The following key novelties were adopted
- Not respecting the obligation to organise driver’s work in such a way that (s)he is able to return is classified as a very serious infringement (VSI);
- Not recording border-crossing is considered a serious infringement (SI);
- Violating of ROME I contractual obligations is considered a VSI
- Below is the completely new table regarding infringements against the new posting of drivers’ rules:
|
No |
LEGAL BASIS |
TYPE OF INFRINGEMENT |
LEVEL OF SERIOUSNESS |
||
|
MSI |
VSI |
SI |
|||
|
1. |
Article 1(11), point (a) |
Incomplete information on the posting declaration |
|
|
X |
|
2. |
Article 1(11), point (a) |
Failure to submit a posting declaration to the Member State to which the driver is posted no later than at the commencement of the posting |
|
X |
|
|
3. |
Article 1(11), point (b) |
Falsified posting declaration for drivers |
|
X |
|
|
4. |
Article 1(11), point (b) |
Impossibility of the driver to present a valid posting declaration |
|
X |
|
|
5. |
Article 1(11), point (b) |
Failure to put at the disposal of the driver a valid posting declaration |
|
X |
|
|
6. |
Article 1(11), point (c) |
Failure to submit the requested documents to the host Member State within eight weeks from the date of the request |
|
X |
|
|
7. |
Article 1(12) |
Failure of the operator to keep the posting declarations up to date in the public interface connected to IMI |
|
|
X |