As of December 2011, access to the occupation of road haulage operator in the European Union is governed by Regulation No 1071/2009. Certain categories of undertakings, such as those using motor vehicles of less than 3.5 tonnes, are exempted from the scope of the Regulation.

 

As it stands now application of regulation 1071/2009 on access to the occupation of road transport operator differs in certain Member States whereas some countries have more stringent requirements. This creates disparity where companies which have fulfilled the requirements in their respective member state may not get access to the profession in another. FEDEMAC considers this as a major problem, and calls on the increase of harmonisation across the EU Member States to ensure all companies are on the same level of playing field.


Please download the complete Position Paper here.

Drivers of light commercial freight vehicles, unlike drivers of vehicles over 3.5 tonnes, are not subjected to the driver training Directive due to their seize, thus anyone with a regular driving licence can drive a light goods vehicle without respecting any regulation such as tax law, driving and resting time, speed limits, etc. This creates distortion of competition and has negative social and safety implication.

 

FEDEMAC draws attention to the fact that unregulated vehicles in the moving sector by unscrupulous operators are a serious threat to the industry as a whole in both financial and reputational terms. Therefore, FEDEMAC sees it as a necessity that the European Commission includes vehicles below 3.5 tonnes to the same EU legal framework as trucks above 3.5 tonnes, in order to promote quality and professionalism and to prevent illegal activities.

FEDEMAC welcomes the Commission in its initiative to create a platform where Member States can exchange best practice and supports the position of concentrating on the enforcement part of legislation and to ensure that employers and employees are fined if caught doing undeclared work.

Undeclared work deprives workers of social protection, puts their health and safety at risk and lowers labour standards. It also undermines fair competition for business and endangers the sustainability of public finances and social security systems.

FEDEMAC has been advocating for many years for the removal industry to be included into a different category from the general commercial transport. Whilst we agreed with the need for an optimisation of various modes of transport, we believe that our niche industry should be taken into account in this optimisation.

FEDEMAC calls on the European Union to promote better parking regulations and systems for moving trucks. The EU should co-ordinate legislations that would enable better mobility of its citizens and their personal belongings.

Please download the complete Position Paper here.

Over the last decade, FEDEMAC has been in contact with DG TAXUD in regards to the varied national procedures for the import of personal property belonging to natural persons transferring their normal place of residence from a third country to the European Union. The current bureaucratic and lengthy system creates disparity in competition, inefficiency and an unnecessary hindrance to the movement of consignments between the various Member States.

FEDEMAC calls on the EU Commission and Member States to allow customs clearance of household goods at the first point of entry into the EU for onward delivery to any other EU Member State. Exchange of information on these imports can be subsequently made between Member States to allow the follow up of goods’ usage. 

Please download the complete Position Paper here.

In a snapshot:

Since 21st June 2014, the Belgian government has imposed a ban on drivers taking their regular weekly rest time (45hrs) in the cabin of their truck. Drivers will face a fine of 1800 euro. An additional fine of 1500 euro will be imposed on all drivers exercising activity on Belgian soil without the appropriate documentation such as consignment note and CMR.

On 11th July, France adopted a law imposing a company fine of EUR 30,000 and 1 year imprisonment if truck drivers are caught taking their regular weekly rest in the cabins.

FEDEMAC considers these sanctions to be highly disproportionate and unacceptable. The lack of practical guidelines to implement these new laws makes it impossible for hauliers to know what is acceptable.

Please download the complete Position Paper here.