The EU Mobility Package - Important regulations and changes from 2022 onwards

The EU Mobility Package - Important regulations and changes from 2022 onwards

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.

Tacho instruction border crossing

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.

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.

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.

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.

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.

Tachograph obligation for vehicles from 2.5t in cross-border traffic

From 2026, vehicles of 2.5t and above 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.

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:

15 June 2016

Smart Tacho Version 1

15 June 2016
21 August 2023

Smart Tacho Version 2

Obligatory for all new vehicles > 3,5t
21 August 2023
31 December 2024

Obligation to upgrade

In cross-border traffic, all vehicles with analog/digital tachographs must be retrofitted to Smart Tacho Version 2.
31 December 2024
21 August 2025

Obligation to upgrade

In cross-border traffic, all vehicles with Smart Tacho Version 1 must be retrofitted to Smart Tacho Version 2.
21 August 2025
01 July 2026

Smart Tacho Version 2

Obligatory for LCV (ab 2,5t) in cross-border traffic
01 July 2026

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.

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 from 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.

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