New rules for drivers posted outside their operator’s state

They apply to drivers who are carrying out the following operations:

• cross-trade operations – transport operations carried out between two Member States, or between a Member State and a third country, all of which are outside of the operator’s registered country.

• cabotage operations – domestic transport operations for hire or reward carried out on a temporary basis in a Member State outside of the operator’s registered country.

From 21 February 2022, there will be a four-day cooling-off period after three permitted operations in seven days. During this time, the operator cannot perform cabotage again in the same EU country with the same vehicle.

They do not apply to drivers when performing:

• international bilateral transport operations,

• cross-trade operations involving limited loading and/or unloading activities,

• transit operations, or

• the first or final leg of a combined transport operation. 

Before posting a driver in another Member State you must submit a posting declaration to the authorities of the Member State in which your driver will be posted.

At the very latest, this should be at the start of the posting, otherwise, you may be fined.

You can submit a posting declaration through the Internal Market Information (IMI) system.

You can submit a posting declaration through the Internal Market Information (IMI) system.

You will first have to create an account. To do this you will need the following: 

Company information

• name

• address

• country of registration

• email address

• VAT number

• registration number

• RTOL number

Transport manager information

• Name

• office address

• email address

• telephone number

• CPC certificate number

Driver information

• full name

• date of birth

• email address

• home address

• driving licence number

• driver card number

• internal reference number (for example, their employee number)

• ID document (for example, a passport) - you’ll need the document number, the issue date, the expiry date, and which country issued it

• start date of the drivers’ employment contract with you

• applicable law (what country’s law they’re employed under)

When you’ve created your account, you will then be able to make a posting declaration and register your journeys. You will also be able to upload your drivers’ details in a bulk file.

You will need to include:

1. the identity of the operator, at least in the form of the number of the Community licence where available
2. the identity of the driver, the address of the residence and the number of his/her driving licence
3. the start date of the driver's contract of employment, and the law that applies to it
4. the expected start and end date of the posting
5. the number plates of the motor vehicles
6. the transport services performed (e.g. carriage of goods, carriage of passengers, international carriage or cabotage operations). 

Further information is available in the European Commission's Q & A document

From 2 February 2022, enforcement authorities in EU countries, including Iceland, Liechtenstein, and Norway, will be able to ask you (as the operator) via the IMI system for:

• copies of the documents that drivers have to carry
• documents about the driver’s pay during the journey, their employment contract, and timesheets for their work

You must upload the information you’re asked for via the IMI system within 8 weeks. Failure to do so may result in you receiving a premises inspection by the WRC and the RSA.

From 2 February 2022, your driver must carry an electronic or paper copy of the completed posting declaration made through the Internal Market Information (IMI) system. This must be made available to enforcement officers on request.

As normal, your drivers will need to bring:

• vehicle and trailer documents
• driver documents - including tachograph records
• export documents - including an electronic or paper copy of the consignment note (CMR)

Important: Failure to carry and supply a valid copy of the documents listed above could result in your driver being fined.

Yes. To help enforce these new posting rules, from 2 February 2022 drivers must record border crossings in their tachographs.

How to record border crossings:

• Enter the country’s symbol or code after crossing the border.
• This should be done at your first stop – that is, the nearest possible safe stopping place at or after the border.
• If the border crossing is by ferry or train, enter the country’s symbol at the port or station of arrival.
• With digital tachographs, enter the symbol manually.

• With analogue tachographs, handwrite the symbol on the record sheet, preferably under the inner time dial.

More information on recording border crossings are available on our resources page.

The European Commission has also prepared some guidance on the manual recording of border crossings which is available here.

Further information and answers to frequently asked questions are available on the online portal for submitting postal declarations.

If you have other questions about using this portal, please contact the European Commission’s IMI support team at [email protected]. 

To help you comply with these new rules, the European Commission has also prepared guidance which includes a factsheet and sample journeys, both of which can be accessed here.