practical case

I own my car and drive for the platforms. Can I continue?

This is the most frequent question since the new law took effect. The answer turns on one concrete thing: whose car it is and how it is tied to the operator. Here are the scenarios, one by one.

The short answer

Yes, you can carry on working with your own car, as long as the vehicle really is yours and you are the one driving it. What the new law set out to ban is something else: the use of loan-for-use and usufruct contracts to put cars into the activity that do not belong to whoever drives them. This is the so-called slots problem, cars registered in third parties' names and passed from driver to driver.

Article 12 of the revised regime bans loan-for-use and usufruct contracts for assigning vehicles to TVDE activity. It then opens a single exception, and that exception was designed precisely to protect people who work with the car they bought.

The three possible scenarios

The car is mine and I hold a TVDE operator licence myself

pode

This is the simplest scenario and nothing changes for you. The vehicle belongs to the operator, which is you, and there is no loan-for-use or usufruct contract involved. You can carry on working normally. You simply take on the new obligations that apply to everyone: registering the vehicle with the IMT, valid for five years, meeting the age limit of 10 years, or 12 if electric, and using the new badge once it is regulated.

The car is mine, but it is assigned to the activity through an operator

depende

This is where the exception comes in. The law allows, exceptionally, a loan-for-use contract between a qualified driver who owns the vehicle and a TVDE operator, in order to assign the vehicle to the activity. But that exception only holds if four conditions are met at the same time, set out just below. If one fails, the arrangement is no longer permitted.

I drive a car registered in someone else's name

não pode

Not possible. The exception requires the lender to be the very driver who owns the vehicle, which rules out cars belonging to family members, friends or third parties. The law expressly prohibits making the vehicle available to family members, third parties or other drivers, sub-lending, assignment of the contractual position and any form of successive transfer. This is precisely the arrangement the revision set out to end.

The four conditions of the exception

They must all be met at the same time. If one fails, the vehicle can no longer be assigned to the activity under the exception.

1
The car is yours
You must be the owner of the vehicle. Being merely registered as its user is not enough, nor is driving a family member's car.
2
You are a qualified driver
You must be qualified to work as a TVDE driver, with a valid certificate, whether a TVDE or a taxi driver certificate.
3
Only you drive that car in TVDE
In TVDE activity the vehicle must be driven exclusively by you, the owner-driver. You cannot pass the car to another driver, not even on different shifts.
4
The link is registered
There must be a named association between you, your vehicle and the operator, registered with the IMT and on the electronic platform where the vehicle is listed.

Usufruct has no exception at all

Note the difference carefully. The ban covers both loan-for-use and usufruct, but the owner-driver exception exists only for loan-for-use. For usufruct there is no escape valve: it is prohibited for assigning vehicles to TVDE activity, in every case.

o que se pode fazer

work with a car that is yours, driven only by you
lend your car to an operator under loan-for-use, if you meet the four conditions
be both driver and operator with your own licence
keep the vehicle in service until it is 10 years old, or 12 if electric

o que não se pode fazer

drive a car registered in someone else's name
pass your car to another driver, even on a different shift
use usufruct to assign a vehicle to the activity, under any circumstances
sub-lend, assign the contractual position or make any successive transfer

What you risk if you do not comply

Breaching these rules is an administrative offence and the law states expressly that liability falls on the driver and on the TVDE operator, where the act is attributable to them. Fines range from 250 to 4,500 euros for individuals and from 5,000 to 44,000 euros for legal persons, and both attempt and negligence are punishable. An additional penalty of a ban on carrying out the activity for up to two years may also be imposed. See more in enforcement and fines.

And the obligations that remain

The loan-for-use exception waives nothing else. The law states expressly that these rules do not affect compliance with tax, social security, employment, insurance, regulatory and other requirements applicable to the activity. You therefore still need valid insurance, an up-to-date roadworthiness test, a driver certificate and a clear tax and social security record.

Frequently asked questions

I own my car and drive for the platforms. Can I continue?

It depends on how the car is assigned to the activity. If you own the vehicle and hold a TVDE operator licence, nothing changes: the car is yours and your company's, and you can carry on working. If you lent the car to an operator under a loan-for-use contract, you can only continue if you meet four cumulative conditions: being the owner, being qualified as a TVDE driver, being the only person who drives that vehicle in the activity, and having the association between you, the vehicle and the operator registered with the IMT and on the platform. If any of these fails, the arrangement becomes prohibited.

The car is registered in someone else's name and I am the one driving. Is that still possible?

No. The new law expressly bans loan-for-use contracts for assigning vehicles to TVDE activity, and the only exception requires the lender to be the very driver who drives the vehicle. A car in the name of a family member, a friend or a third party driven by you does not fall within that exception. The law also expressly prohibits making the vehicle available to family members, third parties or other drivers.

What about usufruct? Is there any exception?

There is none. The exception in the law applies only to loan-for-use. Usufruct for assigning vehicles to TVDE activity is prohibited without any exception.

Can I lend my car to another driver when I am not working?

No. If the vehicle is assigned to the activity under the loan-for-use exception, it must be driven exclusively by you in that activity. The law expressly prohibits sub-lending, assignment or transfer of the contractual position, making the vehicle available to family members, third parties or other drivers, and any form of successive transfer.

Who is held liable if the loan-for-use rules are breached?

Breaching these rules is an administrative offence, and the law attributes liability both to the driver and to the TVDE operator. For individuals the fine ranges from 250 to 4,500 euros; for legal persons from 5,000 to 44,000 euros. Attempt and negligence are punishable.

Do I need an operator licence to have my car on the platforms?

The vehicle must be assigned to a licensed TVDE operator. Either you are the operator, with your own licence, and the car is in your name; or the car is lent to a licensed operator, and then only the owner-driver loan-for-use is allowed, under the conditions above. In addition, the vehicle must now be registered with the IMT, valid for five years, and not merely listed on the platform.