For many years, road transport operators followed a straightforward business model: complete an international delivery, accept several domestic loads within countries such as Germany or France, and return home without empty mileage. It was an efficient approach that met both operational and commercial expectations.

The introduction of the EU Mobility Package has fundamentally changed that model. Stricter cabotage rules, enhanced roadside enforcement and new digital monitoring systems now require transport companies and freight forwarders to plan domestic operations abroad far more carefully. Failure to comply can result in substantial financial penalties and operational disruption.

Cabotage Rules: Three Operations Within Seven Days

One of the key principles introduced by the Mobility Package is that cabotage is strictly linked to a preceding international transport operation.

Under Regulation (EC) No. 1072/2009, cabotage is intended only as a temporary transport service performed within a host Member State after completing an international delivery. A carrier cannot legally begin cabotage without first fully unloading goods transported from another country.

Once the international delivery has been completed, the vehicle enters a limited period during which cabotage is permitted. The operator may perform a maximum of three cabotage operations within seven calendar days from the date of the international unloading. Each operation—including loading, transport and unloading—must be completed within this seven-day period.

These time limits are closely monitored by enforcement authorities throughout the EU.

Correctly Counting Cabotage Operations

Roadside inspections frequently focus on transport documentation. For this reason, poor document management can quickly create compliance issues.

One of the most important practical considerations is the number of CMR consignment notes issued for a particular transport operation.

According to the European Commission’s guidance, a transport operation may generally be treated as a single cabotage operation only where it is covered by a single CMR document. This allows inspectors to match transport documentation with tachograph records and electronic toll data.

Where several CMR consignment notes are issued for the same vehicle movement, enforcement authorities may regard them as separate cabotage operations, potentially exhausting the permitted limit more quickly than intended.

The “Cooling-Off” Period – A Common Misunderstanding

The introduction of the Mobility Package also brought the so-called cooling-off period, which has often been misunderstood within the transport industry.

Some operators mistakenly believe that briefly leaving a country allows the same vehicle to return immediately and continue performing cabotage operations.

In reality, the legislation imposes a mandatory four-day cooling-off period during which the same vehicle—not the driver—is prohibited from carrying out further cabotage operations in the same Member State.

The purpose of this rule is to prevent carriers from effectively conducting permanent domestic transport activities within another country. Modern enforcement systems, including automatic number plate recognition (ANPR) technology and electronic toll databases, enable authorities to verify vehicle movements and identify breaches with increasing accuracy.

Cross-Trade and Cabotage – Understanding the Difference

Transport operators carrying out international operations across several EU Member States often confuse cross-trade with cabotage, despite the fact that they are subject to different legal regimes.

Cross-trade involves transport between two Member States by a carrier established in a third Member State and is generally governed by different rules from domestic cabotage operations.

EU legislation also permits limited cabotage following an empty entry into another Member State. For example, after completing an international delivery in Germany and entering France without a load, a carrier may perform one cabotage operation within three days of entry.

However, this operation must still fall within the overall seven-day period calculated from the original international unloading. The usual documentation requirements and IMI notification obligations continue to apply.

Commercial Contracts and Legal Risks

The Mobility Package has implications far beyond operational planning.

Most transport agreements contain contractual provisions making carriers financially responsible for procedural errors or missing documentation. Compliance with cabotage rules has therefore become an important contractual as well as regulatory issue.

The exact date and time of the international unloading now determine whether subsequent domestic transport operations are lawful. These operational details may also affect VAT treatment and other tax obligations in the relevant Member State.

Although parties remain free to allocate contractual liability under national civil law, this does not alter the carrier’s direct responsibility towards enforcement authorities. In practice, it is the carrier that bears the immediate risk of roadside inspections, vehicle immobilisation, financial deposits and administrative penalties.

Conclusion

The EU Mobility Package is far more than a reform of drivers’ social rules. It has fundamentally reshaped the way international road transport operations must be planned, documented and monitored.

Transport operators should ensure that dispatchers, planners and drivers fully understand the cabotage rules, maintain accurate documentation and carefully monitor statutory deadlines. Even relatively minor planning or administrative errors may lead to significant financial penalties and disruption to international transport operations.

Author: Mateusz Pernak
Lawyer, Trans Lawyers

www.translawyers.eu