 hours (reducible to 9 hours at most three times between weekly rests); weekly rest is 45 hours, reducible to 24 hours with compensation.

The Working Time Directive (2002/15/EC) caps average weekly working time for mobile workers at 48 hours over a 4-month reference period.

The tachograph Regulation (EU) 165/2014 requires a smart tachograph in new vehicles; drivers must retain records for 28 days and operators for 1 year.

Belgian sectoral joint committees (paritair comité / commission paritaire) set minimum wages and terms for road transport; PC 140 covers road haulage workers.

Employment contracts must be in writing within 5 days of commencement for blue-collar workers, and must state the function, pay and place of work.

Annual leave for Belgian employees is 20 working days for a full year of service, plus public holidays; leave is calculated on the previous calendar year's service.

Termination of an employment contract by the employer requires notice periods based on seniority; since 2014 white-collar notice periods are aligned with blue-collar periods.

Gross margin = revenue − direct costs (fuel, driver wages, tolls, maintenance); operating margin subtracts fixed overhead and depreciation.

Cost per kilometre = (fixed costs + variable costs) ÷ annual kilometres; fixed costs include insurance, road tax, depreciation and financing.

Break-even point in kilometres = fixed costs ÷ contribution per kilometre, where contribution = revenue per km − variable cost per km.

VAT on domestic Belgian haulage is 21%; international transport services may be zero-rated or exempt under the place-of-supply rules (Art. 44 VAT Code).

Depreciation of a truck is typically linear over 5–8 years or by kilometres driven; the chosen method must be applied consistently.

The annual accounts must be filed with the National Bank of Belgium (NBB) within 7 months of the financial year-end (30 days extension possible).

A company is 'small' under Belgian company law if it does not exceed 2 of 3 thresholds: €6 million turnover, €4 million balance sheet total, 50 employees (2023 thresholds).

Fuel represents roughly 30% of operating cost in road haulage; fuel surcharge clauses must be transparent and linked to a published index.

Cash-flow management: the DSO (days sales outstanding) = (trade receivables ÷ turnover) × 365; reducing DSO improves working capital.

Access to the road haulage occupation requires a Community licence issued under Regulation (EC) 1071/2009, based on establishment, financial standing, professional competence and good repute.

Financial standing: minimum own capital of €9,000 for the first vehicle and €5,000 for each additional vehicle.

Professional competence is proven by the CPC (Certificate of Professional Competence) exam or a recognised diploma; the exam covers the 8 domains of Annex I to Regulation 1071/2009.

Good repute: no serious criminal convictions or repeated infringements in transport law; the competent authority can withdraw the licence if repute is lost.

The Belgian competent authority is the Directorate-General for Road Transport and Safety (FOD Mobiliteit en Vervoer / SPF Mobilité et Transports).

Cabotage is limited to 3 operations within 7 days after an international delivery, followed by a 4-day cooling-off period (Regulation 1072/2009 as amended by 2020/1055).

The Community licence must be carried in the vehicle and presented on demand to inspectors; a certified copy is required for each vehicle.

Transport managers must be resident in the EU, or if not, the operator must appoint a legal representative; the manager must be genuinely linked to the undertaking.

The European Register of Road Transport Undertakings (ERRU) interconnects national registers; Belgian operators are entered in the national register (KBO).

Vehicle weights: maximum authorised mass for a 5-axle articulated combination is 40 tonnes in Belgium (44 tonnes for combined transport); axle loads max 10–12 tonnes.

Periodic technical inspection (keuring/contrôle technique) is annual for trucks over 3.5 tonnes; a new vehicle's first inspection is at 1 year.

The tachograph must be calibrated every 2 years and sealed; tampering is an offence under Regulation (EU) 165/2014.

ADR requires vehicles carrying dangerous goods to be fitted with an appropriate fire extinguisher, warning plates and, where applicable, a speed limiter.

Speed limiters: trucks over 3.5 tonnes must be limited to 90 km/h (Regulation 561/2006 and Directive 92/6/EEC); Belgium enforces 90 km/h on motorways.

Winter tyres are not legally mandatory in Belgium, but the vehicle must be roadworthy for the conditions; snow chains are required on certain mountain roads.

The Belgian Highway Code (Wegverkeersregelaars / Code de la route) sets general speed limits: 120 km/h on motorways, 90 km/h on regional roads, 50 km/h in built-up areas.

ADR equipment: at least one 2 kg dry powder extinguisher for goods transport (or 6 kg for certain classes), plus a warning triangle and high-visibility vest.

Load security is governed by EN 12195-1; lashing points and the load must be secured against forward, rearward and lateral forces of 0.8g, 0.5g and 0.5g respectively.

Incoterms 2020: DAP means the seller delivers to the named place, buyer handles import clearance; DDP means the seller handles both export and import clearance.

The CMR consignment note is not a document of title; it is prima facie evidence of the contract and the condition of the goods at the time of loading.

Incoterms do not govern title transfer or payment; they only allocate costs, risks and delivery obligations between buyer and seller.

A freight forwarder acting as agent is not liable as carrier; if acting as principal (contracting carrier) it assumes CMR liability.

Route planning: the optimal route minimises total cost per kilometre, considering tolls, fuel, driver hours and congestion; the VRP (vehicle routing problem) models this.

Warehouse layout: ABC analysis classifies stock by turnover; fast-moving items (A) are placed closest to the dispatch area.

Just-in-time delivery reduces inventory but increases transport frequency and risk of delay; safety stock is the buffer against variability.

The bill of lading (for sea transport) is a document of title; the CMR note and the CIM note (rail) are not negotiable.

Telematics and fleet management systems track fuel consumption, driving behaviour and tachograph data; they support compliance and cost control.

ADR classifies dangerous goods into 9 classes; class 1 explosives, class 2 gases, class 3 flammable liquids, class 7 radioactive material.

The ADR 'dangerous goods declaration' must state the UN number, proper shipping name, class, packing group and quantity; the consignor is responsible for its accuracy.

ADR training: the driver needs a vocational training certificate (ADR certificate) valid 5 years, plus specific training for tanks and class 7.

Segregation rules: oxidising substances (class 5.1) must be separated from flammable liquids (class 3); the segregation table in ADR 7.5.2 governs mixed loading.

Tunnel restrictions: goods are assigned tunnel categories (A–E); category A prohibits all dangerous goods, category E allows most except certain class 1 and 7.

The ADR transport document must be kept in the cab; a copy must be given to the consignee and retained by the carrier for 3 months.

Oversized or abnormal loads require a special permit from the Belgian road authority; the permit specifies route, time and escort requirements.

Livestock transport must comply with Regulation (EC) 1/2005: journey logs, ventilation, water and rest periods; long journeys over 8 hours require additional checks.

Waste transport requires a waste transport registration (AFVAL/ DECHETS) and, for cross-border shipments, a notification under Regulation (EC) 1013/2006.

The Union Customs Code (UCC, Regulation 952/2013) governs customs procedures in the EU; the customs declaration is lodged electronically via the EU single window.

T1 transit: goods move under the external transit procedure; the T1 document must be presented at the office of departure and destination, and the guarantee covers potential duties.

The TIR carnet allows goods to transit multiple countries with a single guarantee; it is managed by the IRU and recognised under the TIR Convention 1975.

Customs value is the transaction value (price actually paid or payable), adjusted for transport, insurance and related costs up to the place of import (CIF basis).

Origin rules: non-preferential origin is determined by the last substantial transformation; preferential origin under EU trade agreements requires proof (EUR.1 or origin declaration).

The EORI number is mandatory for all customs operations; it identifies the economic operator in the EU customs system.

Export declarations must be lodged before the goods leave the customs territory; the MRN (movement reference number) tracks the declaration.

Duty relief: temporary admission allows goods to be used in the EU without duty if they are re-exported; the ATA carnet simplifies temporary admission for professional equipment.

The Common Transit Convention (CTC) links the EU with EFTA countries, the UK, Turkey and others; the T1/T2 and TIR procedures operate within it.