Unification of the rules for the posting of drivers within the EU from February 2022

Let´s have a look at summary of the changes concerning the posting of drivers in the road haulage sector within the EU since February 2, 2022.
The amendment to the Law on the organization of working time in transport, which will enter into force on 2 February 2022, will take over the European directive (EU Directive 2020/1057) of 15 July 2020, which regulates the rules in relation to the directives on the posting of road transport drivers.
This will ensure the implementation of the European regulation on minimum requirements for maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods, as well as tachograph positions.

According to the approved changes, international traffic in transit through the territory of a Member State does not constitute posting. The regulation also determines which transport activities are exempted from the posting rules, in particular in relation to bilateral shipments between EU Member States.
Cabotage transport (passenger or freight road transport between two places in the territory of the same state by a carrier who does not have a permanent residence in it - natural person or registered office - legal person) will be considered as posting.
Information and posting documents will be exchanged through the Internal Market Information System, which is already used for cooperation between the Member States of the European Union and the European Commission.

Employers will be required to post staff in the field of road transport, in particular the notification of posting and the provision of appropriate documents to drivers, which may be checked in the Member States of the European Union.
One of the changes from 2 February 2022 will be that the employer will have more freedom in scheduling the driver's working hours, he will have to set a break for him at the latest after 4 hours, but he can also do so much earlier.
The employer may not schedule the weekly working time to the employee in transport (in general, i.e. in any type of transport) to exceed 60 hours. He must notify him of this schedule at least one week in advance.
An employer who organizes the work of drivers in such a way that they are unable to comply with working hours, driving time, on-call time, breaks at work, or daily or weekly rest periods, or regulations on the use of recording equipment may be fined from € 1,659 to up to € 16,596.

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