After ongoing discussions with the transport sector and the European Commission, the Danish Transport Authority has updated its cabotage guidelines, introducing more flexibility—especially around “empty journeys” (unladen trips).
In this context, Denmark does not entitle the operator to perform cabotage, unless it forms part of a so-called “genuine transport operation”. This means the journey must be part of an actual transport order or be governed by a separate agreement and payment.
Empty Journeys: No More Mandatory CMR for Each One
Until now, Denmark required hauliers to carry a CMR consignment note for every movement, even when no goods were transported. This rule has now been relaxed. Other forms of documentation are now acceptable—as long as they clearly link the empty journey to a transport operation.
Examples include:
- Empty pallets or racks moved as part of a round trip or return system.
- Empty containers or trailers being relocated under a valid transport contract.
When Empty Journey is Not Considered Cabotage
Unladen movements are not counted as separate cabotage operations if:
- They are directly linked to a previous or upcoming cabotage or international delivery, and
- There is proper documentation proving the connection.
Otherwise, they may be treated as standalone cabotage, which counts against the allowed limit (3 operations in 7 days).
"Genuine Transport" Is Key
To qualify as legitimate cabotage, the movement of empty containers, pallets, or packaging must:
- Be part of a paid transport contract, or
- Be linked to a formal agreement (e.g. return systems between companies).
Transport without documentation or payment is not considered valid under cabotage rules.
Examples in Practice
- A truck picking up empty racks after a flower delivery and continuing on with cabotage is fine—if documented.
- Moving empty trailers or pallets before or after a delivery is also acceptable—as part of the full transport flow.
In this contexte, these changes bring Denmark in line with the European Commission’s interpretation of cabotage rules. The industry welcomes the move, as it provides greater legal clarity and flexibility, especially in cross-border operations.
Key Takeaways for Hauliers:
- CMR is no longer strictly required for every empty journey.
- Always document the purpose of empty movements clearly.
- Movements must be part of a broader transport operation to avoid counting as separate cabotage.
- Be cautious: no contract = no valid cabotage.
The Danish Transport Authority illustrates this with several examples:
- Example
A Dutch truck delivers tulips from Groningen to Ribe. It then picks up 50 empty flower racks and transports them to Esbjerg, where cabotage begins – delivering the racks and loading new flower consignments bound for Holstebro. After unloading, the truck returns to the Netherlands. If the carrier can document that the empty racks are part of an intercompany return system, the whole sequence is treated as a single cabotage operation. - Example
A German truck unloads fruit in Odense, then collects 52 empty pallets from a warehouse and drives to Nyborg, where it begins cabotage to Næstved. After unloading, it returns to Germany empty. With appropriate documentation linking the pallet transport to the cabotage operation, the entire activity is deemed a single cabotage operation. - Example
Following international transport from Flensburg to Aarhus, a lorry runs empty to Herning to collect furniture and 10 returnable pallets. Some of the load is delivered in Skanderborg, the rest in Horsens. The entire operation is treated as a single cabotage activity, provided that the connection between the pallets and the transport is documented.
