Mobility Package – what you need to know

The Mobility Package is the biggest reform of road transport in the European Union in years. The regulations, which will be introduced in stages from 2020, cover the entire functioning of the industry – from the organisation of drivers’ work to technical requirements for vehicles.

The changes are intended to improve working conditions, level the playing field between transport companies and increase road safety. They apply to both large fleets and smaller carriers operating international transport services.

In this article, we explain what the EU Mobility Package is and what rules it introduces. We have included all the most important guidelines that transport companies and drivers operating in the EU should be aware of.

What is the Mobility Package?

The Mobility Package is a set of rules adopted in the form of European Parliament regulations that govern the rules for international road transport within the EU. Their aim is to harmonise standards so that transport companies operate on a level playing field and drivers are provided with better working and rest conditions.

The package includes, among other things:

• regulations on driving and rest times for drivers,
• rules on the posting of drivers and the settlement of their wages,
• regulations on market access, including cabotage and cross-trade,
• technical requirements for the introduction of new generation tachographs.

In practice, this means that all transport companies – both large and small – operating in EU countries must adapt their activities to the new regulations. The Mobility Package has become a fundamental reference point for the transport industry in Europe and an important benchmark for the rules governing the profession of road transport operator.

Objectives of the Mobility Package

The Mobility Package was not created solely as a set of technical regulations, but as a response to the real problems of the transport industry operating in international road transport within the EU. The changes introduced by the European Parliament’s regulations stem from the need to level the playing field and improve safety throughout the Union.

Therefore, the main objectives of the package are:

• improving the social conditions of drivers – introducing transparent rules on working time and regular rest periods,
• ensuring fair competition – reducing cost undercutting by lowering employees’ wages and harmonising the rules for calculating wages in different Member States,
• to increase road safety – through strict control of driving time and rest periods, which reduces the risk of accidents caused by fatigue,
• to harmonise regulations – to standardise the law across the EU in order to avoid local discrepancies that have so far made life difficult for international transport operators.

As a result, the Mobility Package has become not only a set of legal standards, but also a tool of EU social and economic policy. It aims to ensure more sustainable market development and higher labour standards across the road transport sector.

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Who does the Mobility Package apply to?

The Mobility Package covers all entities providing international transport services within the European Union – both large truck fleets and smaller carriers operating with vehicles with a maximum permissible weight of at least 2.5 tonnes. This means that even transport companies using minibuses to transport goods must comply with the new regulations, although some of the obligations will come into force in stages:

• from May 2022, vehicles weighing between 2.5 and 3.5 tonnes used in international transport will be required to have a transport licence and financial security,
  from July 2026, the regulations on tachographs and drivers’ working time will be extended to these vehicles.

The groups covered by the regulations include:

• professional drivers performing official duties in international transport,
• transport operators who must hold an appropriate transport licence and meet the financial security requirements,
• companies providing cabotage and cross-trade transport services, which are subject to specific posting rules,
• carriers operating in bilateral transport, for whom partial exemptions from the new regulations are provided.

In practice, the Mobility Package therefore applies not only to the largest carriers operating on a large scale, but to anyone who provides transport services using vehicles within the European Community. This is a step towards equal treatment of companies operating in the international road transport market.

Changes to drivers’ working time

The Mobility Package has significantly modified the rules governing the organisation of drivers’ working time in international transport. The new rules are intended to protect workers from fatigue while increasing predictability and safety in route planning. At the heart of the changes are detailed regulations on weekly rest periods.

New regulations concerning weekly rest periods

The most important change is the prohibition of taking regular weekly rest periods (minimum 45 hours) in the vehicle cab. The driver must use a hotel or other place with accommodation and sanitary facilities, and the cost is borne by the employer.

Regular and reduced weekly rest periods – rules

In exceptional circumstances, drivers are entitled to take two reduced weekly rest periods in a row (each lasting a minimum of 24 hours instead of 45). This option is only available if these rest periods fall outside the country where the employer is based and outside the driver’s place of residence.

In practice, this means that a driver may, for example, take 24-30 hour rest periods in the first and second weeks, and only in the following week must they take a full 45-hour rest period with compensation for the previous reductions. At least two regular weekly rest periods must therefore be taken within four consecutive weeks.

Flexibility of driving time in exceptional circumstances

In exceptional circumstances, when it does not compromise road safety and the driver is returning to the company’s base or to his place of residence, it is possible to extend the daily or weekly driving time:

• by 1 hour – if the return journey is for a reduced or regular rest period,
• by 2 hours – if the driver has previously taken an uninterrupted 30-minute break.

It should be remembered that such an extension of driving time is possible only as an exception to the rules and is used only in special, incidental situations. Each exception must be documented in the tachograph or on a printout, and the extended driving time must be compensated by a rest period of at least 9 hours, taken within a maximum of three consecutive weeks.

Changes regarding night work and breaks

Under the new rules, at night, a driver may work a maximum of 10 hours between two rest periods. The rules for crews have also been clarified: a driver sitting in the passenger seat may take a 45-minute break, provided that he or she does not assist in driving during that time.

Interruption of rest by ferry or rail

The Mobility Package allows for the interruption of daily rest or reduced weekly rest if the driver is travelling by ferry or rail. The condition is that the driver has a sleeping cabin or couchette at his disposal, which allows him to rest in appropriate conditions.

Such an interruption is only permitted in connection with boarding or disembarking a ferry or boarding or disembarking a train. However, this does not apply to regular weekly rest periods (45 hours), which must be taken in a hotel or other place with accommodation and sanitary facilities, the cost of which is covered by the employer.

The new rules on rest periods and working time are intended to protect drivers from fatigue and increase road safety. At the same time, they require companies to plan their routes better and cover the additional costs of accommodation outside the vehicle.

Posting of drivers and remuneration

The EU Mobility Package has introduced groundbreaking changes to the rules on the posting of drivers and the way their salaries are calculated. The key point is that when working in another country, drivers must be paid in accordance with local rates, which is intended to eliminate social dumping. Importantly, from August 2023, a driver engaged in international road transport will no longer be treated as an employee on a business trip within the meaning of the Labour Code.

Minimum wage and foreign wage in a given country

Drivers performing journeys covered by the posting rules, i.e. cabotage or cross-trade transport, are subject to the minimum wage rules applicable in the country concerned. This means that for the time they work in a given country, they are entitled to at least the same rate as local drivers, and the minimum wage is determined by the regulations in force in that country. The employer can no longer include allowances or flat-rate accommodation allowances as part of the remuneration – they are treated solely as reimbursement of costs.

Exemptions from posting – when does the local wage not apply?

Not all transport operations are subject to the rules on posting and the obligation to apply the minimum wage of the country in which the driver is currently working. These exceptions are of practical importance as they allow transport operators to avoid additional costs in certain situations.

Exemptions

• Transit – travelling through a given country without loading or unloading (e.g. travelling from Poland to Spain via Germany).
• Bilateral transport – transport from the country where the company is based to another EU country or back to the country where the company is based. Even if the driver performs a maximum of two additional loading or unloading operations in transit countries along the way, the transport is still considered bilateral and is not subject to local minimum wage rates. These two operations may take place in the same transit country or in two different transit countries.

IMI system – reporting the posting of drivers

From February 2022, every carrier must report postings in the IMI (Internal Market Information) system. Drivers should carry a copy of the posting notification with them – this can be an electronic document with a QR code, which facilitates verification during checks. Failure to report may result in severe financial penalties.

The changes introduced in the Mobility Package (minimum wage, foreign wage and the requirement to report drivers in IMI) guarantee greater transparency of the rules governing drivers’ remuneration and better protection against underpayment. As a result, working conditions become more predictable and drivers can count on fair treatment regardless of the country in which they perform their duties.

Cabotage, transport licences and financial security

The Mobility Package introduced more restrictive rules on cabotage transport and requirements for transport licences and financial security. These changes were aimed at reducing unfair competition and levelling the playing field for transport operators in different EU Member States.

New limits on cabotage

A driver may perform a maximum of three cabotage operations within seven days in a single country. After completing these operations, there is a four-day cooling-off period during which the same vehicle may not perform further cabotage operations in the same country.

This solution prevents the permanent presence of foreign carriers on local markets and protects domestic transport from unfair price competition.

Transport licence and financial security

From May 2022, the obligation to hold a transport licence and meet the requirements for financial security has been extended to smaller transport companies using vehicles with a GVW of 2.5 to 3.5 tonnes for international transport within the EU. The required security is €1,800 for the first vehicle and €900 for each additional vehicle.

The new cabotage and licence requirements have streamlined market access rules, eliminating operators who act unfairly or without adequate financial security. This has made the international transport market more predictable and stable, which benefits companies that operate in accordance with the law.

Tachographs and new technical requirements

The Mobility Package imposes an obligation to use modern recording devices – second-generation smart tachographs (G2V2). This is one of the most important tools for monitoring compliance with working time and posting rules. It is in this area that some of the most significant changes in the Mobility Package have been introduced, which will gradually cover all vehicles engaged in international road transport within the EU.

Second-generation smart tachographs – how are they different?

The new G2V2 tachographs introduce a number of improvements over older models. They automatically record border crossings using GNSS, saving additional location points along the route. Drivers can enter loading and unloading data, and control services can read information remotely without stopping the vehicle.

The devices have greater memory capacity, better tamper-proofing, remote software update options and additional reporting functions. As a result, second-generation tachographs increase billing transparency, facilitate fleet management and reduce the risk of regulatory violations.

Mandatory replacement of analogue and digital tachographs

The package provides for the mandatory use of new devices in vehicles engaged in international transport. The changes are being introduced in stages:

• from 20 August 2023 – all newly registered vehicles must be equipped with G2V2 tachographs,
• by 31 December 2024 – replacement of analogue and older digital (G1) tachographs in vehicles engaged in international transport,
• 1 January – 28 February 2025 – a transition period during which drivers were instructed and educated on the need for replacement, without fines being imposed,
• by 20 August 2025 – replacement of first-generation smart tachographs (G2V1),
• from 1 July 2026 – obligation to install G2V2 in vehicles with a maximum permissible weight of 2.5–3.5 tonnes engaged in international transport.

It is worth noting that older vehicles used exclusively for domestic transport may continue to use analogue and first-generation digital tachographs (G1), provided that these vehicles do not leave the country.

New functionalities and extended checks

From 2025, drivers must present data from the tachograph for the last 56 days (previously 28). Until G2V2 is fully implemented, manual entries of the country after crossing the border are still required – at the first safe stop.

Thanks to the new tachograph features, transport checks have now become more detailed and at the same time less burdensome, as part of the verification is done remotely. For transport companies, this means the need to invest in equipment, but also greater certainty that they are operating in accordance with the applicable regulations.

The new tachographs are not only a legal requirement – they are also a tool that facilitates the control of drivers’ working time, the monitoring of transport operations, and improves the transparency of settlements related to the posting of drivers in different EU Member States.

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Return of the driver and vehicle – how have the regulations changed?

One of the most discussed topics within the Mobility Package is the obligation to organise the return of drivers to their place of residence or company base and the rules for the return of vehicles to the country where the company is based. These changes are intended to ensure that drivers do not spend many weeks on the road without contact with home and that companies actually operate in the country of registration.

Mandatory return of the driver to their place of residence or base

Every driver performing international transport duties must be able to return to their place of residence or company base at least once every four weeks. During this time, they should take advantage of regular weekly rest periods.

This obligation rests with the employer, who organises the work in such a way as to enable the driver to return. All costs related to accommodation outside the cab and the return itself are covered by the company. Furthermore, the entrepreneur must keep records confirming compliance with this requirement and store them at the company’s headquarters so that they can be presented during any inspection.

Return of the vehicle every 8 weeks – change following the ruling of the Court of Justice of the EU

The regulations initially required the vehicle to return to the country of establishment once every 8 weeks. However, this solution was criticised, among other things, for increasing the number of empty runs and contradicting the objectives of the European Green Deal. As a result, in 2024, the Court of Justice of the EU invalidated this obligation.

Currently, vehicles no longer have to return every 8 weeks, but carriers are still required to conduct actual and continuous operations in the country of registration. This means that they must have an operational base with a sufficient number of parking spaces, actually manage their fleet from their country of establishment, and maintain a good reputation. A prolonged absence of vehicles from the country may be treated by the supervisory authorities as an indication of a lack of such activity.

What does this mean in practice?

The new regulations require careful planning of routes and schedules so that drivers can not only deliver their cargo to its destination, but also return home regularly. This is an important element in ensuring working standards, road safety and transparency of transport companies throughout the European Union.

Penalties and sanctions under the Mobility Package

The regulations introduced under the Mobility Package are strictly enforced, and violations are subject to heavy penalties for both drivers and transport companies. The aim of the penalty system is not only to discipline market participants, but also to ensure fair competition and increase road safety throughout the European Union.

Penalties for drivers

Drivers must comply with the rules on driving time, rest periods and the correct use of tachographs. Violations such as failure to enter the country after crossing the border, taking regular rest breaks in the cab or exceeding the permitted driving time can result in fines of up to several thousand euros, depending on the country and the severity of the offence.

Penalties for transport companies

Transport companies are responsible, among other things, for holding the required licences, correctly reporting the posting of drivers and paying wages in accordance with the local minimum wage. Violations in these areas are subject to penalties, which in individual countries can range from a few thousand to tens of thousands of euros. The most serious offences, such as tampering with tachographs or persistent violations of regulations, can result in the loss of good reputation and the revocation of the transport licence.

The system of penalties and sanctions under the Mobility Package has been designed to compel the entire transport industry to comply with the applicable regulations. The severe consequences are intended to eliminate social dumping, improve drivers’ working conditions and increase road safety throughout the European Union.

Summary

The Mobility Package is the biggest change in European road transport in recent years, affecting both drivers’ working hours and the rules governing transport companies. The new regulations include, among other things, regular weekly rest periods, the obligation for drivers to return to their place of residence on a regular basis, rules on the posting of drivers and the obligation to replace tachographs with second-generation smart devices.

Although the implementation of the regulations involves costs and new obligations, their aim is to improve working conditions, ensure fair competition and increase road safety throughout the European Union. For those who adapt quickly, the Mobility Package can be an opportunity to strengthen their position in the transport industry and build a competitive advantage for the future.

Frequently asked questions (FAQ)

Is the Mobility Package still in force?

Yes, the Mobility Package is in force and its provisions are being implemented in stages until 2026. The latest changes mainly concern the replacement of tachographs and the obligations of companies involved in international transport within the European Union.

What does the Mobility Package offer?

The package is designed to ensure better working conditions for drivers engaged in international transport within the European Union and a level playing field for transport companies. By raising standards for drivers’ working hours, it contributes to increased road safety.

How much does a driver earn under the Mobility Package?

Under the Mobility Package, drivers receive at least the minimum wage applicable in the country where they work. In practice, their salary is often higher, as it also includes allowances, seniority and conditions specified by the employer.

When should analogue tachographs be replaced under the Mobility Package?

Analogue tachographs had to be replaced by 31 December 2024 in vehicles performing international road transport within the European Union. From 1 January 2025, all such vehicles must be equipped with second-generation smart tachographs (G2V2). Failure to replace them is considered a serious violation and carries the risk of heavy fines during inspections.