Career
The Mobility Package is one of the most important sets of regulations concerning road transport in the European Union. It introduces a series of changes regarding drivers' working hours, rest periods, wages, and rules governing the profession of a road carrier. How does the Mobility Package affect the transport industry?
What is the Mobility Package?
The Mobility Package is a set of regulations in the European Union aimed at regulating the transport market and improving working conditions for professional drivers. The main goals of these regulations are to ensure fair competition, improve road safety, and guarantee better working conditions for drivers, including Polish carriers.
The Mobility Package introduces changes concerning:
-
Drivers' working hours and rest periods,
-
Wages, per diems, and lump sums,
-
The mandatory return of vehicles to the country of registration,
-
Cabotage and transit regulations,
-
New requirements for tachographs.
Who is affected, and what does the Mobility Package regulate?
The Mobility Package applies to all transport companies operating within the European Union, whether based in the EU or outside it, if their activities involve transport within the EU.
The package regulates, among other things:
-
Drivers' working conditions, including rest periods and wages,
-
Rules for posted drivers – requiring payment in accordance with the regulations of the country where transport is performed,
-
Cabotage – changes to cabotage operations and limitations on their frequency,
-
The tachograph system – introducing the second generation of smart tachographs,
-
The obligation for trucks to return to the country of registration at least once every eight weeks.
Key Regulations in the Mobility Package
The Mobility Package covers many aspects of the transport industry's operations, with the most important being:
Regular Weekly Rest
Drivers performing international transport must comply with weekly rest rules. A regular weekly rest (minimum 45 hours) cannot be taken in the vehicle's cabin. Employers must provide suitable accommodation at the company's expense. Violations can result in high financial penalties for both the driver and the carrier.
Extended Driving Time
In exceptional cases, a driver may extend their driving time by up to one hour if it allows them to reach their base or home for a weekly rest. This must be justified and recorded in the tachograph.
In exceptional circumstances, driving time can be extended by two hours, but only if the driver takes a 30-minute break beforehand.
Night Work Restrictions
New regulations limit night work to a maximum of 10 hours to enhance road safety and reduce fatigue-related accidents. Transport companies must adjust their schedules to ensure adequate rest periods between shifts.
Operational Base for Road Transport
Transport companies must have a physical operational base in the country of registration, where vehicles are parked and business activities are conducted. This is a key measure to prevent fictitious transport companies.
Penalties in the Transport Sector
The new regulations impose high penalties on transport companies that fail to comply with the Mobility Package rules, including improper working hours, lack of rest periods, or incorrect wage payments.
Changes in the Mobility Package
The Mobility Package is continuously being updated and adjusted. Changes include:
-
New tachograph requirements,
-
Modifications to the mandatory return of vehicles to the country of registration,
-
Adjustments to cabotage regulations.
Per Diems and Lump Sums
Regulations on driver wages have changed, introducing the obligation to apply the minimum wage of the country where the transport is carried out. This includes per diems and lump sums, which must be calculated according to new guidelines.
Transit
Drivers performing transit through EU countries are not subject to posting regulations, meaning they are not required to receive wages in line with the minimum rate of the transit country.
Cabotage
The Mobility Package limits cabotage operations, meaning the transport of goods within another EU country. After completing three cabotage operations within seven days, the vehicle must leave that country for at least four days.
IMI System
The Internal Market Information System (IMI) facilitates information exchange between regulatory authorities across EU countries, ensuring better compliance with Mobility Package regulations.
Licensing for a Broader Range of Businesses
Since 2022, the requirement for a transport license has been extended to companies using light commercial vehicles (2.5 – 3.5 tons) for international transport.
Good Reputation Requirement
To obtain or maintain a transport license, a carrier must meet good reputation criteria. Violations of the regulations may lead to the loss of transport operating rights.
Second-Generation Tachographs
From 2023, new second generation smart tachographs have been introduced to more accurately record drivers' working and rest times. These tachographs must be installed in new vehicles and gradually retrofitted into older trucks.
Previously, second-generation tachographs were required only in newly registered vehicles. However, from December 2024, fifth-generation tachographs must also be installed in older vehicles involved in international transport.
Mobility Package – Changes in Regulations
In 2024, the Mobility Package introduced several significant changes to road transport regulations in the EU to improve efficiency, safety, and working conditions for transport operators. One of the key reforms is the requirement for drivers to return to their home country at least once every four weeks to enhance their rest periods and working conditions.
Additionally, tachograph regulations have been tightened, introducing new rules for recording working and rest times, which will automatically register border crossings. These tachographs aim to better monitor compliance with daily driving and weekly rest regulations.
The Mobility Package also updated market access rules to increase competitiveness and eliminate unfair competition among transport operators.
New regulations will impact the transport industry, requiring companies to adjust their operations to changing laws while also improving working conditions for drivers and enhancing road safety.
Examples of Penalties in the Mobility Package
The new international road transport regulations include penalties for drivers and transport operators, which could have serious consequences for transport businesses.
Penalties for Drivers
The new rules impose strict penalties on drivers who fail to comply with the Mobility Package regulations, including:
-
Failure to take weekly rest outside the vehicle – Drivers must take regular weekly rest outside the truck, such as in a hotel or other appropriate accommodation. Non-compliance may result in fines of up to €2,000.
-
Exceeding permissible driving hours – Drivers cannot exceed the legally defined driving time. Violations can lead to fines ranging from €500 to €2,000, depending on the severity of the offense.
These penalties aim to improve road safety and working conditions for drivers, who were often forced to work beyond their limits.
Penalties for Transport Operators
Not only drivers but also transport companies face severe sanctions for violating Mobility Package regulations. Examples include:
-
Incorrect driver wages – Transport companies must pay drivers in accordance with the regulations of the country where transport is carried out. Failure to do so may result in fines of up to €3,000.
-
Cabotage violations – Cabotage, meaning domestic transport operations within another EU country, is strictly regulated. Violations, such as exceeding the allowed number of cabotage operations, can result in fines of up to €10,000.
These new regulations aim to prevent unfair competition and ensure better working conditions in the transport sector. The imposed penalties force companies to monitor regulatory compliance carefully to avoid high fines and potential legal issues.
FAQ
What is the Mobility Package?
The Mobility Package is a set of changes introduced by the European Parliament and implemented by member states to standardize working conditions for international drivers. It includes regulations on working hours, breaks, rest periods, per diems, lump sums, and driver posting rules.
What is cabotage?
Cabotage refers to the transport of goods within a country by a carrier based in another country. Its main purpose is to reduce transport costs and minimize empty trips.
Is a driver on a business trip?
A driver performing international road transport tasks is not considered to be on a business trip under Article 77(5) § 1 of the Labor Code of June 26, 1974.
How to comply with the Mobility Package?
Under the package’s regulations, a driver’s work must be scheduled so that they can take a regular weekly rest every four weeks at their base or home.
How does the Mobility Package impact the road transport sector?
The Mobility Package introduces stricter enforcement of driving and rest periods, ensures better working conditions for drivers, and sets fair competition rules for transport companies operating across EU member states.
What are the key rules regarding regular weekly rest periods?
Drivers must take a regular weekly rest period of at least 45 consecutive hours. This rest cannot be taken in the vehicle and must be spent in suitable accommodation with adequate facilities, which the employer must cover.
What are the main rest time rules for drivers?
The Mobility Package enforces existing EU rules that require drivers to take a daily rest of at least 11 hours. Split rest periods are allowed under specific conditions, and rest breaks of at least 45 minutes must be taken after 4.5 hours of driving.
How does the second-generation smart tachograph improve compliance?
The second-generation smart tachograph automatically records location data, driving times, and border crossings. It helps enforcement authorities check compliance with EU regulations more effectively and reduces manual data entry for drivers.