The first part of the Mobility Package was adopted in July 2020, and includes major amendments to Directive 96/71/EC on the posting of drivers in the road transport sector. These amendments aim to strengthen workers’ rights, improve conditions of fair competition between companies and promote road safety.

Directive 2020/1057 (known as “LEX SPECIALIS”) of the European Parliament and of the Council of 15/07/2020 includes measures specific to the posting of road drivers. It is an important part of the “Mobility Package I”.

The new rules on the posting of drivers in road transport, specified in Directive 2020/1057, adopted in July 2021 as part of the Mobility package, take effect from February 2, 2022. They include:

The obligation to provide posting declarations to member states where drivers will be posted.

The need to present documents to the authorities of the Member States to which the drivers have been posted, at the request of these authorities.

What situations are exempt from this directive?

A driver is not considered to be posted, which means that he or she does not have to make a posting declaration via the new European portal, in the following cases:

When carrying out bilateral operations (bilateral transport of goods);

When transiting through a member state without loading or unloading goods.

The operator (employer) of a posted driver is obliged to submit a posting declaration for a period ranging from 1 day to a maximum of 6 months, with a QR code issued to the competent authorities of the member state to which the driver is posted, no later than the start of the posting via system imi. Even for a 24-hour posting, a declaration must be made to cover the posting.

To sum up, it is therefore advisable to make one declaration per driver, per country and per posting (bearing in mind that the posting company may register several postings if it has already planned postings for this driver in the said country over a 6-month period).

This posting declaration must contain the following information:

• The identity of the operator;
• Details of a transport manager or other contact person in the member state of establishment;
• The identity, home address and driving license number of the driver;
• The starting date of the driver’s employment contract and the law applicable to this contract;
• The planned start and end dates of the secondment;
• License plate of motor vehicles;
• Type of transport: goods / passenger / international / cabotage.

In addition to the employer’s obligations, the company must ensure that the driver has the following documents at his disposal, on paper or in electronic format:

1.A copy of the posting declaration

2.Proof of transport operations taking place on national territory, such as an electronic consignment note (e-CMR) or the proof referred to in Article 8(3) of Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market;

3.The tachograph records, and in particular the country symbols of the Member States where the driver was present when carrying out international road haulage operations or cabotage operations, in accordance with the requirements for recording and keeping records under Regulations (EC) No 561/2006 and (EU) No 165/2014.

It must also ensure that the driver in one of the cases of exemption from the posting rules (bilateral transport) has at his disposal, on paper or in electronic format, the documents mentioned in 2) and 3), (proof of transport operations such as the E-CMR and tachygrpahe records). The driver must keep the above-mentioned documents on board his vehicle and present them at the request of the control officers.

After the period of secondment, the company must transmit, using the public interface connected to the “IMI” internal market information system, no later than eight weeks after the date of application:

1. Copies of the documents mentioned in 2° and 3° of I of article R. 1332-3 ;

2. Employment contract or equivalent document;

3. Pay slips corresponding to the period of secondment for each seconded employee, or any equivalent document certifying remuneration and including the following details:

• Gross hourly wage, including overtime bonuses, converted into euros;
• Period and hours of work to which the wage relates, distinguishing between hours paid at the normal rate and those with a premium;
• Holidays and related remuneration;

4. Any document attesting to the actual payment of wages.

If the company fails to submit the requested documents within the eight-week deadline, the enforcement officers referred to in Article L. 8271-1-2 of the French Labor Code may request assistance from the competent authorities of the Member State of establishment, via IMI.

Each member country of the European Union has adopted the European Directive into its national legislation. Consequently, posting conditions vary from country to country. The main European countries involved in the posting of lorry drivers include Germany, France, Spain, Italy, the UK, Poland and many others.

Specific requirements by country for the posting of drivers

• Germany: Germany has strict rules on the posting of drivers, with minimum hourly wages, working time limits and strict safety standards.
• France: France also imposes a minimum hourly wage and high safety standards. In addition, companies must comply with collective transport agreements.
• Spain: In Spain, there are specific rules for the posting of drivers, particularly with regard to driving and rest times.
• Italy: Italy has its own requirements, including compulsory declarations for posted workers.
• United Kingdom: Although the UK is no longer part of the EU, it continues to apply similar rules to the posting of drivers.
• Poland: Poland also has its own specific rules and standards, including minimum wage requirements.

Transport companies are strongly advised to work closely with experts to ensure compliance with the rules in force. Failure to comply with these rules can result in delivery delays, additional costs, fines and other negative consequences for transport companies. Rules and regulations can change, so it’s important to keep abreast of the latest updates.

It is essential that foreign transport companies familiarize themselves with the specific regulations of each European country crossed or delivered, as well as any EU rules that may apply. A good practice is to work closely with transport and customs experts to ensure regulatory compliance. Regulations can change, so it’s important to keep abreast of the latest updates.

Posting of drivers for transport companies presents significant challenges, including the complexity of regulations, administrative constraints and associated costs. Transport companies need to be aware of the specific requirements of each country to which they post drivers, which can require careful management.

Important notes:

• Minimum wage amounts and fines may vary from year to year and are subject to change by national authorities.
• Penalties and fines depend on non-compliance with the specific rules of each country, and may vary according to the seriousness of the offence.
• By complying with Mobility Package rules and using an online solution, transport companies can minimize the risk of sanctions, fines and disruption, while ensuring compliance with national and European standards. This can also enhance the company’s reputation and strengthen relations with employees and the authorities.