The new Mobility Package (MP) rules regarding posting in road transport that came into force in 2022 have finally been introduced in Italy on March 21, 2023. The main changes are related to the obligations of carriers and drivers, the documents that must be carried on board, and the fines for non-compliance. In this article, we will go through the main points of the new regulations in Italy.
POSTING DECLARATION AND INFORMATION
One of the most important changes concerns the posting declaration. Under the new MP rules, the carrier which is established in the European Union (EU) or United Kingdom must send the posting declaration via the Internal Market Information system (IMI) at the latest at the beginning of the posting. This rule has now been transmitted to the Italian legislation as well. The carrier must provide a list of necessary information when submitting the declaration, which must also be updated within five days from the date of change.
OBLIGATIONS OF CARRIERS AND DRIVERS
The new regulations impose obligations on both the carrier and the driver. The carrier must ensure that the driver has the necessary documents and complies with the posting declaration requirements. The driver and carrier must ensure that the driver has a copy of the IMI declaration, CMR papers, and tachograph data on paper or electronically inside the cabin. They both must also provide the police and the Labour Inspectorate with the required documents within eight weeks in case of a control. Important: the contractor or subcontractor is obliged to check that the carrier has fulfilled its obligations.
The new rules also apply to third-country carriers, but they must send declarations via the usual Italian system. This means that the posting situation is not only related to cabotage operations but also to cross-trade operations carried out by third-country carriers. In case of an inspection by the Labour Inspectorate, they are obliged to provide all requested documents by email.
The new rules do not apply to drivers posted by Temporary Work Agencies (TWA), except for some specific rules regarding the posting declaration (they must submit posting declarations via the usual Italian system as well as via IMI). A driver is not considered posted when performing transit or bilateral operations, even when part of a combined transport or additional operations to bilateral transport, as described in the Mobility Package directive. Only drivers with a smart tachograph can be exempted from posting rules.
The new regulations also come with fines for non-compliance. Failure to make the posting declaration or carry the required documents on board can result in fines ranging from 2500 to 10,000 euros. Fines for incomplete or incorrect information range from 1000 to 4000 euros.
In conclusion, the new regulations on posting in road transport in Italy will likely increase the number of controls in Italy regarding the MP directive. It is essential for carriers and drivers to understand these new rules to avoid penalties and ensure compliance.