Western Association of Road CarriersWestern Association of Road Carriers
On 31 May 2017 r. The European Commission has adopted a draft amendment of Directive 96/71 / EC on the posting of workers in the framework of the provision of services and other changes in transport regulations.
According to the draft plan are significant changes in the rules for the international road transport.
- Member States will be required to comply with the provisions of the host country, regulating minimum wage (dot. the minimum period of paid annual holidays and minimum rates of pay, including overtime),unless the period of posting is longer than three days in a period of one calendar month. If the period of secondment is less than or equal to three days - foreign companies will not have the obligation to apply those rules. This applies to international transport within the meaning of Regulation (WE) 1072/09 and Regulation (WE) 1073/09, therefore exclusion does not apply to cabotage operations.
- When calculating the period of posting, use the following assumptions:
- If the daily work period is less than six hours spent on the territory of the host Member State - is assumed, the period of secondment is half a day;
- If the daily working time is six hours or more hours spent on the territory of the host Member State - is assumed, the period of secondment is the day;
- breaks and rest periods, as well as periods of availability spent on the territory of the host Member State - is considered as working time.
- Member States may only use the following administrative requirements and control measures:
- a) Freight carrier established in another Member State is required to submit a certificate of secondment of national competent authorities at the latest by the start of the secondment, in electronic form, in the official language of the host Member State or in English, containing only the following information:
- data carrier;
- contact details of the transport manager or any contact person in the Member State of establishment, to make contact with the competent authorities of the host Member State, in which the services are provided, and send and receive documents and notifications,
- the estimated number of drivers and data posted;
- the expected duration, and the anticipated start date of termination;
- license plates of vehicles used for posting;
- type of transport services, ie. carriage of goods, the carriage of passengers, international transport, cabotage;
b) the obligation to keep the driver and provide, at the request of the competent services during roadside checks, in paper or electronic form, a copy of the certificate of secondment and the evidence of transport operations (Waybill), also in electronic form,
c) obligation for the driver to store and share, at the request of the competent services during roadside checks, tachograph data, in particular the codes of the Member States, in which the driver was present when performing international transport operations and cabotage operations,
d) obligation for the driver to store and share, at the request of the competent services during roadside checks, in paper or electronic form, copy of the contract of employment or equivalent document, translated into one of the official languages of the host Member State or into English;
and) to make available to the driver, if you required during a road check, in paper or electronic form, copies of payslips for the last two months; when a driver has the right to contact the Office, transport manager or any other person or entity, which can provide copies of the Subject;
f) foreign carrier's obligation to provide, after a period of secondment,
in paper or electronic form, copies of documents, referred to in point. b), c) i e), at the request of the authorities of the host Member State, within a reasonable time;
g) certificate of secondment may not cover a period longer than six months.
Directive, in the Commission, It should be implemented no later than two years. Member States will be obliged to submit to the Commission the text of the main provisions of national law, implementing Directive.
In addition, the European Commission plans to make changes in the rules relating to drivers' working time and access to the occupation of road transport.
Proposed regulations for Regulation 561/2006 They apply m.in:
– a clear break in the clarification crew, which the driver can pick up after 4,5 h bus while driving the second driver,
– more flexible period in which you want to receive the weekly rests, tj. instead of within 2 consecutive weeks in the new wording in the regulations 4 consecutive weeks a driver will be required to pick up 4 pause 45 or h 2 pause and 45h 2 Pause at least 24. Order receipt pauses no longer imposed,
– there will be a condition for receiving these pauses 45h and compensation resulting from the shortened weekly exclusive pauses outside the vehicle, ie.: in a place with proper hygienic conditions and accommodation paid for by the employer or in the home or other private lodgings selected by the driver.
– clearly defined, the only regular daily rests (at least 11 h) or a reduced weekly rest periods may be interrupted twice entrance / exit from the ferry.
– will change and Articles. 12, which until now allowed to avoid penalties for exceeding the standards of driving time, break or rest. This provision will expand the possibility to exit the home or suitable accommodation.
A number of changes geared up well in Regulations 1071 i 1072 concerning the occupation of road transport:
Primarily the responsibility of meeting financial requirements for road hauliers will be covered by entrepreneurs engaged in the carriage of vehicles to 3,5 tony! (1800 Euro for the first vehicle , 900 Euros for each subsequent). limiting the subject forms documenting the financial capacity for all carriers. There will be no opportunity to submit a professional liability insurance, which is de facto still unofficially called the insurance “nothing”. Accepted will be the annual financial statements and bank guarantees. condition headquarters It will require an additional encased in a Member State assets and hiring staff.
EC proposed, to shorten okres kabotaż of (transport inside the country) from seven to five days, eliminating the limit in exchange operations performed. Businesses show, that since carriers from all the countries are due to the posting of the same expenditure on drivers, limiting cabotage is not economically justified.
source: koben.pl, ocrk.pl