Feb 11 Mobility Package 2022

Mobility Package is the English term for a new EU mobility package that applies to the entire road transport sector throughout Europe. The first proposals for this major reform of European road transport were already made in November 2017. The final proposal, entitled MP 1, was submitted on July 8, 2020 and finally entered into force on July 31, 2020.

The aim of this mobility package is to unify all rules and create good working conditions for all drivers. In this package we find adjustments and new rules that relate to, among other things, driving and rest times, working hours, registration and permits. This simplifies controls and any violations are registered in the European Register of Road Transport Companies (ERRU).

Because not all changes can be implemented in the law at once, a timeline of several years was chosen.

Who do these rules apply to?

'Chain liability' is an important part of this new mobility package. It is therefore not only the transport company that must be aware of the new rules and ensure that they are implemented. The driver and even the client should also ensure that all requirements are met and that working conditions are good.

Mobility Package 2022 compared to 2021

From February 2, 2022, border crossings must be registered manually by the driver by entering the country code in the tachograph. This must be on the border or in a nearby parking lot. If the border is crossed on a boat or in a train, the country code should be recorded upon arrival at the port or station. If the truck is already equipped with the 'smart' tachograph SMT2, the country code is automatically registered. The SMT2 will be mandatory for new vehicles from August 21, 2023. The maximum working time may not exceed 60 hours per week.

From February 2, 2022, new rules also apply to posted drivers. The posting declarations of all European Member States are now the same and must be submitted in the Internal Market Information System (IMI). Therefore, no deviating requirements may be imposed.

When it comes to cabotage, a 'cooling off' period of 4 days is mandatory from February 21, 2022. If the driver is going to drive, there must be a consignment note available to demonstrate that it is not a cabotage trip. Pre- and post-transport also now falls under the cabotage regime, but the various European Member States are allowed to deviate from this.

The burden of proof during inspections has been relaxed slightly. If a driver does not have the correct papers with him, he may contact the transport company to provide additional information.

Another major change is the requirement that a transport company or transport company must actually be established in the European Member State of origin. In practice, this means that there should be a building and that clear administration is available. The company is registered in the trade register, has a VAT identification number and pays taxes. The number of vehicles and drivers should match the transport activities. The permit limit for international transport within the EU on May 21, 2022 has been reduced to 2.5 tons. However, for Dutch legislation this remains 500 kg.

Finally

Not all parts of MP 1 have yet been fully developed by the European Commission. The implementation of the various parts of the law will also take some time. In the Netherlands this will probably be mid-2022. The fact is, however, that registration is changing and that the working conditions of all drivers within European road transport are being improved.