Mobility Package 1 to usher in major changes in the field of road transport

9. March 2020 | Reading Time: 2 Min

Mobility Package 1, published by the European Commission on 31 May 2017, was approved on 21 January 2020 by the TRAN Commission of the European Parliament.

The package comprises 8 key areas for modifying European legislation in the field of road transport (i.e. access to the market for road freight transport and access to the profession of transport operator for passengers and goods, hiring of freight vehicles without drivers, road and electronic charging, driving and rest time rules, posting of workers, application and verification of the law, vehicle tax, and monitoring and reporting of CO2 emissions for heavy vehicles).

The measures with the most significant impact are as follows:

A. Scheduling of weekly rest periods
International freight drivers will be able to perform 2 reduced weekly rest periods, provided that in a period of 4 weeks they carry out two normal weekly rest periods outside of the state of establishment (companies must pay accommodation costs if the period of rest occurs outside the driver’s home).
The two reduced weekly rest periods are to be compensated for in advance of the next normal weekly rest period, with the driver having the possibility to return home every three weeks.

B. Equipping of fleets with 2nd-generation smart tachographs to combat fraud

C. Obligation on fleet to return to one of the operational centres in the Member State of establishment within eight weeks of leaving it

D. Introduction of a cooling-off period for cabotage
The current system of 3 cabotage operations in 7 days remains in force, but a cooling-off period of 4 days is introduced before new cabotage operations can be carried out within the same country using the same vehicle.

In addition, it was decided to apply the Rome I Regulation, such that employment contracts should reflect the normal place of work of the drivers and the place of establishment of the company should be the place where or from which the drivers normally carry out their activity.

In order to become law, Mobility Package 1 needs to be approved by EU ministers and then by the European Parliament in plenary. The new rules regarding the posting of drivers and market access (including on the return of drivers) will take effect 18 months after entry into force of the legal acts, while the rules regarding resting times will apply 20 days after publication.

Source: Proposal for a directive amending Directive 2006/22/EC as regards enforcement requirements and laying down specific rules, Revision of Regulation 2006/561/EC on driving and rest periods and of Regulation 2016/165/EU on tachographs, Revision of the Regulations on Access to Road Haulage Marketa and to the occupation of road transport undertaking (1071 and 1072 2009).

Tax & Legal Newsletter_February_2020
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