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Is the driving commercial? Licence, code 95 and exemptions

The Community licence and the driver qualification certificate are two different questions

2026-10-06·7 min reading

Does the company need a licence for bus transport, and does the driver need code 95? The two questions are often confused, but they do not use the same test. Here are the three conditions, the Danish Road Traffic Authority's examples, the rules for agency drivers and what the driver must carry.

Introduction

When an association, a school or a company drives its own bus, two questions often come up at the same time: Does the company need a Community licence for bus transport? And does the driver need a driver qualification certificate (code 95)? The answers do not always go together.

The licence: three conditions — all must be met

Only commercial bus transport requires a Community licence. Since 1 April 2025, the driving is commercial when all three conditions are met for the same trip: 1) people are carried who have no close connection with the one carrying out the transport, 2) the transport is for payment, and 3) the transport is the operator's primary purpose. Act no. 306 of 25/03/2025 changed «or» to «and» in § 1(3) of the Bus Transport Act. Payment for variable costs such as fuel, electricity, bridge and ferry is not counted as payment.

The Danish Road Traffic Authority's exampleLicence required?Why
A care home goes on an outing in its own bus with residents, relatives and staffNoThe driving is a minor side activity for the care home
A company offers party buses and graduation-day trips for paymentYesThe driving is the company's primary purpose, and the passengers have no close connection
A kiosk drives cruise tourists to sights for paymentYesThe driving has no direct connection with the kiosk's own activity
A football club drives its team, supporters and other teams to the club's own matches and trainingNoThe driving is not the club's primary purpose and is directly linked to its activity

A bus may only be hired out or lent for commercial bus transport as a temporary replacement for a vehicle in the hirer's company that is out of service — and for at most 8 weeks.

Code 95 is a different question

The qualification order does not apply to vehicles used for non-commercial passenger transport (BEK 412/2025, § 3(8)). But the Danish Road Traffic Authority's guidance on the qualification order still uses three conditions, where it is enough that one is met: the transport is for payment, or it is the operator's primary purpose. That is why a driver for an art school who drives participants on courses with user fees must have a driver qualification certificate. The same applies to a driver at a free school who drives the school's pupils.

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