In short: Mobility Package 1 sets uniform rules for hauliers on driving and rest times, driver posting, market access and the smart tachograph. Drivers must be able to return home or to the operational center every four weeks, and the regular weekly rest may not be taken in the cab. Cabotage is limited to three operations within seven days, followed by a four-day cooling-off period, and vehicles over 2.5 tons in international traffic need a Community license and a smart tachograph version 2.
To manage transport operations and fleet activity efficiently, specific and complete information on Mobility Package 1 is essential for keeping everything under control.
2022 brought many changes regarding Mobility Package 1, but what matters is staying accurately informed, in good time, about the new Mobility Package 1 regulations.
You also need to keep up in real time with any change that comes along, because more and more amendments related to Mobility Package 1 will appear in the years ahead. In this article, we’ll give you all the information you need to stay up to date with all the recent legislative changes in transport and with the new Mobility Package 1 regulations.
Documents required on board – New Mobility Package 1 regulations
A top priority is the documents every driver is required to have on board when running trips in European countries.
These documents are as follows:
- Employment contract (translated into the language of the country being transited);
- The CMR;
- IMI declaration;
- Macron certificate (where applicable);
- A1 form;
- Tachograph (paper records);
- Documents required for any driver: (ID, driver’s license, required certificates);
IMI declarations
Under Mobility Package 1, the IMI declaration must be completed in the dedicated online portal no later than the start of the posting period.
According to the European Commission, the purpose of requiring drivers to be registered in the IMI platform is to improve the functioning of the single market by facilitating administrative cooperation and mutual assistance between member states.
Accordingly, ALL drivers carrying out a loading or unloading operation in a given EU country must complete the IMI declaration and keep this document on board.
For more information, follow this link.
Form A1
Also regarding the documents required under Mobility Package 1, it’s important to know that carrying the A1 form on board is mandatory.
Although obtaining the A1 form can be a tedious process, CargoTrack offers support. For this, click here for more details.
Transport license 2.5–3.5 tons
One hurdle for some fleet managers was the requirement for a transport license for vehicles with a maximum authorized weight over 2.5 tons.
As a result, all vehicles over 2.5 tons must obtain a transport license, issued by the ARR (Romanian Road Authority).
The official ARR portal was created for checking publicly accessible data from the National Electronic Register of Road Transport Operators. To access this data, you need to register an account. Account access requires an annual subscription (41 RON).
For more information on the transport license for vehicles between 2.5 and 3.5 tons, follow this link.
Driving time
When it comes to driving times, Mobility Package 1 allows 9 hours a day (and up to 10 hours a day twice a week) and 56 hours a week (maximum 90 hours in two weeks).
However, in special cases, one or two extra hours of driving are allowed to reach home or the company’s base when starting a rest period.
Working time includes all road transport activities, such as:
- Driving;
- Loading and unloading;
- Assisting passengers boarding and leaving the vehicle;
- Cleaning and technical maintenance;
- Supervising the loading and unloading of goods;
- Administrative formalities;
Important! At least once every four weeks, the driver must return to the employer’s base or to their home to take a regular weekly rest period there (or a longer rest period to compensate for a reduced rest period).
Which drivers are NOT covered by the Posting of Workers Directive?
Drivers carrying out the following operations are NOT covered by the Posting of Workers Directive:
Under Art. 5^3 of Law 16/2017 on the transnational posting of workers, introduced by Government Ordinance (OG) 12/2022 amending and supplementing certain road transport legislation:
a) they carry out bilateral road freight transport operations;
b) in addition to a bilateral road transport operation, they carry out one loading and/or unloading activity in the member states or third countries they transit, provided they do not load and unload goods in the same member state;
c) they carry out a maximum of two additional loading and/or unloading activities in the member states or third countries they transit, provided they do not load and unload goods in the same member state, when the bilateral road transport operation that started in the member state of establishment, during which no additional activity was carried out, is followed by a bilateral road transport operation back to the member state of establishment;
d) they carry out bilateral road passenger transport operations;
e) as part of bilateral road passenger transport, they pick up and/or drop off passengers in the member states or third countries they cross, on condition that they do not provide passenger transport services between two points within the member state crossed. The same provisions apply to the return journey;
f) they transit the territory of a member state without loading or unloading goods or picking up or dropping off passengers;
g) they carry out the initial or final road leg of a combined transport operation;
Minimum wage for posted drivers
Good news for drivers is the introduction of a minimum wage in line with the host country.
The employer must make sure the driver’s pay complies with the national rules applicable to drivers in the EU country to which the employee has been posted.
This means the employer must adjust the driver’s pay if wages in the host country are higher.
Wages differ from one country to another and must be checked separately.
Tachograph required for light transport
Another issue that causes problems for light transport is the requirement to use a tachograph and comply with driving and rest hours, just like heavy vehicle drivers.
In practice, drivers of vehicles weighing between 2.5 and 3.5 tons (including those with a trailer or semi-trailer) carrying out international transport will have to comply with the same regulations and have a tachograph installed in the vehicle, just like drivers of vehicles over 3.5 tons (for more information, read the smart tachograph section below),
Per diem ceilings
Another aspect with considerable advantages for drivers is the per diem ceilings under Mobility Package 1.
Domestic
Domestically, 2.5 times the legal allowance set by Government decision for staff of public authorities and institutions, capped at three base salaries for the position held.
The per diem set for public institution staff for domestic travel is 20 lei/day. The ceiling of 2.5 times the public institution rate is 50 lei/day.
Important! The maximum domestic per diem a driver can receive is 50 lei/day.
Capped at three base salaries for the position. If the driver is employed at 2,500 RON net in a month with 20 working days, their per diem cannot exceed 2,500*3/20 = 375 RON
Abroad
Abroad, 2.5 times the legal per diem set by Government decision for Romanian staff sent abroad on temporary assignments, capped at three base salaries for the position held.
The ceiling equal to three base salaries for the position held is calculated by dividing the three salaries by the number of working days in the month in question, and the result is multiplied by the number of days of the assignment/posting/activity in another location, in Romania or abroad;
The per diem set for public institution staff traveling abroad is 35 euros/day.
For example, 2.5 * 35 euros = 87.5 euros
This amount is compared with the cap of 3 base salaries the employee receives.
What does 2023 bring? – the smart tachograph
In 2023, under Mobility Package 1, version 2 of the smart tachograph will be launched. It will have new features for enforcing EU legislation, such as cabotage and posting of workers, recording border crossings, and detecting the vehicle’s position when loading/unloading.
Version 2 of the tachograph will make the current tachograph data more resistant to tampering.
Smart tachograph installation will begin in August 2023 for newly registered vehicles. For vehicles already registered and used in international transport, installation must be completed by August 2025. For vehicles with non-smart analog or digital tachographs, installation will take place by December 31, 2024, and for smart tachographs version 1, by August 18, 2025.
What does 2026 bring?
From July 1, 2026, vehicles with a maximum authorized weight over 2.5 tons used in international transport or cabotage operations will be fitted with the smart tachograph 2.
Based on the information transmitted by the tachograph, the competent enforcement authority may choose to inspect the vehicle and the tachograph. The tachograph’s remote communication gives authorities the option of carrying out remote checks. To stay up to date with all the new changes, check regularly www.cargotrack.ro.
Frequently asked questions about Mobility Package 1
How many hours can a driver drive under Mobility Package 1?
Mobility Package 1 keeps the limits from Regulation (EC) No 561/2006: a maximum of 9 hours of driving per day, which can be extended to 10 hours no more than twice a week, a maximum of 56 hours in a week and no more than 90 hours in total over two consecutive weeks. In exceptional situations, the driver may exceed the daily or weekly driving time to reach the employer’s base or their home, with the justification recorded on the tachograph.
How often must the driver return home or to the company’s base?
The employer must organize work so that the driver can return to the employer’s operational center or to their home within each period of four consecutive weeks, to take a regular weekly rest there or a compensatory rest of more than 45 hours. In addition, the regular weekly rest may not be spent in the vehicle cab, and the cost of suitable accommodation is borne by the employer.
Is it still mandatory for the vehicle to return to the home country every 8 weeks?
No. The requirement for the vehicle to return to an operational center in the member state of establishment at least once every eight weeks was annulled by the Court of Justice of the European Union in the Grand Chamber judgment of October 4, 2024, delivered in the joined actions brought by several member states, including Romania. The obligation regarding the driver’s regular return still applies, as it has a different legal basis and was not affected by the judgment.
How many cabotage operations are allowed, and what does the cooling-off period mean?
A vehicle may carry out a maximum of three cabotage operations within seven days of fully unloading the incoming international transport. After the last operation, a four-day cooling-off period applies, during which the same vehicle may not carry out cabotage in that member state. The rule applies individually, per vehicle and per member state, and has been in force since February 21, 2022.
Do I need a transport license for vehicles between 2.5 and 3.5 tons?
Yes, when carrying out freight transport for hire or reward in international traffic. Since May 21, 2022, companies using vehicles or vehicle combinations with a maximum authorized weight between 2.5 and 3.5 tons need a Community license and a certified true copy, issued in Romania by the Romanian Road Authority. Own-account freight transport with such vehicles remains exempt from this requirement.
By when must the smart tachograph version 2 be installed?
The deadlines differ by vehicle. Newly registered vehicles have been fitted with the smart tachograph version 2 since August 2023. Vehicles used in international transport that had a non-smart analog or digital tachograph had to be retrofitted by December 31, 2024, and those with a smart tachograph version 1 by August 2025. Vehicles over 2.5 tons used in international transport or cabotage became subject to the requirement on July 1, 2026.
What is the tax-free per diem ceiling for drivers?
Under the Romanian Tax Code, per diem is tax-free within two ceilings that apply simultaneously. The first is 2.5 times the legal allowance set by Government decision for public institution staff, with different rates for domestic and foreign travel. The second is the equivalent of three base salaries, divided by the number of working days in the month in question. Anything above either limit is taxed as salary income.
