As of Sunday 1st October 2023, the DVSA enforced a new rule for lorry drivers to declare their postings.
But what does this enforcement mean for you as a driver or operator?
Types of journeys which must be declared
The declaration will mean that those carrying goods in the following divisions will have to declare a journey it is considered:
- Cabotage jobs (loading goods in one country in accordance with regulations, then unloading at another point in the same country) This is if the driver is using a UK-registered vehicle
- Cross-trade jobs (loading goods in one country in accordance with regulations, then unloading in ANOTHER in accordance) This is if the driver is using a UK-registered vehicle
- Moving goods for your own business’ use inside the countries in accordance to the regulations This will include if your business is not predominantly about moving goods.
The enforcement will apply to those who are the following:
- EU operators carrying goods between loading and unloading points (of which both points are in the UK)
- EU operators in the UK must carry a copy of posting declaration (this will be seen as evidence that “it has been completed”)
- UK operator, before transporting goods between two points in the EU for commercial purposes, you must declare the details on the road transport posting declaration portal. (This requirement came into effect 2nd February 2023).
As of the announcement in September 2023, there are currently no fees in relation to making a posting declaration.
An EU operator, if transporting goods between two points in the EU and UK (for commercial purposes), must also follow UK drivers hours rules and UK minimum wage rules.
You must make a declaration with the following vehicles
- HGVs (Category C)
- HGVs towing trailers (Category C+E)
- Vans or any other sized light commercial vehicles (Category C1)
- Vans towing trailers (Category C1+E)
- Cars towing trailers (Category B+E)
You will not need to declare the following
- Driving an empty vehicle
- Transporting goods from the UK to a place in Europe (Where you can both load and unload goods)
- Transporting goods from the UK to one place in Europe (Where you can unload goods at more than one place in Europe, but CANNOT load in Europe)
- Transporting goods from Europe to the UK (Where you can load goods at more than one place in Europe, but CANNOT unload in Europe)
- Transporting goods from the UK to a non-European country (But CANNOT load OR unload the goods while you are in Europe)
How to declare a journey
In order to declare journeys within the divisions, you will need an EU portal account. This is where you can document all your declarations, so that operators can stay compliant with the regulations enforced.
In order to create an account on EU portal, you need information about the following details.
This will include the name and address of the company, as well as country of registration. You will also need to supply a company email, and the legal registrations to prove your business is active (VAT number, registration number, UK licence for the community number).
Transport Manager(s) employed
You must provide the transport manager’s name, office address, email address, phone number and their CPC certificate number.
You will need to provide the following information for each driver:
- Full Name
- Date of Birth
- Email Address
- Home Address
- Driving Licence Number
- Driver Card Number
- ID Document (such as passport)
- Internal Reference Number (employee number)
- Applicable Law (which country’s law the driver is employed under)
In the instance of having many drivers, there is the ability to upload all details in a spreadsheet. You can then upload all drivers information into the EU portal.
The information needs to be accurate, as the portal is there to aid when needing to create declarations, or adding additional information that an enforcement officer may ask from your business.
How to make a posting declaration
Posting declarations must be made for each country and each driver
These declarations can be done in one of two ways:
- Making the posting declaration for each individual journey a driver makes in each country
- Making the posting declaration for up to 6 months in advance for a driver to cover all journeys they will make in each country
In the instance that the information is the same for more than one country, you can copy the information, but ensure the country is changed.
What is needed for your declaration
In your declaration, you must state the start and end dates of the posting. You will also need to include the operation type that is being completed. In the instance that the operation is handed to you in short notice, you are allowed to select both cabotage and cross-trade. It will not matter if you don’t end up completing either.
The registration of the vehicle(s) you will be using will also need to be included. Add each vehicle you use for each operation.
The contact details of your transport manager will also need to be included. This is so that in the instance of any variances, queries or issues, the enforcement officer will be able to contact the transport manager.
In the instance that you are unable to provide the details of your transport manager, you should give the details of another individual who is within the business in the UK. It should be in your best interest to make that person aware if you have used their contact details.
Documents to carry
If you are a driver operating within these enforcements, you need to be carrying the following documentation.
A digital or physical copy of the information you declare for the journey
Failure to produce this document will result in the driver getting penalties from enforcement authorities in the European countries.
This will be in relation to the correct permits needed for the journey you are taking, as well as vehicle and trailer registration documents, goods vehicle operator licence disk and a UK sticker if applicable.
As for driver documents, this will include a valid UK driving licence, valid Driver of Professional Competence (CPC) card, an international driving permit (if needed for the country you are travelling in), and healthcare documents. This will also include your tachograph card.
What an enforcer can ask you to show as the operator
In the instance that an enforcement authority is involved, they can as you, as the operator, for the following documents:
- Copies of documents the drivers must carry
- The driver’s pay throughout the duration of the journey, their employment contract and timesheets for their work
These documents must be uploaded to the EU portal within 8 weeks of asking for them. However, action will be taken against you if you do not upload the information in the given time period.