Road Transport Posting of Drivers Directive

Introduction

Directive (EU) 2020/1057 is a key legislative act within the EU's "Mobility Package I," designed to reform the road transport sector. It establishes specific rules for the posting of drivers in the road transport sector, adapting the general principles of the Posting of Workers Directive (96/71/EC) to the highly mobile nature of the transport industry. Additionally, it amends Directive 2006/22/EC regarding enforcement requirements and Regulation (EU) No 1024/2012 regarding the Internal Market Information System (IMI).

Main Goal

The primary objective is to ensure a balance between adequate working conditions and social protection for drivers and the freedom for operators to provide cross-border services. It aims to eliminate "letterbox companies," ensure fair competition, and provide legal certainty regarding when a driver is considered "posted" (and thus entitled to the host country's minimum wage and working conditions).

Who It Applies To

This Directive applies to:

• Road Transport Undertakings (Operators): Companies established in an EU Member State performing cross-border transport of goods or passengers.
• Drivers: Employees of these undertakings performing specific types of cross-border operations.
• Supply Chain Actors: Consignors, freight forwarders, contractors, and subcontractors commissioned transport services.

Key Provisions

Determining Posted Status

The Directive clarifies when posting rules apply:

• Not Posted (Exempt):
  • Bilateral Operations: Transport from the Member State of establishment to another country and vice versa.
  • Transit: Crossing a territory without loading or unloading.
  • Limited Additional Activities: Loading/unloading linked to bilateral operations (subject to specific conditions and limits).
• Posted (Rules Apply):
  • Cabotage: National transport operations performed by a non-resident hauler on a temporary basis in a host Member State.
  • Cross-trade: Non-bilateral international transport operations between two Member States (neither being the country of establishment).

Obligations & Requirements

• Posting Declarations: Operators must submit a posting declaration via the Internal Market Information System (IMI) public interface before the posting begins.
• Document Retention: Drivers must keep specific documents (digital or paper) available at roadside checks, including the posting declaration and evidence of transport (e.g., e-CMR).
• Response to Requests: Operators must provide documentation (payslips, timesheets, proof of payment) via IMI within 8 weeks upon request by authorities.
• Smart Tachographs: Utilized to record border crossings to facilitate enforcement.

Penalties

Member States are required to lay down rules on sanctions for infringements of national provisions adopted pursuant to this Directive. These penalties must be effective, proportionate, dissuasive, and non-discriminatory.

Significantly, the Directive introduces chain liability: Consignors, freight forwarders, contractors, and subcontractors can be sanctioned if they knew, or ought to have known, that the transport services they commissioned infringed the posting rules.