Margareta Przybyla

EU Public Affairs Advisor, Expert in EU road transport legislation
Posting scenarios explained: cross-trade operations

Posting scenarios explained: cross-trade operations

The lex specialis Directive 2020/1057 lays down specific rules on posting in the transport sector. It distinguishes between types of transport operations to which rules on posting should apply and those not covered by posting regime. As explained in the Questions and Answers on posting of drivers under Directive (EU) 2020/1057 in the context of…

European Commission has revised its guidelines on the obligatory return of the vehicle

European Commission has revised its guidelines on the obligatory return of the vehicle

Obligatory return of the vehicle each eight weeks to one of the operational centres in the Member State of establishment has entered into force on 21 February 2022. In order to secure harmonised understanding and enforcement of this obligation, the European Commission published a Q&A document. On that occasion Move Expert has prepared a detailed…

ERRU: Enforcement of road transport rules in the EU

ERRU: Enforcement of road transport rules in the EU

In order to secure effective enforcement of rules within the road transport of goods, there is a need for common rules as well as exchange of information on road transport operators between competent authorities from all Member States. In the EU, exchange of information is possible via the European Registers of Road Transport Undertakings (ERRU),…

Posting of drivers to UK – what rules apply?

Posting of drivers to UK – what rules apply?

Posting of drivers to UK Posting of drivers to UK raises still a lot of questions as UK is neither Member of the EU nor an ordinary third country. Its relations with the EU are governed by the EU-UK Trade and Cooperation Agreement (TCA), which to a wide extend regulates road transport between these two…

Obligation to keep A1 form in the vehicle

Obligation to keep A1 form in the vehicle

Obligation to keep A1 form in the vehicle Are drivers obliged to keep A1 forms in the cabin of their vehicles while carrying out international transport operations? This question has been asked repetitively, especially by transport operators who send their drivers to France and Austria, but checks are also carried out in Germany and Italy….

Posting of drivers via temporary

Posting of drivers via temporary

The scope of the lex specialis Directive covers drivers that are posted on the territory of EU Member States directly via transport operators that provide transport services to another independent party. As a result, intragroup posting as well as posting of drivers via temporary work agencies are excluded from lex specialis and governed by the…

Rules on remuneration of posted drivers

Rules on remuneration of posted drivers

Specific rules on remuneration of posted drivers While posting workers to another Member State employers are obliged to apply a clearly defined set of terms and condition of employment in place in the receiving country. These terms and conditions of employment are laid down in the Member State where the work is carried out by…

Application of new posting rules to LCVs

Application of new posting rules to LCVs

Application of new posting rules to LCVs- situation in France As a general rule, since 2 February 2022 transport operators are subject to new legislative measures on posting, including administrative requirements in case of control and the obligation to register posted drivers in the IMI system. The lex specialis Directive 2020/1057 does not differentiate directly…

IMI vs national registration system

IMI vs national registration system

IMI registration or national registration systems – what prevails in countries, who have not transposed yet the lex specialis Directive? Despite the fact, that Member States were obliged to transpose the lex specialis Directive 2020/10571 by 2 February 2022, only few of them have done so. To our knowledge so far only France, Denmark, Spain,…

Long-term posting of drivers

Long-term posting of drivers

Do provisions on long-term posting of drivers apply to the transport sector and do periods of posting of drivers registered in IMI system cumulate? Move Expert is receiving a large number of enquiries, especially from Romanian carriers, concerning the period of posting of drivers to be registered within the IMI system. Some operators fear, that while registering drivers…