What does the Mobility Package change? Regulatory changes in European road transport

What is the Mobility Package?

The Mobility Package is an informal term for the set of changes affecting European road transport, first introduced in 2020. Further changes brought by the package are still being implemented in member states, with the final stage scheduled for July 2026.

It is important to highlight that EU member states are obligated to implement the changes outlined in the Mobility Package. The legal basis for these changes includes:

• Regulation (EC) No 1072/2009 of the European Parliament and Council of 21 October 2009, on common rules for access to the international road transport market;
• Regulation (EC) No 561/2006 of the European Parliament and Council of 15 March 2006, on harmonizing certain social legislation relating to road transport;
• Regulation (EC) No 1071/2009 of the European Parliament and Council of 21 October 2009, establishing common rules concerning the conditions for pursuing the occupation of road transport operator.

What is the purpose of the Mobility Package?

The goal of the EU Mobility Package is to improve working conditions for drivers, ensure fair competition, and balance the environmental impact of road transport.

Who is affected by the Mobility Package?

Since 2022, the Mobility Package regulations apply to all transport operators and professional drivers engaged in international road transport. Additionally, the changes apply to trucks weighing over 2.5 tons owned by companies with a community license and a permit to operate as a road transport operator.

Mobility Package and AETR

It is important to note that the EU Mobility Package applies only to international transport within the European Union. If professional drivers carry out international transport under the AETR convention—outside the EU, the European Economic Area, or the territories of countries that are party to the agreement—they are not required to comply with the Mobility Package regulations.

What did the Mobility Package introduce in 2020?

The first changes from the Mobility Package came into effect on 20 August 2020 and covered several aspects related to the work of international drivers.

Mobility Package 2020 - Driver work organization: return home

In 2020, the Mobility Package required transport companies to organize drivers’ schedules so they could return to their place of residence or the company's headquarters at least once every four weeks for rest.

Mobility Package 2020 - Two reduced weekly rest periods

Drivers were allowed to take two reduced weekly rest periods if:

• the reduction is compensated with an equivalent rest period taken in a single block before the end of the third working week;
• it precedes a regular weekly rest period of at least 45 hours;
• it may be combined with a reduced rest period of at least 9 hours.

Mobility Package 2020 - Extended driving hours

Another change introduced in 2020 allowed drivers to extend their working hours:

• by 1 hour in exceptional situations, provided road safety was not compromised;
• by 2 hours if the driver reached their place of residence or the transport company's headquarters, provided the extension was preceded by a 30-minute break, did not compromise road safety, and was justified by exceptional circumstances.

Mobility Package 2022

The 2022 updates primarily affected transport company operations.

Mobility Package 2022 - Minimum wage for drivers

The 2022 changes required transport companies to pay drivers at least the minimum wage applicable in the country where they operate, excluding allowances and per diems. Additional wage-related benefits must be honored if required by the host country.

These rules do not apply to transit or bilateral transport operations.

Mobility Package 2022 - Cabotage operations

Drivers performing cabotage operations must return to their home base at least once every 8 weeks. Additionally, the number of operations per vehicle is limited to three within a seven-day period in a single EU country.

Mobility Package 2022 - Driver registration in the IMI system

Transport companies must now register drivers performing cabotage and cross-trade operations in the Internal Market Information System (IMI). Drivers must carry a copy of this registration along with a QR code.

Mobility Package 2022 - tachograph regulations

Tachographs must now record the country symbol whenever a driver crosses a border, with the entry made at the nearest stop.

Mobility Package 2023

In 2023, further changes were implemented concerning operating bases, driver declarations, new tachographs, and salary regulations.

Mobility Package 2023 - Operating base requirements

New rules required Polish transport companies to have operational bases equipped with at least one parking space, a loading/unloading area, and vehicle maintenance and repair facilities. If a company has multiple bases, the total number of parking spaces must be at least one-third of the company’s fleet.

Mobility Package 2023 - Driver declarations

From 2023, Polish transport companies must submit annual reports on their drivers by 31 March, detailing:

• the number of employed drivers as of 31 December of the previous year;
• the arithmetic average number of employed drivers, regardless of contract type or working hours.

Mobility Package 2023 - Tachograph upgrades

Since August 2023, newly registered vehicles must be equipped with second-generation smart tachographs. These will gradually become mandatory for all vehicles.

Mobility Package 2023 - Driver secondment regulations

The updated regulations state that a driver performing international transport tasks is not considered to be on a business trip under labor law. This eliminates the legal basis for per diems and night allowances.

Mobility Package 2024

Mobility Package 2024 - New smart tachographs

By 31 December 2024, companies must replace all analog and digital tachographs installed before 2019 with second-generation smart tachographs (SMT2), which will use satellite technology to log key transport data.

Mobility Package 2024 - Extended monitoring period

Authorities will now be able to check drivers' working and rest time records for the past 56 days instead of the previous 28 days

Mobility Package 2024 - Transport license requirements

From May 2024, transport licenses are also required for companies operating vehicles over 2.5 tons.

Mobility Package 2024 - Driver return obligations

Drivers must return to their place of residence or the transport company’s headquarters at least once every four weeks.

Mobility Package 2024 - Social security and tax changes

In accordance with the regulations of the 2024 Mobility Package, the changes affected the contribution base and taxation of drivers' remuneration. If the driver's income is lower than PLN 7,824 - the forecasted remuneration in 2024 - then the basis for calculating contributions is the above amount. However, if the income is higher, the payer does not compare the income to the forecasted remuneration.

Penalties under the EU Mobility Package

The Mobility Package includes strict penalties for non-compliance, such as:

• PLN 1,000 for missing tachograph entries on country border crossings;
• PLN 1,000 for driving without a tachograph;
• PLN 50 fines for weekly rest in a vehicle cabin;
• PLN 150 fines for drivers and PLN 50 for transport managers for improper documentation of driver returns.

Mobility Package and penalties for carriers

Road carriers should pay special attention to properly using the mobility package and complying with the rules it introduces. Otherwise, they must expect serious penalties amounting to:

• PLN 3,000 in the event of lack of documentation regarding international transport, e.g. missing waybill or lack of posting notification;
• PLN 12,000 for performing transport without a license or permit;
• PLN 8,000 for making the driver's remuneration dependent on the speed of delivery, the amount of cargo transported or the number of kilometers traveled.

Mobility Package 2025 - What changes will the Mobility Package introduce in 2025?

In 2025, further changes resulting from the Mobility Package are expected.

Additional modifications will be introduced regarding smart tachographs.

Moreover, starting in January, the requirement for trucks to return to the transport company’s headquarters every 8 weeks will be removed.

Furthermore, foreign road transport operators will be required to register all their cargo in the SENT system. As of July 1, 2024, this obligation applied only to the transport of sensitive goods. Additionally, it will also become mandatory to transmit vehicle GPS data.

Failure to register in the SENT system will result in a fine of 12,000 PLN, while the penalty for not transmitting data will be 10,000 PLN. In the case of failing to appear for an inspection, the fine will amount to 20,000 PLN.

Want to ensure compliance with the Mobility Package? Verify with a specialist!

Lack of knowledge regarding road transport regulations, especially in international operations, does not exempt companies from complying with them. Moreover, neglecting these obligations can lead to significant penalties, so it is crucial to ensure all requirements are met. If you need expert support in this area, contact us—we’ll be happy to assist you!