FAQ

General Questions

• How do we learn about the latest changes in regulations?

  We regularly inform all companies, whether they are our clients or not, about changes in social regulations across various countries. Simply sign up here to stay updated.

• Can we report the drivers ourselves?

  Yes, transport companies can certainly report the posting of their drivers themselves. It is important that the submitted reports comply with the regulations of the country where the report is made, or according to the EU posting rules.

• What is the advantage of working with EXPO?

  Our expert team specializes in social regulations within the transport sector. We regularly track changes in minimum wage and regulations and have extensive experience in communication with regulatory authorities. With us, you are in safe hands.

• Do you offer a free trial period for collaboration?

  Free advice is always available. Our representation services are used commercially by companies from 10 European countries. In the first year of collaboration, we can offer you an introductory price.

• How much does EXPO’s representation service cost?

  The cost of our service depends on the number of drivers you send to a country where social regulations in the transport sector apply. For more precise information, simply send us a non-binding inquiry. Our prices are lower than those of our competitors, and the service is tailored to your needs.

• How long does it take to report a driver?

  Our team reports the driver to the relevant authorities immediately after receiving your request. We first check all data (social security numbers, whether the specified salary meets the legal minimum, etc.). This is the only way we can ensure that you do not risk high fines.

• What are the penalties if we do not report the drivers?

  If you are required to report the dispatch of drivers and fail to do so, the fines range between 1,500 and 6,000 euros depending on the country.

• Does EXPO have staff in all countries?

  Believe it or not – yes, we have staff in all the countries where we operate. Whether by happy coincidence or not – we work globally but act locally. Meet our team.

Practical Questions and Use Cases

• Austria: Application of Social Regulations to Non-EU Countries

  We are a transport company based in Bosnia and Herzegovina and are not required to report the dispatch of drivers to Austria. Does this mean that Austrian social regulations do not apply to us?

  No, all transport companies are required to comply with social regulations in Austria. Although the reporting obligation only applies to companies based in the EU, all drivers must carry proof that the employer pays the salary according to the applicable collective agreement.

• France: Use of Rest Periods in the Driver’s Cabin

  We are a company that carries out transport with vehicles up to 3 tons. Do our drivers have to follow the rule that they must sleep outside the vehicle during the rest period when traveling in France?

  The regulation on the use of weekly rest periods applies to all professional drivers. According to EU regulations, it is prohibited to sleep in the driver’s cabin during the regular weekly rest period (“45”) and it also applies to vehicles up to 3.5 tons.

• Germany: Request for Inspection

  We received a request from the German Customs Authority (ZOLL) to inspect the application of the Minimum Wage Act in Germany (MiLoG). Are we required to submit the requested documents, and what are the consequences if we do not?

  You are required to comply with the authority’s request and submit the requested documents. Otherwise, the authority will initiate an administrative offense procedure against the responsible person and impose a fine on the company. The fine ranges from 6,000 to 30,000 euros. In cases of particularly severe violations, criminal proceedings may also be initiated.

• Netherlands/Denmark: Application of Social Regulations

  Our partners from Slovenia have recommended EXPO as a reliable partner. In addition to France, Germany, and Austria, you also have representatives in the Netherlands and Denmark. Do we need to report our drivers in these countries?

  The reporting obligation for drivers depends on the country in which the transport company is based. The application of social regulations, including the obligation to pay the minimum wage, applies to all transport companies. EXPO has its own staff in the Netherlands and a representative in Denmark.

• Serbia: Calculation of Minimum Wage

  Our drivers have above-average salaries, but the gross salary is lower than the statutory minimum wage in most countries we travel to. Can the daily allowances be counted as paid salary?

  A portion of the daily allowances can be recognized as a supplement to the base salary after deducting non-allowable costs for meals during a business trip. This is provided that the amount of meal costs is prescribed by the home country and that the difference up to the full daily allowance is regulated by internal company policies or in the employment contract. For more information and advice, please contact our team. The applicability of daily allowances to the hourly wage varies for each EU member state and requires different considerations.

• Austria: Fine for Additional Loading on the Way from Germany to Serbia

  We carry out transport with vehicles up to 3.5 tons, which are liberalized according to CEMT. The Austrian authorities fined us for additional loading on the way from Germany to Serbia, which we delivered to Austria. We believe this is a violation of CEMT rules. Were we fined unjustly?

  The Austrian authorities insist that for small vehicles, for which no CEMT permit for bilateral transport is required, only the rules that apply to large vehicles with CEMT permits apply. CEMT liberalization does not mean that cabotage within the EU is allowed.

• Germany: Seizure of Freight Payment

  Due to minimal deviations in dimensions, the German authority has announced that it will seize an amount that is many times higher than what we received for the disputed trip, and they did not even recognize the actual costs (fuel, tolls, driver’s salary). The driver was fined on site. How should we proceed?

  The German authority uses the opportunity to seize profits obtained through unlawful actions according to the Administrative Offenses Act. Contesting this penalty in court is unlikely to succeed, as German courts generally decide in favor of the authority. Our team has achieved a reduction of the amount in over 100 similar cases.

• Germany: Fine Notice Without Appeal Option

  Recently, we received a fine notice against which we cannot file an appeal because the deadline has already passed. What should we do?

  Some administrative offense authorities in Germany and Austria issue notices to foreign legal and natural persons through “public delivery,” i.e., by posting on the notice board. After the deadline for appeal or complaint has expired, the notice becomes final. Such situations can only be avoided if you have a representative in Germany who is authorized to accept documents and whom the drivers can name during a check.

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