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.
Content
Documentation of border crossings
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!
New posting regulations
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.
- Legal basis: Directive (EU) No. 2020/1057
Addition to the cabotage regulation
As of 21.02.2022, a “cooling-off period” of 4 days must be respected after the cabotage workload has been exhausted.
- Legal 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
Obligation to return vehicles
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.
- Legal basis: Article 5(1b) of Regulation (EU) 2020/1055
- Valid from: 21.02.2022
Authorisation requirement for vehicles over 2.5t in cross-border freight traffic
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.
- Legal 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
Authorisation requirement | ||
|---|---|---|
Platzhalter | National transportation | cross-border freight traffic |
Vehicles <=2,5t | ||
Vehicles >2,5t und <=3,5t | (as of 21.05.2022) | |
Vehicles >3,5t |
Extension of the obligation to keep records to 56 days
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.
- Legal basis: Article 2 ‘Article 7 number 12 of Regulation (EU) 2020/1054; Article 36 of Regulation (EU) 165/2014
- Valid from: 31.12.2024
Tachograph obligation for vehicles from 2.5t in cross-border traffic
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.
- Legal basis: Article 3 (1) of Regulation (EU) No. 165/2014; Article 2 (1) of Regulation (EC) No. 561/2006
- Valid from: 01.07.2026
Next generation (version 2) of the smart tachograph
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:
Smart Tacho Version 1
Smart Tacho Version 2
Obligation to upgrade
Obligation to upgrade
Smart Tacho Version 2
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.
- Legal basis: VO (EU) No. 2021/1228 Annex IC
- Valid from: 21.08.2023 (new vehicles, for further staggering: see timeline)
Summary
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.