The challenge of the moment in the field of transport
Mobility Package 1 – perhaps the most searched phrase among carriers this year. The restrictive measures imposed by the European Union through Mobility Package 1 have been a threat from the very beginning, especially for small and medium-sized transport companies already affected by the previous pandemic context.
Legislation like this coming on top of fuel prices, long customs wait times, the labor crunch, has been an endurance test for many carriers.
The Posting Directive, the Mobility Package 2022 have become long-debated topics by both specialists in the field, lawyers and people involved in the field of transport. It all started from a series of legislative ambiguities that left room for many interpretations.
Mobility Package 1 – But how can carriers “survive” the new legislative requirements?
First of all knowing and respecting the rules in force.
The Mobility Package 1, whose rules were implemented from 2 February 2022, targets road transport companies that carry out international road transport operations in the European Economic Area and 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).
Afterwards, they are issued posting certificates valid for a maximum of 6 months, which they must have either in electronic form or in physical format, on paper.
We must take into account the fact that Romania ranks in the top 3 international road transport operations of cross-trade type (10.5%) and cabotage (8.2%) in the European Union, according to UNTRR.
Cross-trade – transport operation carried out between two member states or between a member state and a third state. Careful! None of these states is the home country of the operator carrying out these operations.
What are IMI Statements?
The European Commission has developed a multilingual public interface through which transport operators can transmit and update posting information – IMI. Moreover, they can transmit other documents relevant to IMI, depending on the particularities.
This portal was created to ease the administrative burden for carriers and to simplify the process of submitting and updating published declarations.
Thus, it has become mandatory to make a declaration of posting in the portal specially created for this purpose, at the latest at the actual beginning of the posting period.
In this regard, a tool has been created to manage the exchange of information (including certain personal data) between the national administrations of the EEA member states.
Who must hold IMI Statements?
IMI declarations must be in possession of all drivers carrying out a loading or unloading operation in the countries of the European Economic Area.
Thus, from February 2, 2022, the agreement provides that the rules on the posting of drivers have been applied to the following operations:
- cabotage
- intra-community transport
Exceptions are made for drivers who are 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 chronological evolution of the most controversial measure in the field of transport:
February 2, 2022 – Day 0 of a law that has been a boon for Romanian transporters and not only from the very beginning
Carriers are required to provide drivers with payment for each hour worked in states where they carry out cabotage and cross-trade operations.
Before carrying out a transport service, companies are obliged to declare the posting of drivers in the IMI platform, created for this purpose.
In addition, the obligation to manually enter the entry and/or exit from a certain state by the driver into the tachograph was introduced.
20 May 2022 – tonnage obligations
From this date, the obligation to return trucks home every 8 weeks was introduced.
After three cabotage operations in a country for seven days, there is a four-day cooling off period. More precisely, after the completion of cabotage operations, such actions may no longer be carried out with the same vehicle in that Member State for a period of four days following the end of its cabotage operation in that country.
Exceptions to the legislative application of the Posting Directive are bilateral transport, transit and cross-trade operations related to each direction of a bilateral transport.
The main effects of the 8-week homecoming are primarily carrier inflation and reduced prices. In addition, the number of import/export trucks is doubled.
20 May 2022 – tonnage obligations
The need for a road transport license for vehicles over 2.5 tonnes has been integrated. Furthermore, companies were required to meet the requirement of good standing and to employ a transport manager certified for this purpose.
In addition, the obligation to provide a financial guarantee for the first vehicle of at least 2.5 tons, in the amount of 1800 euros, was implemented.
Also, vehicles under 3.5 tons are required to use the tachograph.
August 20, 2022 – Homecoming of the drivers
Drivers who work in the community are required to return home or to the company headquarters every four weeks. In addition, the weekly rest periods can no longer be carried out on board the vehicle, but in accommodation spaces, their costs being covered by the employers.
Moreover, also from August 20, 2022, it implies the observance of two reduced weekly breaks of 24 consecutive hours in the case of international transport, with the amendment that “in any four consecutive weeks, that driver must take at least four weekly rest periods of which at least two weekly rest periods to be normal rest periods.”, according to eur-lex.europa.eu
The Mobility Package. What do the next years have in store for us?
We must also consider the following obligations that we will have to comply with in the next period.
The equipping of heavy goods vehicles with intelligent tachographs will become mandatory by 2024 and the adaptation of type 1 tachographs will become mandatory by 2025 at the latest.
Furthermore, the smart tachograph will also be introduced in light commercial vehicles by June 2026 at the latest.
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