FTA Ireland continue to Lobby on key points such as rest in the cab; operator licencing for Van operators, change in Cabotage rules.
FTAI IRELAND POLICY
EU Mobility Package(s)
The EU Mobility Package is a set of legislation that aims to create consistent and easily enforceable standards supporting driver safety, fair competition, sustainable business practices and other improvements to the transport industry throughout the EU. Mobility Package-i
Mobility Package 1 includes New rules for the EU road transport sector including changes to access to markets, cabotage, posting of workers, Driving & Rest times and operator licensing issue.
The EU Mobility Package 2 known as Clean Mobility is the second mobility package that centers on the environmental impact of the transport industry throughout the EU. With a specific focus on passenger road transport (e.g. bus and coach market), initiatives will revolve around electrification, CO2 standards and specific regulations for market access. The package will create targets that are to be reached between 2025 and 2030.
- Posting of Workers.
New posting regulations entered into force on 2 February 2022 for drivers carrying out international operations. Our new member briefing note can be found here
The key objectives are to streamline and simplify the various posting rules that exist across each country in Europe, create a set of minimum standards and standardize the administrative requirements for posting workers across Europe.
- A “posted driver” means a driver who, for a limited period, carries out his or her work in the territory of a member state or third country other than the member state in which the driver normally works.
- A posting shall be considered to start when the driver enters the territory of another Member state for loading or unloading of goods and to end when the driver leaves the territory of that member state. Postings can be from one day to six months (after which they must be reposted).
There is an obligation on the operator to pay drivers at least the full minimum wage applicable in each member state while they are working there.
Drivers must now register border crossings on digital tachographs.
Please view our member briefing on posting of workers here: https://youtu.be/JBccdT4DEgY
- Crossing of Member State Borders
‘Under regulation 2020/1054, which updated some sections of EU 561/2006 and EU 165/2014 paragraph (29) states that in vehicles which are not equipped with smart tachographs, the crossing of Member State borders should be recorded in the tachograph at the nearest possible stopping place at, or after, the border.
Paragraph (30) states that the recording of activities on the tachograph is an important part of drivers’ work.
Therefore, it is crucial that drivers are provided with appropriate training on how to use new features of tachographs which are being introduced on the market.
As employers, transport undertakings should bear the costs related to this training’.
This means that since 2 February 2022 drivers must record international border crossings on their tachograph record; if a vehicle’s digital tachograph does not record border crossings automatically, drivers must do it manually as set out in the Tachograph Regulations of the Mobility Package.
The driver should note the time of the crossing at the beginning of the driver’s first stop after crossing the border as close to the border as possible; if the border was crossed while travelling on a ferry or a train, he/she must record it at the port or station of arrival.
Drivers driving a vehicle equipped with an analogue tachograph have had to do the same since August 2020.’
- Operator License Requirements
Changes applicable from 20 February -2022 – ‘core business documents’ must be available at premises in the member state of establishment which can be accessed by enforcement officers
The rules concerning establishment have been tightened up. This is intended to combat instances where vehicles are operating in a member state whilst the control of the business is conducted from another state.
Changes in 2011 aimed to define how much of a central controlling presence an operation must have in a member state to be considered to be ‘established’. These identified certain ‘core business documents’ which must be available at premises in the member state of establishment which can be accessed by enforcement officers. These included:
- Accounting documents
- Personnel management documents
- Driving and rest time
The new requirements build on this list, not only to tighten the onus of establishment, but also to aid in the enforcement of other areas on which the new regulation focuses:
- Transport contracts
- Documents relating to vehicles at the disposal of the undertaking
- Labour contracts
- Security documents
- Documents containing data on the dispatching and posting of drivers
- Documents containing data relating to cabotage
- Cabotage Changes
From February 21 there will be a 4-day cooling-off period after 3 permitted operations in 7 days, during which the operator can’t perform cabotage again in the same EU country with the same vehicle.
- Van Operator License
Road Transport Operator Licensing for Light Commercial Vehicles involved in International Transport Operations
New EU operator licensing requirements are being introduced from May 2022 that have significant consequences for some operators of Light Commercial Vehicles (LCVs). It is important that all affected operators are aware of the new requirements outlined below and make arrangements to comply with them.
Under EU Regulation 2020/1055 which comes into force in February 2022, operators who engage in international road transport operations for hire or reward using LCVs with a maximum permitted weight above 2.5 tonnes must hold an operator license from 21 May 2022.
This development will bring a range of vehicles into the scope of operator licensing for the first time, for example large vans used for international hire or reward operations. The new licensing requirement applies regardless of the size of the transport undertaking; it affects both operators of fleets and individuals operating a single van for international transport operations.
Operators who are new to the licensing regime will have to take steps to ensure that they are able to meet the requirements.
The new requirement for an operator licence is NOT applicable to the following:
- LCVs that are used for hire or reward operations solely within Ireland
- LCVs that are not above 2.5 tonnes maximum permitted weight
- LCVs that are not used for hire or reward operations, e.g. , suppliers transporting their own goods, tradespeople carrying their equipment
Operators of LCVs with a maximum permitted weight above 2.5 tones who use their vehicles for hire or reward internationally will have to apply to the Road Transport Operator Licensing Unit of the Department of Transport for an international Road Transport Operator License, which must be obtained by 21 May 2022.
In order to obtain a Road Transport Operator License, affected LCV operators will need to demonstrate that they meet a number of conditions, including:
- Good Repute
- Financial Standing
- Professional Competence
- In relation to the requirement of good repute, license applicants must undergo Garda vetting and complete a self-declaration form. Operators must also hold a valid tax clearance certificate.
- To meet the financial standing requirement, license applicants must demonstrate that they have capital and reserves of at least €1800 for the first vehicle to be authorized under the license and €900 for each additional vehicle.
- Applicants must also have an effective and stable establishment in Ireland, including premises with appropriate parking spaces and facilities, where the core business documents are accessible.
- To satisfy the requirement of professional competence, license applicants must have a nominated Transport Manager who has the required Transport Management Certificate of Professional Competence (TM CPC). If the applicant does not themselves have the TM CPC qualification, they may contract in the services of a qualified Transport Manager.
Applicants who have continuously managed an LCV-only transport undertaking for a period of 10 years or more leading up to 20 August 2020 may apply for an exemption from the TM CPC examination. An application form for this exemption will be available from the Road Transport Operator Licensing Unit (firstname.lastname@example.org) on request.
Applications for the licensing of LCVs engaged in international transport will be open by 1st March 2022 so that operators can make a timely application in advance of the applicable date of 21st May 2022.
If operators wish to clarify any aspect of the new LCV licensing requirements, they may contact the Road Transport Operator Licensing Unit at email@example.com.