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Update on the EU mobility package


New policies regarding the EU road sector are set to be implemented. These regulations will have a significant impact on UK truckers operating in the EU post-Brexit


Whilst the UK’s recent relationship with the EU has been almost exclusively dominated by the Brexit negotiations, within the Union new policies significantly impacting on the road sector have been debated and are due to be implemented. These regulations will have a significant impact on UK truckers operating in the EU in a post-Brexit environment. Within the EU, the debate lasting two-and-a-


half years regarding the Mobility Package has been acrimonious, mainly between western member states such as the Netherlands and Germany on the one hand, and the eastern member states on the other. The latter, who dominate the trucking market, have resisted restrictions that would limit their ability to provide road services throughout Europe. Various suggested compromise agreements have failed to gain sufficient support for them to be implemented. However, on 11 December the council’s permanent representatives committee (Coreper) approved the Mobility Package which


February 2020


covers the following key areas: • Drivers’ working conditions, • Special posting rules for drivers in international transport,


• Access to the haulage market, • Improved enforcement.


BIFA’s reaction BIFA’s initial reaction is that the new rules are complex and that they will have to be studied in depth to fully understand their impacts. From reading the documents, the Union is clearly frustrated at member states’ inconsistent approach to enforcing the current rules and not exchanging information with other EU countries, particularly regarding issues such as enforcement. Also, there is a recognition that international


road haulage does have certain unique characteristics and that the new rules should not over-burden the operators who are predominantly small enterprises. Whether the latter aim has been achieved remains to be seen.


There are interesting initiatives such as the


increased commitment to provide safe and secure parking areas. The Commission will be required to develop standards that will be audited on a regular basis to ensure that these are maintained.


Rest rules The rules regarding maximum work and minimum rest times for drivers remain unchanged. However, there is a degree of flexibility introduced in the organisation of work schedules which aims to allow drivers to spend more time at home. Drivers will have the right to return home every three or four weeks, depending on their work schedule including rest periods. Additionally, a requirement to return vehicles to the country of establishment every eight weeks has been introduced. This will prove to be controversial because it is argued that it is likely to increase empty running, which is not environmentally sustainable. The draft amended regulations confirm that


the regular weekly rest period (at least 45 hours) must be spent outside the vehicle. If the rest period is taken whilst the driver is taken away from home, the employer is responsible for paying for it. Also, the regulations, stipulate that the weekly rest period cannot be taken in a parking area, which makes the commitment to creating a network of safe and secure parking areas with attached suitable accommodation all the more relevant to ensure the successful implementation of the new proposals. Regarding the rules on transport operations undertaken in a national market outside a transport operator’s own country (cabotage), the


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