Consultation outcome

Posting of road transport workers and operator licensing changes: summary of responses and next steps

Updated 22 December 2022

Introduction

On 24 June 2022, the Department for Transport (DfT) published a consultation entitled ‘Posting of Road Transport Workers and Additional Operator Licensing Changes’ which closed on 5 August 2022.

The consultation sought to gather views on the requirement for UK goods vehicle operators to post declarations to carry out goods journeys within the EU, as well as the consolidation of regulations for foreign goods vehicles operating in the UK. These changes are required following the UK’s departure from the EU and the signing of the UK-EU Trade and Cooperation Agreement (TCA).

You can find the original consultation document on the same GOV.UK as this consultation response document.

These changes mean that those operators and drivers who are involved in or making journeys in the commercial transport of goods within the territory of the EU and within the UK are required to post information about their journey on the EU’s Internal Market Information System (“IMI”), which can then be accessed by national licensing and enforcement authorities in the EU member states. Direct journeys between the UK and EU and vice versa are outside these requirements.

Examples of journeys that are outside the scope of postings, and those that are within scope can be described as follows.

A journey by a UK operator from London to Paris is exempt from these requirements. But a journey made by a UK operator between Paris and Nice is not exempt, and an operator making this journey (after travelling from London to Paris) would need to submit a posting declaration.

Similarly, an EU operator travelling from Berlin to Newcastle is exempt. But an operator based in the EU, which travels into the UK and then makes a journey between Exeter and Manchester is not exempt. They would therefore be required to make a posting declaration for the Exeter to Manchester.

Overview of consultation responses

The consultation received a total of 5 responses. Of these, 1 was from an individual and 4 were from representatives of organisations, including both main trade associations, namely the Road Haulage Association (more than 8,000 members) and Logistics UK (more than 19,000 members).

2 responses were received from individual operators, 1 of which is a company engaged in the music touring industry.

Both individual operators stated that they undertook trips into the EU and are therefore affected by the postings rules. The other respondents did not specify whether they made trips into the EU, however we expect that the combined responses received from the Trade Associations (Logistics UK and the Road Haulage Association) would include operators who travel into the EU and are directly affected by the changes in this area.

There was no further indication of where the respondents to the consultation were based, so it is not possible to draw conclusions on whether the implementation of the postings rules will have differing impacts in Great Britain or Northern Ireland.

The department is grateful for the considered feedback received in the consultation. The responses have brought a range of issues to our attention, and they have helped to inform a decision on the best way forward.

Summary of responses on changes to operator licensing

A summary of the responses for each question put to all respondents is set out below.

Q1: To what extent do you agree or disagree that the ability of the competent authorities (the Traffic Commissioners in Great Britain, and the Traffic Regulation Unit in Northern Ireland) to consider postings as an issue for licenced operator and transport manager repute is sufficient to encourage UK operators to respond when asked for postings information further to requests from EU Member States’ authorities?

4 out of 5 of respondents agreed that the competent authorities had sufficient ability to consider postings and transport manager repute, which would in turn encourage UK operators to respond to requests for information from the competent authorities in EU Member States. However, 1 respondent strongly disagreed that this was the case.

Our response

The respondents view the competent authorities as having sufficient ability to consider postings and to encourage responses from operators to requests for information. This is indicative of the positive relationship between the Traffic Commissioners in Great Britain, the Traffic Regulation Unit in Northern Ireland, and operators within the UK.

Comments in the free text box associated with this question covered the need for enforcement to be proportionate and applied equally to operators irrespective of whether they are from the EU or the UK.

For UK operators, there was a recognition that there is a risk that being reported for failing to have a posting declaration could lead to the loss of repute for an operator. Good repute is one of the key elements of the operator licensing regime, and whilst a single failure to submit a posting declaration alone may not be enough to warrant the loss of repute, repeat infringements by a UK operator in the EU might attract this sanction. The requirements around good repute are explained in Statutory Document 1: Good repute and fitness[1], which is published by the office of the Traffic Commissioner on gov.uk and provides more detailed guidance in this area.

Given the importance of maintaining good repute it is vital that operators feel confident in the ability of the Traffic Commissioners and the Traffic Regulation Unit to manage requests for information that come from EU Member States.

Q2: To what extent do you agree or disagree with the proposal that operators who fail to make Posting Declaration and refuse an EU authorities’ request for information, but subsequently comply with DVSA requests, be spared enforcement/fines?

4 out of 5 of respondents agreed that operators who failed to make a Posting Declaration and refused to provide information to EU authorities when requested should be spared enforcement action if they subsequently complied with these requests. Respondents commented that enforcement of the requirements does need to be effective though, and so should be enacted into UK legislation.

1 respondent disagreed with this proposal, commenting that making posting declarations is a barrier to trade.

Our response

We intend to introduce legislation to ensure that there is a proportionate enforcement regime available. This should encourage operators to enter posting declarations prior to their travel.

Q3: To what extent do you agree or disagree with the provision that posting declaration obligations in the TCA related to EU drivers and operators undertaking cabotage in the UK should be made legal requirements in Great Britain (i.e., a statutory requirement in Great Britain for EU operators to have completed the posting declaration processes)?

4 out of the 5 respondents agreed with the provision. The remaining respondent disagreed, commenting that they saw postings requirements as being another barrier to trade.

The respondents agreeing commented on the importance that the UKs international obligations are applied and properly enforced. Respondents commented that having proper enforcement would help to ensure a more level playing field between operators based in both the UK and EU member states.

Our response

We consider it important as part of our ongoing relationship with the EU that the arrangements for posting and the enforcement of these requirements are reciprocal. Reciprocity will help to ensure that drivers of goods vehicles are treated fairly in terms of pay and drivers hours, irrespective of the country where they are based prior to their posted journey.

Q4: Should the UK authorities make the possession of Posting Declarations during cabotage by EU operators a higher or lower priority than enforcement of the maximum numbers and timing of cabotage transports?

4 out of 5 respondents thought that the possession of a posting declaration should have the same weight and priority for enforcement purposes as the maximum number and timing of cabotage journeys.

1 respondent disagreed, on the basis that postings declarations are a barrier to trade and noted the impact that the loss of access to the single market has had on the industry.

Our response

We welcome the support for the proposals in this area and will seek to reflect this in the forthcoming legislation.

Summary of other comments made

Other comments received to the consultation included recognising that whilst the postings requirements do place a small administrative burden on operators travelling into the EU, the access to the Internal Market database system means that the information to demonstrate compliance for a trip or trips only needs to be entered once, rather than multiple (up to 27) times if which would be the case if (a) each state was operating their own system, or (b) if UK operators were required to report this on a state by state basis, despite the existence of an EU wide system. For these reasons there was support for continued access to the system for operators based in the UK.

One respondent emphasised that postings requirements, and particularly those placed on EU drivers performing cabotage operations in the UK formed another barrier to trade.

Our response

We welcome the views of respondents to our proposals in this area and the broad support that the consultation indicates, particularly in relation to the responses received from the Road Haulage Association and Logistics UK who have 27,000 members between them.

We also note the fact that having access to and using the EU wide IMI system will benefit UK businesses by streamlining the process of making a posting declaration, reducing the administrative burden that could be placed on businesses which might otherwise have to complete many different posting declarations depending on the journey being made.

Next steps

Since February 2022, operators and drivers who are involved in, or making journeys in the commercial transport of goods within the territory of the EU and within the UK have been required to post information about the driver and the planned journey in advance, using the IMI platform.

Whilst the obligation to post information about journeys being made is already a requirement, secondary legislation is being prepared to ensure that the UK formally meets the stipulations of the Trade and Cooperation Agreement, along the lines described above and in the consultation document. We are especially aware of the importance of ensuring that there is a suitable enforcement regime that can be applied to operators from the UK and the EU equally.

In preparing the legislation we will consider the responses provided to this consultation and will seek to ensure that it reflects the views of those that have responded where possible.