Joint inspections organized by ELA
How are the new rules on the posting of drivers are checked actually on the road? Are you in compliance with the Mobility Package and the lex specialis concerning the posting of drivers?
Move Expert receives a large number of calls and requests, as was the case for example from Romanian hauliers during the day’s inspections June 6 to 8 in Belgium.
Many of our clients were checked according to the new posting rules for drivers, especially in terms of driving time and rest time, return of the driver to his home.
The penalties in Belgium for non-compliance with the newly imposed obligation to organise drivers’ working time and the return home of the drivers every 4 weeks are relatively high, up to EUR 2 750.
During the roadside inspection, do not forget to keep the documents proving the driver’s return to base.
In this context, Move Expert clarifies this obligation, how to prove the return of the driver?
While the driver may choose his resting place, he cannot release the employer from his obligations to organize the work allowing the regular return to “home”.
If the driver does not express a choice between these two possibilities, the proof in this case would be an invitation from the employer (e-mail, sms, internal planning).
As for the explanations of the EC, the driver may choose a place of rest, but there is no possibility to exempt the employer from the obligation to organize the work for the return to the “home”, either to his place of residence or to the employer’s operational center.
How to prove the return to the operational center of transport or place of residence?
The Commission also clarifies the question of how the carrier can prove that it has arranged the work so that the driver has the opportunity to return to the so-called base.
Transport companies can use it for this purpose:
– Tachograph records,
– driver’s duty roster
– or other documentation to prove compliance with the obligation to organize the return of the driver; (such as tickets or any other proof of the other travel arrangements, e.g. minibus provided by an employer).
The carrier must keep these documents on its premises and present them to the control authorities upon request.
As indicated by the European Commission, the driver should not be required to have such documents, nor should he be required to have documents concerning the place of regular weekly rest.
Tachograph records should be kept for 12 months; other documents relating to working time should be kept for the period of 24 months.
What focus for the joint inspections organized by ELA?
As we can observe in the work agenda of the European Labour Authority, this year 2022 is dedicated to actions and inspections in the field of transport. The ELA strongly encourages all Member States to
engage in joint inspections, which is the result of the joint inspection program that took place from 6 to 8 June, in coordination with the Belgian authorities (supported by the European Labour Authority in Zeebrugge) and the Bulgarian authorities. As reported on the ELA website, the roadside inspections were carried out under the direction of the Belgian Labour Prosecutor and the goals was on fight against social dumping. Among other things, the inspectors checked the application of the Mobility Package, i.e. the new rules for the assignment of drivers in the road transport sector.
During the days of operation, as indicated by the ELA, the inspectors checked, in particular, the compliance with the general rules on driving times and resting periods, the use of the tachograph, maximum load, violations against rules on wages and working time.
More than 100 drivers were checked for irregularities in the observance of their weekly rest period. Approximately 101 infringements related to working and resting time rules and 32 offences related to the use of the tachograph.
Also, false driver certificates, false cards and false driver cards were discovered. The officials issued a total of 106 official reports. An amount of 189,400.00 EUR was immediately collected for the 101 fines issued.