The Court of Justice of the EU granted the request of 7 countries, including Bulgaria, and repeal the provision on the obligation to return trucks (empty or not) to the country of registration every 8 weeks. Almost unanimously, the industry also found this provision to be one of the most burdensome for the transport business and often described it as a serious financial pressure on the business. Last but not least, the return of the truck is also not justified from an environmental point of view, which could be contrary to the objectives of the The European Green Deal.
Following the filing of a class action by Bulgaria, Romania, Lithuania, Cyprus, Hungary, Malta and Poland, in 2020, at the beginning of this month, on 04.10.24, the Court of Justice of the EU annulled with solutionPart of the provisions of Mobility Package, adopted by the EP on 08.07.20, after reaching a preliminary agreement with the European Council and approval of the arrangements in the Parliamentary Committee on Transportin June 2020
Important for all carriers: there will be no extension of the deadline for retrofitting with new tachographs. The installation of digital tachographs is currently mandatory for new heavy-duty vehicles weighing more than 3.5 tons.
The remaining 5 provisions, which Bulgaria, as an EU Member State, also challenged by the Mobility Package, and which continue to be in force, are:
• deadline for retrofitting with a new generation of tachographs
• prohibiting drivers from using their regular 4-week rest or compensatory 5-week rest in the vehicle
• the obligation of carriers to organize the work of the drivers so that they have the opportunity to return at working time every three or four weeks to the base in order to start or spend a week's rest there
• waiting period when cabotage is carried out
• designating drivers as “posted workers” when cabotage from one EU country to another, where none of them is the place of registration of the carrier
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