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FAHR UND RUHEZEIT
Regelmäßige Rückkehr des Fahrers zum Betriebszentrum oder Wohnort des Arbeitgebers alle 3/4 Wochen
Verbot regelmäßiger Ruhepausen in der Kabine eines Fahrzeugs
ENTSENDUNG VON FAHRERN
Die Anwendung der neuen Entsenderegeln auf den internationalen Straßentransportsektor + das lokale Gehalt werden für Fahrer, die ihre Arbeit im Gastland ausführen, obligatorisch
VORSCHRIFTEN FÜR DIE DURCHFÜHRUNG VON TRANSPORTTÄTIGKEITEN INNERHALB DER EU
Beschränkungen der Kabotage, 4 Tage Ruhezeit; Verpflichtung, die Lkw alle 8 Wochen in die Betriebszentrale des Unternehmens zurückzubringen
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NEW POSTING RULESMOBILITY PACKAGE - FAQ
Due to the fact, that MP still raises a lot of issues and inquires and we have been receiving a huge number of questions during inspections and road checks controls, we decided to prepare this document with a focus on the MP, the current rules and future changes.
This document aims to improve the of understanding of the European rules on posting of drivers and the mobility of drivers through the European Union, as they have been revised with the adoption of Directive 2014/67/EU and
Directive 96/76/EU and the new Mobility Package upcoming on February 2022.
This understanding is essential to ensure that transport company and their drivers are aware of the obligations on the access to European market and dissemination of information relating to the free movement of goods -one hand and drivers – other hand, and mandatory obligations related to the
international transport sector.
This guideline provides a legal perspective and summary on mobile driver’s regulations and raises most important topics related to the European rules and matters regarding the management of road and administrative controls.
Main new provisions already applied from 20 August 2020?
a. Regular return of the driver to the base
Article 8 (8a) of Reg 561/2006:
• Objective of the rule : improve working conditions of drivers by spending longer rests at home and fight against nomadic driving,
• New changes : Obligation for operators: to organize work of drivers to ensure that they are able to go back “home” at least every 4 weeks (or 3 weeks in case of two consecutive reduced rests).
• Places of return : employer’s operational centre where the driver is normally based or driver’s place of residence (at the choice of the driver).
• Evidence : Transport undertakings shall use tachograph records, duty
roosters of the drivers or other documentation to prove compliance.
Evidence must be kept at the premises of the undertaking. The driver may choose a place of rest, but there is no possibility to exempt the
employer from the obligation to organize work in order to return to “home”.
How to prove the return to home?
Tachographs records, should be kept for 12 months at the
Drivers’ duty rosters,
Other documentation (tickets or other travel arrangements – ex.
driver travelled by a minibus provided by an employer).
They should be available at the premises of the transport undertaking and presented to the inspection authorities on request.
IMPORTANT : The driver should not be requested to possess such evidence.
After having performed a roadside check, the control authorities could decide to request additional information on the activity of a driver to the authorities of the MS when the road transport undertaking is established.
Is there a way to avoid this obligation?
The obligation of the employer to enable a regular return of a driver is of an organizational nature, combined with an obligation to keep corresponding records for checks by competent
Therefore, a declaration signed by a driver (for example, as a part of employment contract or a declaration renouncing in advance to
the right of a return, before the driver receives an to offer from the employer) renouncing his/her right to choose a return “home” cannot exonerate the employer from the obligation to offer a real possibility to return, nor from the obligation to organize the work accordingly.
b. Reduced weekly rests
Article 8 (6b) of Reg. 561/2006
New changes : Flexibility for weekly rests: possibility for drivers to take 2
consecutives reduced weekly rests subject to conditions,
• Only for drivers engaged in international freight transport,
• The 2 consecutives reduced rests period must be taken outside of the Member State of the driver’s place of residence.
• The 2 compensations must be taken en bloc and attached to the obligatory regular weekly rest following the two consecutive reduced
c. Ferry/train derogation to reduced and regular weekly rests
Art. 9 of Reg. 561/ 2006
• Possibility to interrupt twice (max 1 h in total for two interruptions):
– Reduced weekly rests when accompanying a vehicle on ferry/
– Regular weekly rests journey on ferry/train is longer than 8 hours
(only sleeper cabin),
• Driver must have access to a sleeper cabin, bank or couchette at their
• For regular weekly rests : Drivers may not, before embarking and/ or after disembarking from the ferry/ train, spend a part of their regular weekly rest in the vehicle.
d. Exceptional exceeding driving time (derogation)
Art. 12 (2) and 3 of Reg 561/ 2006
• Possibility to exceed daily and weekly driving time by 1 hour if a driver is
to reach home for a weekly rest,
• Possibility to exceed daily and weekly driving time by 2h if a driver is to reach home for a regular weekly rest. The driver must take 30 min break before additional driving time.
1. Exceptional situation,
2. Must not reduce rest period,
3. Must compensate the extension by additional rest attached to
other rest period within 3 weeks.
New derogations: What are the exceptional circumstances?
• These two new derogations may be used when, due to unforeseen circumstances independent from the driver’s or operator’s will
(weather conditions, congestion, delays at loading/ unloading points, etc.) a driver is not able to reach one of the places indicated above for a weekly rest without breaching rules on daily or weekly rests.
If the driver should mention this on the tachograph?
• The driver is required to indicated the reason for departure from the
driving time limits manually on the printout or record sheet or duty
rooster. This statement makes the driver accountable for instated
e. Rest outside the cabin
Article 8 (8) of Reg561/ 2006
New changes : Ban to take the regular weekly rest in the cabin of the truck,
• Cost of accommodation: to be recovered by the employer,
• Burden of proof on control authorities : there is no obligation for drivers to present proofs such as hotel bills. Fines can only be given when
drivers caught on the spot.
What documents should a driver present to a controller to prove that she/he has spent the regular weekly rest outside the truck?
• CE explanation: Drivers or employers can only be fined for non –
compliance with a prohibition of taking the regular weekly rest (of more than 45 hours) in the vehicle when they/their drivers are caught having
a regular weekly rest inside vehicle at the time of control.
a. Cabotage rules
Current rules – At present, three cabotage operations are permitted in a foreign country, within seven days.
New changes – Once the Mobility Package enters into force, the carrier will be able to carry out a maximum of three cabotage operations within seven
consecutive calendar days, HOWEVER the driver will not be able to carry out another cabotage on the territory of the same country unless at least four days have passed since the last trip of this type. Cooling off period of 4 days. That means, the carrier will be able to perform a maximum of three cabotage operations over the next seven days calendar, but the driver will not be able to manage another cabotage on the territory of the same country, a cooling off period of at least four days will be introduced before further cabotage operations can be carried out in the same country, using the same truck. The truck will be out of work This means that the vehicle will be ‘cooled off’ for a period of at least 4 days after the cabotage (e.g. in Netherland).
b. Rules for posting of drivers
New changes : The Mobility Package introduces an exemption from posting rules for drivers engaged in the following:
– bilateral transport transit operations
– combined transport (if carried out as part of bilateral transport)
– cross-trade operations (the exemption covers 1 loading or unloading
operation or 2 loading or unloading operations on the return journey, provided they take place in the course of a bilateral transport. The
exemption is valid for manual recording of the moment of crossing the
c. Licenses for carriers with a fleet of 2, 5 t to 3,5 t vehicles in
international transport (June 2022)
New changes : After the entry into force of the Mobility Package, new obligations will be imposed on undertakings carrying out transport with
vehicles with a GVW of 2.5-3.5 tones, such as:
– obtaining a permit to pursue the occupation of road transport operator and a community license,
– demonstrating financial capacity at a certain level.
IMPORTANT : The most important change for carriers managing a fleet of vehicles under 3.5 tones is the introduction of a permit to pursue the occupation of road transport operator, which has not been required until now.
d. Replacement of tachographs
New changes : The timeline for changes concerning these devices is as follows:
➢ Mandatory replacement of analogue and digital tachographswith 2nd generation smart tachographs – December 2024
➢ Obligation to store and present for inspection data from the tachograph for the day and preceding 56 days – December 2024
➢ Mandatory replacement of 1st generation smart tachographs with 2nd
generation smart tachographs – September 2025
➢ Mandatory use of tachographs and recording of working time and rest
periods for drivers of vehicles up to 3.5 t in international transport – July 2026.
New changes : The new smart tachographs will automatically record the position of the vehicle at successive points (or at the point closest to those where a GPS signal is available). In addition, to facilitate compliance check by
control authorities, the tachograph shall record information on the purpose (transport of goods or passengers) for which the vehicle has been used.
Wie werden die bilateralen Vorgänge auf der Straße kontrolliert (welche Dokumente)?
Die Behörde wird dies überprüfen:
➢ Beförderungsvertrag / (e-CMR)
What are the guarantees for posted drivers in terms of
The posted driver must be paid on the basis of the National minimum wage or the conventional wage applicable in the Host Member State if it is higher than the salary resulting from the law applicable to the work contract.
In accordance with 3.7 of the Directive 96/71/EC of December 16, 1996, the elements that can be considered are as follows:
– The salary,
– Any additional payment for overtime,
– Any extra payment, (long -services bonus according to the years’
– Any allowances related to the posting (expatriation bonus),
– Any travel, accommodation and meals fees are not taken into account, these amounts are a lump sump nature and are not part of the salary.
New changes: Directive 2018/957 introducing revised rules on the posting of workers (applicable to transport from 2 February 2022):
“Allowances specific to posting often serve several purposes. Insofar as their purpose is the reimbursement of expenditure incurred on account of the posting, such as expenditure on travel, board and lodging, they should not be considered to be part of remuneration. It is for Member States, in accordance with their national law and / or practice, to set rules with regard to the reimbursement of such expenditure. The employer should reimburse posted workers for such expenditure in accordance with the national law and/or
practice applicable to the employment relationship.”
Allowances included in the remuneration
Allowances specific to posting which are not paid in reimbursement of the costs incurred by the driver. This needs to be clearly stated in the national law applied to the employment relationship
Allowances excluded from the remuneration
Allowances specific to posting which are paid in reimbursement of the
costs incurred by the driver. In case there is no clarity in the national law applicable to the employment relationship which parts of the allowance are paid as r e i m b u r s e m e n t t h e w h o l e allowance should be deducted from the remuneration.
Important : It should be verified at the national level about which parts of the allowances are paid as reimbursement and then should be deducted from the renumeration.
Summary: European Rules related to the driving time, rest time, breaks
Minimum daily rest:
- Simple equipage
- Double crew
Regular daily rest of at least 11 consecutive hours per 24-hour period:
– can be reduced to nine hours, three times a week;
– can be taken in two parts with a first part of at least three hours and a second part of at least nine hours 9 consecutive hours per 30 – hour period
Minimum weekly rest:
45 consecutive hours- option for a reduced rest period of 24 hours in 2 consecutive weeks, provided that this is compensated en bloc before the end of the 3rd week.
Maximum continued driving time : 4 hours 30 minutes
Breaks : 45 minutes that can be divided into two periods, should be taken after 4 ½ hours at the latest :
– the first 15 minutes at least
– the second of at least 30 minutes,
Maximum daily driving time : 9 hours with the possibility of extension to 10 hours, twice per week;
Maximum weekly driving : Total weekly driving time may not exceed 56 hours Total of 90 hours fortnightly driving limit.
Daily service time :
– Maximum: 12 hours
– Maximum: 10 hours if working time during night between 0 and 5 am.
New administrative requirements – Mandatory documents in the cabin from 02/02/2022
Mandatory documents :
Regarding Mobility Package and the IMI system, mandatory documents for road checks are as following:
a copy of the posting declaration submitted via IMI;
Evidence of the transport operations taking place in the host Member State, suchasan electronic consignment note (e-CMR) or evidence referred to in Article 8(3) of Regulation (EC) No 1072/2009;
The tachograph records and in particular the country symbols of the Member States in which the driver was present when carrying out international road transport operations or cabotage operations, in
accordance with registration and record-keeping requirements under Regulations (EC) No 561/2006 and (EU) No 165/2014;
New changes : Obligation for the transport company established in another
Member State to submit a posting declaration to the national competent
authorities of a Member State to which the driver is posted at the latest at the Mandatory documents ALL Member States in the EU Regarding Mobility Package and the IMI system, mandatory documents for road checks are as following:
– a copy of the posting declaration submitted via IMI;
– evidence of the transport operations taking place in the host
Member State, such as an electronic consignment note (e-CMR)
or evidence referred to in Article 8(3) of Regulation (EC) No 1072/2009;
– the tachograph records and in particular the country symbols of the Member States in which the driver was present when carrying out internatio n al road transport operations or cabotage operations, in accordance with registration and record-keeping requirements under Regulations (EC) No 561/2006 and (EU) No 165/2014; commencement of the posting, using the Internal Market Information System (‘IMI’).
This posting declaration will include in particular: the contact details of a transport manager or other contact person in the Member State of establishment to liaise with the competent authorities of the host Member State in which the services are provided and to send out and receive documents or notices.
Details of the company, including License at least in the form of the
number of the Community licence where this number is available;
Details of the drivers, including Driving license, the start date of the driver’s contract of employment, and the law applicable to it;
• the envisaged start and end date of the posting;
• the number plates of the motor vehicles;
• type of transport activity performed are carriage of goods, carriage of passengers, international carriage or cabotage operations.
Moreover, it will be mandatory for the transport company to send via the public interface connected to IMI, after the period of posting, at the direct request of the competent authorities of the Member States where the posting took place, copies of the following documents:
• Copy of the posting declaration,
• evidence of the transport operations (e-CMR) and tachograph records;
• documentation relating to the remuneration of the driver in respect of
the period of posting,
• the employment contract or an equivalent document,
• time-sheets relating to the driver’s work,
• proof of payments.
The European Commission will give more information about this IMI system soon.
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