10 februar 2022

EU mobility package

The mobility package decided by the EU, has been taken to secure a common set of rules in the transport sector across Europe and will have a major effect when the set of regulations come into force step by step during the comings years. First step was in August 2020 and next step comes into force as of February.

The purpose of the EU mobility package is to secure better terms for truck drivers and make the set of rules for truck drivers abroad, clearer. It will secure that the new and existing rules will be followed, and it will make it easier to deal with the illegal methods.

The key points of the EU mobility package include the following:

Driving time and rest period (in force as of August 2020)

  • The truck drivers are not allowed to spend their weekly rest in the cabin
  • Weekly rest must take place in a suitable and gender-neutral accommodation with proper sleeping- and sanitary facilities
  • Accommodation must be paid by the employer
  • The truck drivers must be granted the possibility to return to home every 3rd to 4th week

Working hours (will apply as of February 2022)

  • Average weekly working hours of max 48 hours over a 4-month period
  • Maximum daily working time of 10 hours within a period of 24 hours where night work is performed

Posting (will apply as of February 2022)

  • Drivers are entitled to the same working conditions and minimum wage in their country of assignment, with the exception of pure transit journeys and bilateral transport
  • Applies during the transport but not during rest period
  • The journey must be notified prior to the start of the transport in IMI, by filing a posting declaration
  • All trucks must manually register all border crossings

Cabotage (will apply as of February 2022)

  • The cabotage regulations now applies to the road part of a combined transport as well
  • When a truck has reached the maximum allowed cabotage transports in a specific country, the truck needs to leave the country for a cool down period of 4 days before returning to the country
  • The truck must return to home every 8 week. Home definition is the Member State of establishment, this applies also for third country transports

As a consequence of the EU mobility package, the Polish government has changed the rules for tax-free travel allowances. Previously the employees received a tax-free allowance. As of 02.02.2022 they will no longer receive this as such, but they will receive reimbursement of expenses incurred in connection with the posting i.e., travel costs and accommodation costs. The situation is, that previously a truck driver received a tax-free travel allowance because they were considered as being on a business trip. This changes as they are now seen as posted abroad.
It means that:

  • The employer must compensate the employee with a higher base salary to maintain the net salary of the employee
  • The net amount for the employee will be less than before because they do not have the taxfree travel allowance and instead, the employee must pay tax of a higher base salary.
  • Salary cost of the employee will be higher as of 02.02.2022.

The impact of the EU Mobility Package will affect both the planning and the cost of transport.
Here is an overview of the consequences:

  • Capacity pressure will intensify even further
  • Significantly increased administrative effort (administration and documentation)
  • Negative environmental impact
  • Cost increase due to higher salary costs, capacity issues and additional administrative workload
  • Lower truck fleet productivity