Annika Nestler
The mobility package is intended to
❯ fight illegal cabotage,
❯ prevent tachograph manipulation and
❯ improve the control of driving and rest times as well as the posting of employees (drivers).
Vehicles > 2.5t will be included in the rules on driving times and rest periods (in cross-border transport) in order to improve drivers’ working conditions and competitive conditions.
The EU’s mobility package is one of the most extensive reforms in recent years for important rules in road transport. We provide an overview of the regulations that will apply from 2022 on and in the coming years.
The measures are intended to counteract negative developments in competition and working conditions in recent years as well as to prevent manipulation of the tachograph. Thus, the EU wants to create conditions for safe, efficient and socially acceptable road haulage in Europe, as well as harmonise regulations in the EU countries and eliminate ambiguities.
The package of measures was passed in July 2020, after more than 3 years of controversial discussions and reluctance from some countries. The most decisive and biggest innovations are certainly the introduction of the Smart Tacho Version 2 as from 2023 and the inclusion of light commercial vehicles (between 2.5 and 3.5t in cross-border traffic) in the tachograph obligation as from 2026.
Some regulations of the mobility package already apply. Here you can find information on the currently valid regulations.
Unfortunately, the legal provisions of the mobility package contain formulations in several points that leave room for interpretation. The EU Commission has published clarifications of some points of the Mobility Package in 2 parts: Interpretative aids
However, this is not legally binding.
Related links: IRU – The European Commission’s Mobility Package
The measure is primarily intended to improve the working conditions of drivers. In Germany, it has already been prohibited since 2017 to spend the regular WRP in the vehicle. Now this also applies EU-wide.
Legislative basis: Article 8(8) of Regulation (EC) No 561/2006
Drivers in cross-border freight transport who work abroad for up to 4 weeks can take two consecutive WRPs during this period. This is intended to reduce the absence of drivers from their place of residence and to call for more efficient route planning.
A new compensation rule also applies here: The compensation from the two reduced WRPs must be taken before the next regular WRP. This is to allow the drivers a long rest period, ideally at home.
Legislative basis: Article 8(6), third subparagraph, of Regulation (EC) No 561/2006
Compensation rule: Article 8(6b), second sentence of Regulation (EC) No 561/2006
In exceptional circumstances, drivers are allowed to exceed the driving time on their way home to their place of residence or place of work. It is permitted to exceed the daily and weekly driving time by up to one hour or up to two hours (in case of a 30-minute break).
Exceptional circumstances are unforeseeable events such as severe weather, a full closure or a strike. Caution: Foreseeable traffic jams due to regularly high traffic volumes are usually not considered exceptional circumstances and should be planned into the tour planning as a buffer. When using the regulation, a tachograph printout must be made and the reason for the exception must be noted. The extension of driving time must be compensated by an equivalent rest break.
Legislative basis: Article 12 of Regulation (EC) No 561/2006
Compensation rule: Article 12(5) of Regulation (EC) No 561/2006
This concerns the extension of the previous regulation by the possibility to also interrupt weekly rest periods by using a ferry or train. The interruption may not occur more than twice and may not exceed a total of one hour.
Legislative basis: Article 9(1) of Regulation (EC) No 561/2006
The new regulation is intended to improve the working conditions of drivers and to avoid longer absences of drivers from their place of residence. It applies to all drivers and is a right! Documentation may include, for example, duty rosters, tickets, receipts for travel arrangements, tachograph records. Riders should be able to spend a regular WRP at their residence at least every 4 weeks.
Legislative basis: Article 8(8a) of Regulation (EC) No 561/2006
Holiday and sickness are now recorded under the “bed” symbol in the tachograph.
Multi-driver operation: The standby time of the co-driver is now recognised as a driving interruption, provided that he does not support the driver while driving and the driving interruption is 45 min.
The craftsmen’s regulation is extended to include the delivery of goods produced by craftsmen.
Cross-border factory traffic for the carriage of goods with vehicles between more than 2.5 and a maximum of 3.5 tonnes, whereby the driver’s main activity must not be driving, is also considered an exception (but only from 01.07.2026).
Amendment to Regulation (EC) No. 561/2006 Article 14: EU countries may now allow exemptions from driving times and rest periods for a period of up to 30 days in the event of exceptional circumstances, even without the consent of the EU Commission.
Further regulations will come into force in the next few years. Our overview shows you what you should prepare for as a transport company.
Entering the country in the tachograph after crossing the border will be mandatory from February 2, 2022. For this purpose, the driver must use the next possible parking option at the border or afterwards. This regulation is aimed at making cabotage more controllable. The Smart Tacho version 2 will automatically record border crossings in the future.
Legal basis: Article 34 (7) of Regulation (EU) No. 165/2014
Valid from: 02.02.2022
ATTENTION: for tachograph discs already since 20.08.2020!
The Posting of Workers Directive regulates that all workers, regardless of which EU country they come from, have the right to the same working conditions as domestic workers in the respective country of deployment. This applies, for example, to cross-border freight transport and cabotage journeys and is intended to enable fair competition and equal pay. Transit journeys and bilateral transports do not constitute posting.
Legislative basis: Regulation (EU) No. 2020/1057
As of 21.02.2022, a “cooling-off period” of 4 days must be respected after the cabotage workload has been exhausted.
Legislative basis: Article 8 paragraph 2a of Regulation (EC) No. 1072/2009; Addition: Article 2 No. 4 letter a of Regulation (EU) 2020/1055
Valid from: 21.02.2022
The regulation aims to prevent vehicles from remaining in other countries, thus committing illegal cabotage. The return cycle of the vehicle is to be synchronized with the return of the driver.
Legislative basis: Article 5(1b) of Regulation (EU) 2020/1055
Valid from: 21.02.2022
Due to a substantial increase of vehicles over 2.5t in cross-border freight traffic, the occupational access requirements shall also apply to these vehicles.
Legislative basis: Article 2 No. 1 Letter b of the Regulation (EU) 2020/1055; Article 1 Paragraph 5 Letter ca of the Regulation (EC) No. 1072/2009
Valid from: 21.05.2022
From 31.12.2024, drivers must carry proof of working, driving, on-call and rest times for the current day and the preceding 56 days for all journeys subject to compulsory recording. This aims at improving the control of weekly rest periods in international road haulage.
Legislative basis: Article 2 ‘Article 7 number 12 of Regulation (EU) 2020/1054; Article 36 of Regulation (EU) 165/2014
Valid from: 31.12.2024
From 2026, vehicles > 2.5t must also have tachographs. This means that drivers of such vehicles will also be required to comply with the regulations on driving times and rest periods. The new regulation intends to correct distortions of competition that have occurred in recent years (keyword: vans with sleeper cabs) and increase road safety.
Legislative basis: Article 3 (1) of Regulation (EU) No. 165/2014; Article 2 (1) of Regulation (EC) No. 561/2006
Valid from: 01.07.2026
From 21.08.2023, all new commercial vehicles over 3.5t must be equipped with a version 2 smart tachograph. There is an obligation to upgrade to the new generation of the Smart Tacho for vehicles in cross-border traffic! You can find the time scale in the timeline:
The new Smart Tacho is also accompanied by new tachograph cards (driver card, company card, workshop card, control card). These will be issued starting in August 2023. There are no plans for the compulsory exchange of driver cards.
Legislative basis: VO (EU) No. 2021/1228 Annex IC
Valid from: 21.08.2023 (new vehicles, for further staggering: see timeline)
The mobility package regulations aim to combat illegal cabotage, prevent tachograph manipulation, improve the control of driving and rest times and the posting of employees (drivers) holistically. How this works out will be seen in practice. An important step is undoubtedly the inclusion of vehicles > 2.5t in the regulations on driving times and rest periods (in cross-border traffic) to improve drivers’ working conditions and create fair competitive conditions.
The new Smart Tacho is also accompanied by new tachograph cards (driver card, company card, workshop card, control card). These will be issued starting in August 2023. There are no plans for the compulsory exchange of driver cards.
Legislative basis: VO (EU) No. 2021/1228 Annex IC
Valid from: 21.08.2023 (new vehicles, for further staggering: see timeline)
The mobility package regulations aim to combat illegal cabotage, prevent tachograph manipulation, improve the control of driving and rest times and the posting of employees (drivers) holistically. How this works out will be seen in practice. An important step is undoubtedly the inclusion of vehicles > 2.5t in the regulations on driving times and rest periods (in cross-border traffic) to improve drivers’ working conditions and create fair competitive conditions.
