Key points:
- The legal basis for cabotage is Regulation (EC) No 1072/2009, amended by Regulation (EU) 2020/1055.
- In Germany, fines for the party commissioning the transport can reach €20,000; in France, up to €15,000.
- In Belgium, fines of around €2,000 must be paid on the spot, and Italy can impound vehicles for up to three months.
- Before commissioning cabotage, a forwarder should obtain consignment notes, a certified copy of the Community licence and driver documents.
- A carrier may perform up to 3 domestic operations within 7 days of entry, followed by a 4-day cooling-off period.
The legal basis for the current regulations can be found in two documents:
- Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market.
- Regulation (EU) 2020/1055 of the European Parliament and of the Council of 15 July 2020 amending Regulations (EC) No 1071/2009, (EC) No 1072/2009 and (EU) No 1024/2012 with a view to adapting them to developments in the road transport sector.
In Poland, cabotage is monitored by the Road Transport Inspection (ITD), with auxiliary support from customs services and the police. In Germany, enforcement is handled by BALM (formerly BAG), the Federal Office for Logistics and Mobility, also supported by the police and customs services. German authorities treat regulations very strictly, and fines for the transport contracting party can reach up to 20,000 euros.
Cabotage inspections in other countries
In France, compliance with cabotage regulations is monitored by the police and gendarmerie in cooperation with customs officers and labour inspectors. In this case, the upper limit for fines is 15,000 euros, and a violation can result not only in a fine, but also in vehicle impoundment and even imprisonment in cases of severe infractions.
Inspections in Belgium are carried out by transport inspectors in cooperation with local police. Fines are lower, around 2,000 euros, but must be paid immediately. If the driver cannot pay the fine on the spot, they cannot continue the transport operation.
High fines also apply in Italy, where they are imposed by the police and the transport inspectorate. In addition to fines, Italian authorities can order vehicle impoundment for up to three months.
Documents a freight forwarder must obtain from the carrier before commisioning cabotage:
- Consignment note from the previous, completed international transport – its essential to prove that cabotage could legally commence.
- Consignment notes for each domestic transport carried out after the aforementioned international transport – these allow verification of whether the carrier stays within the limit and can perform another cabotage run.
- Certified copy of the Community licence – this refers to the original document or a certified copy of the original, not a scan stored on a phone—most control authorities accept only original documents. Since 2022, carriers operating vans on international routes must also hold a Community licence.
- Driver documents – driving licence and driver card for the tachograph.
It’s important because the authorities inspecting cabotage operations will request these exact same documents and will additionally check tachograph data. This information allows them to establish key facts, namely:
- whether it actually qualifies as cabotage, i.e. whether entry from abroad preceded the domestic transport;
- whether no more than 7 days have passed since the moment of entry;
- how many domestic deliveries were performed during this period—the maximum is 3;
- whether the cooling-off period (a 4-day break between consecutive cabotage operations) was observed;
- whether each transport operation is confirmed with appropriate documentation.
The absence of any of these documents, or irregularities contained within them, exposes the freight forwarder to liability in the event of an inspection.
The driver may present documents in electronic form, but due to the risk of internet connectivity issues, the freight forwarder should require paper copies to be kept in the vehicle.
How to reduce the risk of fines for non-compliant cabotage?
The key is to maintain strict, real-time control over vehicles performing cabotage, allowing dispatchers to plan subsequent routes without fear of regulatory violations. You do not need advanced tools—a properly maintained spreadsheet is enough, though tracking operations via a TMS module or other specialised transport monitoring software is a significant help.
Furthemore, ensure that your carriers know the rules governing cabotage transport operations. Prepare a brief instruction manual in paper or online format outlining the most important cabotage rules—you can attach it to the contract or transport documentation and require the subcontractor to ensure their drivers review its contents. If necessary, organise a training session to clarify any pressing issues.
In the end remember that in cases of repeat offences, the fine amounts for illegal cabotage increase, so exercise particular care when auditing carriers that have violated regulations in the past.
This article is part of an educational series based on the guide “What Do Freight Forwarders Really Pay For? Financial Penalties and Liability Limits in the TSL Sector”, prepared by Transcash and TC Kancelaria Prawna. The editorial team at Trans.INFO is a partner in this project. The free guide is available in English at this link, and other articles in this series can be found under the tag #FreightForwardingPenalties.
