As of Feb. 2, 2022, new rules will apply to the posting of drivers in professional road haulage. In this blog, I will discuss the application of one new rule. Namely, reporting the posting of a driver, if he performs transport assignments abroad. This notification is done in IMI portal, but how does it work?

What is IMI portal and what can you do with it?

The IMI portal is a digital question and answer system where authorities can contact authorities in other EU member states in their own language, including when registering a foreign service provider in an EU member state.

- Business owners can submit posting statements by driver
- Governments can use a proprietary module to request additional data from authorities of member states where your driver has been posted
- Business owners can email posting statements to drivers

Who needs to be reported in the system?

The entrepreneur must report the drivers in IMI portal if there is pure secondment. Pure secondment exists if a driver of a transport company performs a service or trip for a client abroad on the basis of a transport contract. It must therefore involve the performance of a transport assignment. The driver must be employed by the company to which the transport assignment is given. There is a pure posting if there is a close link between the work performed and the host Member State. According to the directive, this is in any case the case for cross-trade transport and cabotage.

Why does a driver need to be reported?

The administrative burden and paperwork for drivers must be reasonable. Therefore, certain documents should be present in the vehicle for inspection during roadside checks. In addition, other documents should be made available by operators and, where appropriate, by the competent authorities of the Member State of establishment, through the public software linked to the Internal Market Information System ("IMI"). This follows from Directive (EU) No. 1057/2020 of the European Parliament and of the Council.

When should a driver be registered in IMI?

When a transport company has an employee perform work in another member state, there is an obligation to submit a posting declaration via the portal no later than the start of the posting. This includes at least: cabotage transport and crosstrade transport.

What does this posting statement consist of?

1. the identity of the operator, at least in the form of the Community authorization number (if such number is available);
2. the contact details of a transport manager or other contact person in the Member State of establishment who acts as an intermediary with the competent authorities of the host Member State in which the services are provided and with whom documents or messages are exchanged
3. the identity, address of residence and driving license number, of the driver;
4. the starting date of the driver's contract of employment and the law applicable to it
5. the scheduled start and end date of the posting; 6. the driver's license plate number;
6. the license plates of the motor vehicles;
7. whether the transport services performed are freight, passenger or international transport, or cabotage;
8. the operator's obligation to ensure that the driver has the following, on paper or in electronic form, and the driver's obligation to keep and make it available when requested during a roadside inspection:
9. a copy of the posting statement, submitted through IMI;
10. proof that the transport is taking place in the host Member State, such as an electronic waybill (e-CMR) or a proof referred to in Article 8(3) of Regulation (EC) No 1072/2009;
11. tachograph data, and in particular the country symbols of the Member States where the driver was during international road transport or cabotage, in accordance with the recording requirements under Regulations (EC) No 561/2006 and (EU) No 165/2014;

What are the duties of the business owner and driver?

The new posting rules are intended to facilitate the control of the European Posting of Workers Directive, but how will this reporting requirement be controlled? Road checks must be carried out efficiently and quickly so that the check is completed in the shortest possible time and with the least possible delay for the driver. Therefore, a clear distinction is made between the duties of business owners and the duties of drivers. The business owner has a duty to notify the driver. The driver must be able to prove during a roadside inspection that this was done. IMI can also be checked during a company inspection.

Do your employees carry out international transports that need to be reported in the IMI portal and would you like to receive more information about this? If so, please contact our office for advice.

This blog is written by Zohra Farah (legal assistant) under the supervision of Christian Hofman

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