After long and very exciting discussions called “trilateral negotiations” between EU institutions, the Mobility Package was finally adopted by the European Parliament on 8th July 2020. The three basic pillars of the changes are the Directive on the posting of workers, the Regulation on access to the transport market, and the Regulation on driving and rest times.
These three controversial legislative acts that so clearly divided MEPs and EU countries have been on the European agenda for a long time. The two regulations and one directive of the Mobility Package seek to modernize, replace and merge provisions governing posting rules in the road transport sector and to ensure adequate working conditions for drivers, harmonize administrative requirements and access to the road transport sector.
While most of the new rules will be applicable from February 2022, the new provisions on driving time, breaks and rest periods are already applicable from 20th of August 2020.
In the case of already applicable new rules on driving times and rest periods, there is an important thing that transport companies need to know about the ban on taking weekly rest time in the cab during regular rest periods. According to the EC Questions & Answers, the control authorities in the MS can only impose penalties in cases where drivers “are caught in the act.” In this frame, if a company is assigned a wrongful penalty, Move Expert can assist companies in contesting the penalty.
What the transport business need to expect in the future? The new directive aims at setting a minimum wage for truck drivers engaged in international or cabotage transport. To this end, drivers will be required to receive at least the minimum wage of the country in which they carry out the transport service. It is abig upcoming change which will result in additional administrative work for transport companies.
Moreover, all road transport companies will have to prove that they have actual activity in the Member State in which they are registered. It will require, among other things, that trucks return to the country of registration every eight weeks and drivers must return every three or four weeks.
The goal of this logistics reform is to have more uniform and effective control on transportation, andthis is raising a lot of discussions about the future of the transport sector: how the Mobility package will divide international transport companies between European regions? How the market itself will control the demand of transport activities in order to avoid lack or surplus of demand? Can transport sector expect growth or retreat?
We are inviting all transport companies to meet on 23rd of June 2021 10:00 AM CET in order to learn more about all these changes, ask open questions and prepare the company activities for the future.
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We also invite you to look at our legal support page if you need any help for your road controls.
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