Foreign drivers in France who fail to leave the country after 4 weeks can be imprisoned

Romanian hauliers have received notices from the French Regional Directorate for Environment, Planning and Housing (DREAL) stating that their drivers need to return home after 4 weeks of work in France, otherwise they will face serious fines or penalties. This information was published by the press service of the National Union of Road Carriers of Romania (UNTRR).

According to UNTRR representatives' explanations, after 18 months since the introduction of the Mobility Package, it has become tiresome for many drivers to return home every 3-4 weeks for a short period of time and they prefer to avoid it. Truckers tend to stay in the EU Member States where their trucks are located.

In the last month, several Romanian transport companies have received notifications from DREAL France about violations related to the organization of drivers' work. These infringements prevent drivers from utilizing the weekly rest period according to their place of residence or the EU Member State in which they work. Some drivers received notifications from their companies before leaving for work, containing information about their rights under the Mobility Package and the availability of a truck to return home after 4 weeks. However, DREAL representatives refused to take these documents into account and immediately issued an infringement notice.

This is due to the violation of Article 1.3315-4-1 of the French Transport Code, which is punishable by one year's imprisonment and a fine of 30,000 euros.

UNTRR's lawyer in France, Smaranda Rugina, said that she currently has more than 10 cases related to this violation against Romanian companies pending. The first court hearing was scheduled for the end of 2023.

The driver's obligation to return home is laid down in Regulation (EC) No 561/2006 of 15 March 2006 on the harmonisation of certain social laws relating to road transport, as amended and supplemented by Regulation 1054/2020, in Article 8. This legal instrument states that carriers are obliged to organize the work of their drivers so that, during each four-week period, they can return either to the employer's operating centre where their normal place of work is located and where their weekly rest begins However, where a driver has taken two consecutive reduced weekly rest periods under paragraph 6, the transport company must organize the driver's work so that he or she can return before the start of the normal weekly rest period of more than 45 hours taken in lieu.

UNTRR notes that the haulier must have written proof of compliance with this obligation and keep the relevant documents at its premises for possible production when requested by the regulatory authorities.