16 September 2022

EC UPDATES GUIDANCE ON THE RETURN OF THE VEHICLE

The European Commission published this week a revised version of its guidelines on the application of the rule on the regular return of the vehicle in the Member State of establishment every eight weeks, which no longer include trailers and semi-trailers in the scope of the rule.

The guidelines now state that the obligation applies to motor vehicles or combinations of vehicles used for the international carriage of goods for hire or reward that leave the Member State of establishment, and that are at the disposal of the road haulage operators. Furthermore, in case of a roadside check, the undertaking may demonstrate compliance with the obligation at a later stage through documents and evidence available at the premises of the undertaking.

CLECAT welcomes the clarification by the European Commission, after having repeatedly raising concerns to DG MOVE over the inclusion of trailers and semi-trailers in the scope of the rule. The revised guidelines now bring more legal certainty and would ensure a better enforcement of the rule on the return of the vehicle, which better reflect the legislators’ intention.