On October 4, 2024, the European Court of Justice made a landmark decision for the transport industry - invalidating the regulation requiring mandatory vehicle returns to base every 8 weeks. This controversial Mobility Package regulation, in effect since February 2022, had generated enormous costs for carriers and negatively impacted the environment.
While the requirement for drivers to return every 4 weeks remains in force, transport companies can now plan routes more efficiently, saving up to 11,000 euros annually per vehicle.
If you’re looking for information about changes to regulations regarding international transport drivers returning to base, you’ve come to the right place! In this article, we focus specifically on these changes - read on!
Table of contents
What is the Mobility Package and how does it affect return to base rules?
The Mobility Package is a comprehensive set of EU regulations whose implementation began in 2020 and will continue until 2026. It’s a complete package of regulations aimed at standardizing road transport operations throughout the European Union, including rules concerning mandatory returns to base.
It regulates, among other things, the issue of international transport drivers and vehicles returning to base.
Mobility Package and return to base
The Mobility Package significantly impacts the rules for international transport drivers returning to base. In 2022, regulations came into force that required vehicles to return to base at least once every 8 weeks. Moreover, this base had to be located in the carrier’s country of establishment.
Importantly, this regulation was recently invalidated by the European Court of Justice.
If you want to read more about the Mobility Package, we encourage you to check our article: What does the Mobility Package change? Regulatory changes in European road transport.
Driver return every 4 weeks
It’s also worth noting that since August 20, 2020, carriers must organize driver returns to the operational center in the company’s country of establishment or to the driver’s place of residence. According to Article 8(8a) of Regulation 561/2006/EC, the return must take place at least once every 4 calendar weeks, allowing the driver to take a rest period of at least 45 hours.
It’s worth emphasizing that in special cases, this period may be shortened. If a driver takes two reduced weekly rest periods in a row while abroad, the return should be organized earlier - for the next 45-hour rest period, which typically falls in the third week.
The driver has the right to choose between returning to the operational center or their place of residence. For non-compliance with this obligation, the company is subject to a fine of 150 PLN for each driver affected by the violation.
Now let’s move on to the ECJ ruling.
ECJ ruling and its consequences for the return obligation
On October 4, 2024, the long-awaited ruling of the European Court of Justice was issued in the joined cases (C-541/20 to C-555/20). This landmark decision introduced significant changes to the functioning of the Mobility Package regulations, which the transport industry had been eagerly anticipating.
Invalidation of the vehicle return obligation
The ECJ unequivocally declared the invalidity of the regulation concerning the mandatory return of vehicles to the operational base every 8 weeks. In its justification, the Court stated that “the Parliament and Council did not demonstrate that at the time of adopting this measure, they had sufficient information to assess its proportionality.”
This decision represents a real breakthrough for transport companies, especially those from peripheral EU countries. It eliminates one of the most controversial and costly requirements of the Mobility Package, which forced carriers to organize empty runs just to meet regulatory requirements.
As an interesting fact, before the ECJ ruling, a carrier could receive a fine of 2000 PLN for failing to return a vehicle.
Documentation confirming driver return
Despite the changes introduced by the ECJ ruling, transport companies still must maintain appropriate documentation confirming the proper organization of driver returns. When a driver does not take advantage of the return opportunity, the company should present evidence showing that the return was planned, and not taking it was the driver’s decision.
According to the European Commission’s explanations, the required documentation may include:
- Tachograph records;
- International transport drivers’ work schedules;
- Tickets (air, bus, train);
- Other evidence confirming travel arrangements.
All this evidence must be kept at the company headquarters and presented upon request by control authorities.
Exceptions and individual driver decisions
After the ECJ ruling, the issue of exceptions to the vehicle return obligation became irrelevant, as the obligation itself was invalidated. For drivers, the situation is different - the return obligation still exists, but the driver has the right to decide whether to use it.
If a driver decides not to take advantage of the employer’s offer regarding return and chooses to spend the rest period elsewhere, all travel costs to and from that place should be covered from their own funds.
Understanding these regulations is crucial for all entrepreneurs operating in the transport industry. In the next part of the article, we’ll look in detail at the ECJ ruling and its impact on other elements of the Mobility Package.
Consequences for carriers and the environment after the ECJ ruling
The Mobility Package has been a serious financial challenge for transport companies across the European Union from the beginning. The latest ECJ ruling brings significant changes that affect both carriers and the natural environment.
Measurable savings for transport companies
The invalidation of the vehicle return to base obligation means real financial benefits for carriers. Previous regulations generated significant burdens:
- Additional costs reaching up to 11,000 euros per vehicle, translating into increased operational costs;
- In extreme cases, cost increases of up to 40%;
- One-time costs associated with operation relocation could reach up to 1.5 million euros;
- Fines of 2000 PLN for each vehicle that did not return to base.
These burdens were particularly severe in the context of the industry’s low profitability. According to Central Statistical Office data, the margin of transport companies is only 3-4%, meaning that an additional 10% cost increase could put many businesses on the edge of profitability.
Positive impact on the natural environment
One of the most controversial aspects of the Mobility Package was its negative impact on the environment. The vehicle return obligation generated:
- Additional emission of 2.9 million tons of CO2 annually;
- A 4.6% increase in emissions in international road transport.
The revocation of the obligation for international transport drivers to return to base every 8 weeks has significantly reduced empty runs and the aforementioned greenhouse gas emissions.
Return to base and new rules - Summary
The Mobility Package introduced significant changes to road transport operations in the European Union, and the ECJ ruling of October 4, 2024, was a breakthrough for the entire industry. The invalidation of the regulation on mandatory vehicle returns to base every 8 weeks brings measurable benefits, both economic and ecological.
Carriers can now plan routes more efficiently, eliminating costly and inefficient empty runs. It’s estimated that transport companies will save up to 11,000 euros annually per vehicle. Additionally, the positive impact on the environment cannot be overestimated - reducing CO2 emissions by nearly 3 million tons annually is a significant step toward more ecological transport.
However, it’s worth remembering that the requirement for drivers to return to base every 4 weeks or earlier in the case of two reduced weekly rest periods in a row still applies. Carriers must document these returns, and non-compliance with regulations carries a fine of 150 PLN per driver.
The changes introduced by the ECJ ruling respond to the needs of the transport industry, especially companies from peripheral EU countries, for which the vehicle return requirement was particularly burdensome. At the same time, regulations aimed at protecting workers’ rights and ensuring appropriate working and rest conditions have been maintained.
If you run a transport company and need support with any issues related to drivers' payroll calculation or optimizing drivers' remuneration, we’re happy to help! Contact us and let us know what challenges you face, and we’ll take care of the rest!
Return to base and new rules - Frequently asked questions
Below, we’ve gathered the most frequently asked questions about driver return to base rules and provided answers. If you don’t find the issue that concerns you, contact us, and our specialists will be happy to provide support!
Do drivers still have to return to base every 4 weeks?
Yes, the obligation for drivers to return to base every 4 weeks is still in effect. Drivers must return to the employer’s operational center or their place of residence at least once every 4 calendar weeks.
What are the consequences of non-compliance with Mobility Package regulations?
Violations of Mobility Package regulations carry various penalties, e.g., 150 PLN for lack of documentation related to driver return, 1000 PLN for failing to record entry into a new EU country in the tachograph, and up to 12,000 PLN for operating without a license.
Can drivers take regular weekly rest in the vehicle cabin?
No, regular weekly rest cannot take place in the vehicle cabin. Drivers must spend this time in appropriate accommodation, such as a hotel.
How did the ECJ ruling affect the obligation for vehicles to return to base?
The European Court of Justice invalidated the regulation concerning mandatory vehicle returns to base every 8 weeks. Carriers no longer need to organize work in a way that enables such returns or document their implementation.
What benefits did the invalidation of the vehicle return obligation bring?
Invalidating this regulation will allow transport companies to save significant financial resources, up to 11,000 euros per vehicle annually. Additionally, eliminating unnecessary empty runs will contribute to optimizing daily driving hours and reducing CO2 emissions by nearly 3 million tons annually.
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