Commercial law

EKAER

A new electronic control system of trading activities arranged on road (EKAER, Order Nr. 5/2015 of the Ministry of Economic) has been introduced in 2015.

The most important element of this regulation is, that companies arranging trading activity by means of road transport shall have a general register number and a concrete consigment number. In lack thereof the comsigment may not be taken over for transportation by the carrier.

For the time being it not clear wether only the trader (consignor, consignee) or just the carrier too are responsible for violating this rule.

The Law Act 2016 LXVI has modified certain rules of EKAER from 1. August 2016. The most important modifications are:

  • in the future the obligation for notification involves all vehicles with a gross weight of at least 3,5 t
  • the transport company is liable for the soundness of the official plombe. In case of private persons the penalty may amount to 200.000-500.000 HUF, in case of  enterprises to 500.000-1.000.000 HUF. Beside penalty the authority may on certain conditions until full payment of the penalty withold the vechicle.
  • beside omission of notification of the consignment also the notification of a consignment not transported actually shall be regarded as infringment of administrative regulations. In such case the amount of penalty may reach 40 per cent of the value of difference between the consignment actually transported and the consigment notificated but not transported.