MOBILITY PACKAGE 1 PUBLISHED IN THE EU OFFICIAL JOURNAL

On 31.07.2020 the Mobility Package 1 legislation was published in the Official Journal of the European Union.

1. Regulation (EU) 2020/1054 of the European Parliament and of the Council of 15 July 2020 amending Regulation (EC) No 561/2006 as regards minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) No 165/2014 as regards positioning by means of tachograph:

• Return of the driver to employer's operational centre or place of residence every 4 weeks

• Regular weekly rests periods must be taken in suitable accommodation paid for by company

• Drivers can take 2 consecutive reduced weekly rests provided in 4 consecutive weeks there are at least 2 regular weekly rests and 2 reduced weekly rests. The compensation for the two reduced weekly rest periods must be attached to the next weekly rest. However, if 3 or more consecutive reduced weekly rests are taken the compensation must be made within 3 weeks. You will shortly receive another newsletter about our interpretation of the provisions on reduced weekly rests periods.

• Drivers can exceed their daily or weekly driving time (by 1 or 2 hours) to reach their place of residence or the employer's operational centre in certain conditions.

• 56 day control period (applicable from 31.12.2024).

• Ferry rule - possibility to interrupt a regular daily rest, regular weekly rest or reduced weekly rest period, provided certain conditions are satisfied.

2. Regulation (EU) 2020/1055 of the European Parliament and of the Council of 15 July 2020 amending Regulations (EC) No 1071/2009, (EC) No 1072/2009 and (EU) No 1024/2012 with a view to adapting them to developments in the road transport sector:

• Obligation to return trucks to the company's headquarters every 8 weeks.

• Transport companies are not allowed to carry out cabotage with the same vehicle in the same Member State within 4 days following the end of its cabotage operation in that Member State.

• Tachographs will become mandatory for light commercial vehicles between 2,5T - 3,5 T, and small transport operators will be subject to EU rules for transport.

• To fight letter-box companies, transport companies will have to prove their main activity in the establishment Member State by:

— having an effective and stable establishment in the Member State 

— having the appropriate financial standing

— having the required professional competence

3. Directive (EU)  2020/1057 of the  European  Parliament and  of the Council of 15 July 2020 laying down specific rules with respect to Directive 96/71/EC and Directive                        2014/67/EU for posting drivers  in   the   road   transport   sector   and   amending   Directive   2006/2 2/EC as regards enforcement requirements and  Regulation  (EU)  No 1024/2012

• The minimum wage laws become mandatory for all European Union Member States. In other words, if transport companies post drivers to work in another EU Member State, they must pay the same wage as for a local driver in that Member State.

• New posting rules apply to international transport operations and cabotage, but not bilateral operations for transport of goods and passengers (transport from a Member State where the driver is based to another Member State and vice-versa) and transit.

It is yet to see how different Member States will interpret and enforce these new provisions.   As ever, Guretruck will keep you updated on the developments in this area.

Kind regards,