The IMI declaration became mandatory with Mobility Package 1, and it can be completed online on the dedicated portal set up for this purpose. The deadline for completing this declaration is the start of the posting period.
This document confirms that the drivers working for your fleet are paid in line with the minimum wage approved in the countries where they carry out loading, unloading, or cabotage.
From the point of view of the European Commission, registering drivers on the IMI platform is mandatory in order to improve the functioning of the single market by facilitating administrative cooperation and mutual assistance between member states.
How to Obtain the IMI Declaration
It is important to note that you do not need to complete the IMI declaration in your home country; it is generated online in the IMI platform, based on the information requested by the EU.
On the platform, transport companies can complete posting declarations and submit them to the authorities of the member states. This process can be handled in-house by an authorized person for each individual driver.
However, you can also have the declarations for your drivers prepared by a specialized company that takes care of entering the data correctly in the platform, managing the declarations every month, and providing a representative in the event of an inspection. If you need a company to handle the declarations for your drivers, you can contact us, Click Here for more details.
What Administrative Obligations Do You Have Before, During, and After Driver Posting?
A transport company has various obligations it must fulfill throughout the posting. These obligations differ depending on the stage of the posting.
At the start of the posting period, the transport company must submit a posting declaration in the portal created for this purpose, at the latest at the actual start of that period.
During posting, posted drivers must have the following documents:
– The posting declaration in printed or electronic format;
– Proof of the transport operations taking place in the host member state, such as the e-CMR document;
– Tachograph records (in particular the country symbols of the member states in which the driver carried out transport operations).
The end of the posting periodrequires the following documents to be submitted through the IMI system:
– Tachograph records;
– E-CMR documents;
– Documentation on the driver's pay for the posting period;
– The employment contract;
– Timesheets for the work performed by the driver;
– Proof of payment of the driver's pay.
Attention!
These documents, in order to obtain IMI Declaration, must be submitted within a maximum of 8 weeks from the end of the posting period.
Inspections Checking for the IMI Declaration
The control authorities of a given country have the right to ask foreign drivers for the IMI declaration in printed or electronic form, sent by the operator to a phone or tablet.
The authenticity and validity of the declaration are checked on the spot by scanning the QR code on the document (the check is performed in real time through IMI).
In addition, the authorities may decide to request additional documents from the company to verify whether the driver received adequate pay for the posting period.
We know that this kind of inspection is stressful. That is why the CargoTrack team supports its clients in this situation. If you need help, Contact us right now.
What Happens If You Don't Have the IMI Declaration?
The authorities frequently carry out inspections to check for the IMI declaration, and fines average 1,000 EUR.
This declaration can be presented electronically, but the control authorities may step up their checks and request supporting documents.
Can I Get Legal Assistance?
Yes! When completing the IMI declaration, it is crucial to constantly make sure the data is correct and the declaration is valid.
Moreover, it is important to handle inspections efficiently and be ready to provide the necessary documents when the competent authorities request them.
CargoTrack offers you legal assistance in this regard, where you can benefit from:
– IMI declaration generation for your drivers;
– free consulting;
– a legal representative to give you help and support during inspections.
There are many aspects to consider when it comes to the IMI declaration. Inspections are frequent and can result in fines.
If you need help with this or have any questions, Contact us!
Frequently asked questions
What is the IMI declaration and why is it mandatory?
The IMI declaration is a document confirming that a fleet's drivers are paid in line with the minimum wage approved in the countries where they carry out loading, unloading, or cabotage operations. It became mandatory with Mobility Package 1, and from the European Commission's point of view, registering drivers on the IMI platform is mandatory in order to improve the functioning of the single market by facilitating administrative cooperation and mutual assistance between member states.
How do you obtain the IMI declaration?
The IMI declaration is generated online on the dedicated platform postingdeclaration.eu, based on the information requested by the EU — you do not need to complete it in your home country. The process can be handled in-house by an authorized person for each individual driver, or by a specialized company that enters the data correctly, manages the declarations every month, and provides a representative in the event of an inspection.
When must the posting declaration be submitted?
The posting declaration must be submitted in the portal created for this purpose at the latest at the actual start of the posting period.
What documents must the driver carry during the posting?
During the posting, the driver must have the posting declaration in printed or electronic form, proof of the transport operations in the host member state (such as the e-CMR document), and the tachograph records, in particular the country symbols of the member states in which the driver carried out transport operations.
What fine do I risk if I don't have the IMI declaration during an inspection?
The authorities frequently carry out inspections to check for the IMI declaration, and fines average 1,000 EUR. During an inspection, the authenticity and validity of the declaration are checked on the spot, in real time, by scanning the QR code on the document.
What documents must be submitted after the posting ends, and by what deadline?
After the posting ends, the following must be submitted through the IMI system: the tachograph records, the e-CMR documents, documentation on the driver's pay for the posting period, the employment contract, the timesheets, and proof of payment of wages. The deadline is a maximum of 8 weeks from the end of the posting period.
