Today's Big Challenge in Transport
Mobility Package 1 – perhaps the most searched phrase among hauliers this year. The restrictive measures imposed by the European Union through Mobility Package 1 were a threat from the very start, especially for small and medium-sized transport companies already hit by the earlier pandemic.
Coming on top of high fuel prices, long waiting times at customs and the labor shortage, a regulation like this was an endurance test for many hauliers.
The Posting Directive and the 2022 Mobility Package have become topics of lengthy debate among industry specialists, lawyers and people involved in transport. It all started with a series of legislative ambiguities that left room for many interpretations.
Mobility Package 1 – But how can hauliers “survive” the new legal requirements?
First of all, by knowing and complying with the rules in force.
Mobility Package 1, whose rules have been in effect since February 2, 2022, targets road transport companies that carry out international road transport operations in the European Economic Area and in the UK.
More precisely, drivers of transport companies that carry out cabotage and cross-trade operations in these areas must be registered in the IMI platform (Internal Market Information System).
They are then issued posting certificates valid for up to 6 months, which they must carry either electronically or on paper.
We should keep in mind that Romania ranks in the top 3 in the European Union for international cross-trade (10.5%) and cabotage (8.2%) road transport operations, according to UNTRR.
Cross-trade – a transport operation carried out between two member states or between a member state and a third country. Note: none of these states is the home country of the operator carrying out these operations.
What Are IMI Declarations?
The European Commission has developed a public, multilingual interface through which transport operators can submit and update posting information – IMI. They can also submit other documents relevant to IMI, depending on their specific situation.
This portal was created to ease the administrative burden on hauliers and to simplify the process of submitting and updating published declarations.
As a result, it became mandatory to file a posting declaration in the portal created specifically for this purpose, no later than the actual start of the posting period.
To this end, a tool was created to manage the exchange of information (including certain personal data) between the national administrations of EEA member states.
Who Needs IMI Declarations?
The IMI declarations must be held by all drivers who carry out a loading or unloading operation in the countries of the European Economic Area.
Thus, as of February 2, 2022, the agreement provides that the rules on posting drivers have applied to the following operations:
- cabotage
- intra-community transport
Exempt are drivers in the following situations:
- transit (travel without loading or unloading)
- bilateral/multilateral transport
- additional loading/unloading operations carried out in the context of bilateral/multilateral transport operations
Here is the timeline of the most controversial measure in transport:
February 2, 2022 – Mobility Package – Day 0 of a law that was a turning point from the very start for Romanian hauliers and beyond
Hauliers are required to pay drivers for every hour worked in the states where they carry out cabotage and cross-trade operations.
Before performing a transport service, companies are required to declare the posting of drivers in the IMI platform, created for this purpose.
In addition, drivers are now required to manually enter in the tachograph their entry into and/or exit from a given country.
February 21, 2022 – Mobility Package – Trucks returning home, new restrictions
From this date, trucks have been required to return home every 8 weeks.
After three cabotage operations in a country within seven days, a four-day “cooling off” period follows. More precisely, once the cabotage operations are completed, no further such operations may be carried out with the same vehicle in that member state for four days after the end of its cabotage operation in that country.
Bilateral transport, transit and cross-trade operations linked to each leg of a bilateral transport are exempt from the Posting Directive.
The main effects of the 8-week return-home rule are, first of all, an oversupply of hauliers and lower prices. In addition, the number of trucks doing import/export doubles.
May 20, 2022 – Mobility Package – Obligations by tonnage
The requirement for a road transport license was introduced for vehicles over 2.5 tons. Companies were also required to meet the good repute requirement and to employ a certified transport manager for this purpose.
In addition, an obligation was introduced to provide a financial guarantee of 1,800 euros for the first vehicle of at least 2.5 tons.
Vehicles under 3.5 tons are also required to use a tachograph.
August 20, 2022 – Mobility Package – Drivers returning home
Drivers working within the Community are required to return home or to the company's base every four weeks. In addition, regular weekly rest periods can no longer be taken on board the vehicle, but in accommodation, with the costs covered by employers.
Also from August 20, 2022, international transport requires two consecutive reduced weekly rests of 24 hours, with the amendment that “in any four consecutive weeks, the driver shall take at least four weekly rest periods, of which at least two shall be regular weekly rest periods.”, According to eur-lex.europa.eu
The Mobility Package: What Do the Coming Years Hold?
We should also keep in mind the following obligations we will have to meet in the coming period.
Equipping heavy goods vehicles with smart tachographs will become mandatory by 2024, and retrofitting type 1 tachographs will become mandatory by 2025 at the latest.
Moreover, the smart tachograph will also be introduced on light commercial vehicles by June 2026 at the latest.
If you need financial and legal consulting services for your transport company, we have a team of specialists ready to help!
Useful Questions and Answers – Mobility Package Regulations
1. In short, what are the Mobility Package regulations?
The Mobility Package is a set of European rules that brings order to international road transport. It clearly sets how long you can drive, when you must rest, how driver posting works, what you can do in cabotage and how you use the tachograph. The idea is simple: the same rules for all EU hauliers, to eliminate unfair competition.
2. What changes for driving times and rest periods?
The rules are monitored more closely and enforced more strictly. How you plan weekly rests, how you compensate reduced rest and where the rest is taken all matter. Poor planning can quickly lead to fines.
3. Does the driver have to return home periodically?
Yes. One of the key provisions of the Mobility Package is that drivers must have a real opportunity to return home or to the operational base at regular intervals. The company must be able to show that it organizes its operations so that this is possible.
4. Can the regular weekly rest still be taken in the cab?
The regular weekly rest must not be taken in the cab. This is a sensitive point during roadside checks. That is why companies must provide alternatives, such as accommodation or authorized parking areas.
5. What is the IMI declaration and when is it required?
The IMI declaration is the document used for posting drivers within the EU. It is filed in the European system and is required when the transport falls under the posting rules. A missing declaration can lead to penalties during checks.
6. Why is the A1 form important?
The A1 form proves that the driver is covered by social security in their home country, even if they are working temporarily in other member states. It is a document frequently requested during international checks.
7. What are the rules for cabotage and the rest period?
Cabotage is subject to limits on the number of operations and a mandatory break before resuming cabotage in the same country. Breaking these rules can lead to significant penalties.
8. What is the smart tachograph and why does it matter?
The smart tachograph automatically records border crossings and other relevant activities. Under the Mobility Package, using it becomes essential for checking compliance with the rules on international transport.
9. Which documents are checked most often during inspections?
Inspections check transport documents, tachograph data, posting declarations (IMI, where applicable) and the A1 form. It is important that all documents are up to date and easy to access.
10. Does the Mobility Package apply only to heavy trucks?
No. Depending on the vehicle's weight and the type of transport (especially international), the rules may also apply to vans. That is why it is advisable to check exactly what obligations you have before running international trips.
