CABOTAGE
under the new regulations of the Mobility Package 2022

What is cabotage?


Cabotage is the national carriage of goods for hire or reward in a country other than that of the haulier. When carrying out cabotage transport, the relevant conditions must be met:

  • A haulier providing a cabotage service must have a Community licence. From 20 May 2022, such a licence will be compulsory for all hauliers carrying out international transport with vehicles of 2.5 tonnes or more.
  • Cabotage service follows the international carriage (mainly to avoid empty runs)
  • Cabotage may be carried out only using the same vehicle as that used to carry out the international carriage
  • You may carry out up to three cabotage operations within a single Member State, but you must remember that the last unloading must take place within seven days of the last unloading of an international carriage.
  • You must possess the appropriate documents proving compliance with Community legislation on cabotage operations.

According to the Mobility Package Regulation, from 21.02.2022, hauliers may not carry out cabotage operations with the same vehicle in the same Member State for 4 days after completion of the cabotage operation.

The completion of cabotage is considered as:

  • the completion of 3 cabotage operations,
  • the expiry of 7 days from the date of departure of the international carriage,
  • leaving the country with the load in the international carriage after carrying out cabotage operations (regardless of their number).

In this case, cabotage operations may not be carried out again within a period of four days in the country concerned (this period is called the cooling-off period.  Note that a day is counted from 00:00 to 24:00 - not to be confused with a clock day.

Example :

For both schedule 1 and schedule 2, once you have left Germany, you may not carry out cabotage in that country for 4 days using the same vehicle/combination of vehicles.

Examples of cabotage after 21.02.2022

Below is a sample schedule of trips for a vehicle performing cabotage in Germany. These files are for illustrative purposes only, this is our interpretation of the regulations, they are not a legal basis. For more information on cabotage regulations, see the bottom of the article (in the source).

THE MOST IMPORTANT CHANGES IN CABOTAGE

One of the most important changes introduced by the Mobility Package is the fact that international transport and return does not "reset cabotage", as it used to be. In addition, it is worth remembering that the expiry of the cooling-off period, i.e. the freezing of the vehicle for four days after a cabotage in a given country, does not "reset the cabotage" either. You still have to leave with a load in another country and return with a load from another country, as was the case previously. The haulier must also be in possession of evidence that he is acting in accordance with this Regulation during the inspection services. These include the following documents:

 

  • concerning the preceding international carriage
  • each subsequent cabotage operation
  • for the four days prior to entering the country in which the cabotage will be carried out (these documents must prove that the vehicle has completed the compulsory 4-day cooling-off period)

 

A novelty and at the same time an improvement for the driver carrying out the cabotage operation is the introduction of the provision in the mobility package that, during the roadside check, the driver may contact the company's head office or transport manager in order to present any evidence/documents before the roadside check is completed (including CMR letters). This means that the driver may as well present electronic evidence during the check.

 

For non-compliance with the rules and illegal cabotage, severe penalties will be imposed on both the driver, the entrepreneur and the principal, including
  • the possibility of losing the licence allowing to carry out international transports within the Community countries

  • serious financial penalties

  • loss of the right to benefit from cabotage insurance cover

 

 

Sources:

  1. https://eur-lex.europa.eu/legal-content/PL/TXT/?uri=celex%3A32009R1072
  2. https://sip.lex.pl/akty-prawne/dzienniki-UE/rozporzadzenie-2020-1055-zmieniajace-rozporzadzenia-we-nr-1071-2009-we-nr-69345424
  3. https://www.ibrk.pl/pakiet-mobilnosci-zmiany-od-lutego-2022-r/
  4. https://tachoinfo.pl/media/datastorage/pakiet-mobilnosci-2022/Pakiet_Mobilno%C5%9Bci_-_zmiany_2022a.pdf