Posting of drivers to Germany is a topic that raises many doubts among Polish hauliers. If you employ drivers in Poland (including Ukrainian citizens) and carry out transports involving Germany, you must first determine one key issue. This is whether the route in question is at all subject to the „posting of drivers” within the meaning of the Mobility Package.
This qualification determines whether you have to submit IMI declaration in the postingdeclaration.eu system. This also determines the obligation to apply the posting regime. In practice, this means the documentation and wage requirements of the host state.
The sectoral rules on the posting of drivers result from Directive (EU) 2020/1057. The new regulations shall apply from 2 February 2022.
What is the posting of drivers in road transport?
Posting works differently in road transport than in other industries. The key is type of transport operation, and not the crossing of the border by the employee itself.
The European Commission specifies that a driver is subject to posting only in certain situations. For other operations, the regulations exclude him from this regime. The correct qualification of the route is therefore of fundamental importance.
For more on regulation, see our article: New legal regulations for posted drivers
When is an IMI notification required?
Cabotage in Germany = posting of drivers
Cabotage is an inner-country carriage carried out by a carrier based abroad. In the case of Germany, this means a DE-DE route operated by a Polish company.
In practice, this looks as follows: if a driver performs a section of e.g. Hamburg → Munich in the framework of cabotage, then it is subject to posting. As a result IMI notification will be required.
Cross-trade between countries = posting of drivers
Cross-trade (also called „cross-trading”) is a situation where a carrier from Poland performs a transport between two countries other than Poland. Examples of such routes include:
- DE → FR
- NL → DE
- CZ → DE
Such operations qualify as posting of drivers to Germany within the meaning of Directive 2020/1057. Therefore you must make an IMI notification.
When is an IMI declaration not required?
Transit through Germany = no posting
If the driver only passes through Germany without loading and unloading in their territory, we are dealing with transit. Such an operation does not fall within the scope of the posting of employees.
The European Commission confirms this exemption in an official document Questions and Answers.
Bilateral transport PL ↔ DE = no delegation (with restrictions)
„Bilateral” is the classic international carriage between the carrier's country of establishment and another country. Examples include routes EN → DE or DE → EN.
Such carriage is generally excluded from posting. This follows from the EU Directive for drivers and the Commission's clarification in the Q&A.
However, be warned: Many routes look „bilateral”, but there are additional loadings or unloadings along the way. This is where errors in the qualification of shipments most often occur.
Additional operations in bilateral transport - „1+1″ and „0+2″ rules
The European Commission allows in the framework of bilateral transport limited additional activities. These do not automatically result in the carriage being considered a posting. However, strict limits and conditions apply.
When does an additional activity benefit from the exemption?
Additional loading or unloading can only be exempted if it meets two conditions:
- the driver performs it in the country through which he actually transits in the course of bilateral carriage
- driver does not carry out both loading and unloading in the same country
If loading and unloading takes place in one country, a local link to that country is created. Consequently, such an operation does not benefit from the exemption and is subject to the posting rules.
The „1+1″ rule - the standard for bilateral transport
For two consecutive bilateral transports (departure and return) during the each of which can be made one additional exempted activity:
- at departure: one additional load or one additional unloading
- on return: similarly one such activity
0+2″ rule - alternative in the absence of away activities
If, on leaving Poland no additional activity, then on return, you can perform two additional exempted activities.
What counts as one activity?
One additional activity is considered to be:
- loading alone
- unloading alone
- total loading and unloading (treated as a single event)
This has important practical implications. It is often wrongly assumed that each of these activities should be counted separately.
What if you exceed the limit for additional activities?
If you do more additional activities than allowed by the „1+1″ or „0+2″ rules, only the first one (or the first two) benefit from the exemption.
Any subsequent action is subject to the provisions on delegation. This means that:
- IMI notifications for this part of the operation
- possibly obtaining a Vander Elst visa for non-EU drivers
Important practical advice
Simply indicating on the documents or contract that there is bilateral carriage, is not enough. What matters is the real chain of loading and unloading locations and the number of additional operations carried out during transport.
Where and how to submit an IMI application?
If the route qualification indicates posting of drivers to Germany, you declare at portal postingdeclaration.eu.
The European Commission stresses that this is official website To:
- making a declaration of posting
- respond to enquiries from control bodies
Does every entry into Germany require an IMI declaration?
No. IMI notification is required primarily for operations of the type:
- cabotage (transports within Germany)
- cross-trade (transports between third countries via Germany)
By contrast, no notification required at:
- Transit through Germany (without loading/unloading)
- „pure” bilateral transport PL ↔ DE
Posting of drivers to Germany - summary
The correct qualification of the route determines the carrier's responsibilities. Therefore, it is worth analysing before each transport:
- type of operation (cabotage, cross-trade, bilateral, transit)
- number of additional activities along the route
- countries where loading and unloading takes place
When in doubt, it is better to consult an expert. Incorrect qualification can result in financial penalties and problems during inspections.
Need support in posting drivers?
Do you want to qualify transport routes safely? Need a step-by-step action checklist for your company?
Contact us: https://bktkancelaria.pl/kontakt/
