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Mobility package: the most important points to remember
The legislative package aims to improve the working conditions of lorry drivers. It also aims to guarantee fair competition in the European single market.
Drivers will no longer have to drive long hours and spend their weekends in car parks.
- Drivers must spend their minimum 45-minute break outside their lorries.
- Drivers have to return to their company headquarters every month, every 3 or 4 weeks.
- They can no longer spend the 45-hour weekend in their lorry. The employer is obliged to pay for a hotel room or find a suitable solution.
- The truck has to return to the head office every eight weeks
This measure has another hidden agenda. To reduce the competitiveness of transport companies in Eastern Europe, as they could eventually lose lucrative contracts in Western Europe if they can no longer guarantee low prices.
Mobility package: better protection for road transport workers
The agreement provides better protection for road transport workers. For example, the law on secondment to the road transport sector was only applied by France and three other Member States on their territories. The same law now applies throughout the European Union.
💡 What is the posting of workers?
The aim of Directive 96/71/EC of 16 December 1996 is to combat "social dumping". However, posted employees remain subject to the legislation of their Member State of origin. Provided that the foreseeable duration of the work does not exceed 24 months and that the employee is not sent to replace a person whose secondment has come to an end (Regulation 883/2004).
It's a subject that has long been a thorn in the side of relations between Western and Eastern Europe. For a very long time, some drivers had to be moved away from their families and countries to cope with growing demand.
According tothe AgreementWorking hours will be reorganised: drivers will have the option of two consecutive reduced weekly rest days for international traffic, followed by a normal compensated weekly rest taken at home.
As for French drivers, who are protected by more protective rules, they will continue to be subject to the rules in force.
As far as working hours are concerned, there are few changes to be expected. No changes have been made to the rules on driving time. Driving times will be limited to avoid accidents and ensure the safety of workers.
Mobility package: several European countries have already lodged appeals
Unsurprisingly, road transport employees welcomed the news with enthusiasm.
This is not the case for all bosses, who accuse the European Union of haste. In their view, there are not enough car parks and parking areas. They also point to the lack of hotels to implement the project.
Lithuania is preparing legal action against the mobility package. The Lithuanian government believes that "the measures adopted are detrimental to their drivers and businesses". "Eastern European countries will not be able to apply all these provisions and will therefore be excluded from the single market", it added.
Romania is contesting the package. It is asking the European Commission to guarantee aharmonised legal framework at European level.
But according to the European Transport Federation, which took part in drafting the package, the texts are well balanced. Some Central European countries have voted in favour of these texts, which proves their effectiveness.
It is therefore highly unlikely that the Court of Justice of the European Union will block the entry into force of the Mobility Package. Indeed, these texts were essentially aimed at the policy of "social dumping" by Eastern European countries.
All that remains is to ensure that these measures are properly applied by employers..
