Posting

Directive (EU) 2020/1057 of the European Parliament and of the Council of 15 July 2020 laying down rules concerning the posting of drivers in the road transport sector (the Directive) enters into force on 15 February 2022. The Directive provides for a single Internal Market Information (IMI) system where the data of the posted driver and the vehicle must be filled in:

• the identity of the carrier, indicating at least the Community licence number (if available);
• the contact details of the transport manager or other contact person in the Member State of establishment who will liaise with the competent authorities of the host Member State in which the service is provided and who will send and receive documents or notifications;
• the identity of the driver, his residence address and his driving licence number;
• the date of commencement of the driver's employment contract and the law applicable to it;
• the expected start and end date of the posting;
• registration numbers of motor vehicles;
• whether the type of transport service carried out is freight transport, passenger transport, international transport or cabotage operation;

What responsibilities and obligations does the carrier have?

Obliging the haulier to ensure that the driver has a paper or electronic form, and obliging the driver to have it available and to produce it when asked to do so during a roadside check:

• a copy of the posting declaration submitted via IMI;
• proof of the transport operation carried out in the host Member State, such as the electronic consignment note (CMR) or the proof referred to in Article 8(3) of Regulation (EC) No 1072/2009;
• tachograph records, in particular the country symbols of the Member States in which the driver was present when carrying out international road transport operations or cabotage operations, in accordance with the recording and record-keeping requirements laid down in Regulations (EC) No 561/2006 and (EU) No 165/2014;
• oblige the haulier to submit, after the period of posting, upon direct request from the competent authorities of the Member State to which the posting took place, via the public interface linked to IMI:
  
  • Copies of CMR documents,
  • documents relating to the posted driver's wages during the period of posting
  • the contract of employment or equivalent document within the meaning of Article 3 of Council Directive 91/533/EEC ( 21)
  • Time sheets relating to the driver's work and proof of payment.

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• We have many years of experience representing transport companies
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• We are trusted by many European transport companies