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Norway’s next step in aligning its legislation with the Mobility Package. It’s about posting of drivers

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Norway is implementing the EU Mobility Package regulations into its legislation one step at a time. More changes have taken place this month.

The registration of transport and posted drivers in the EU’s IMI system, an important part of the Mobility Package, was implemented in Norway at the beginning of November. 

Jone Klingsheim, business advisor to the Norwegian carrier association NLF, points out that international transport with cargo to and from Norway and transit are not subject to registration with IMI.

“To put it simply, this means that what we call bilateral transport, i.e. when you pick up goods in Norway and live abroad and load goods abroad for transport to Norway, is not affected by the regulations as we know them today,” says Klingsheim.

Who is subject to registration with IMI?

Arbeidstilsynet, the Norwegian Labour Inspectorate, specifies that the following freight transports carried out in vehicles over 3.5 tons are covered by the posting regulations in Norway:

  • when both the loading and unloading of goods takes place in Norway (cabotage),
  • where the initial or final journey by road is part of a combined transport journey, unless the journey by road itself constitutes “bilateral transport”,
  • where transport is carried out between Norway and another country (transport from a third country), if:
    • none of the countries is the country in which the employer is based,
    • transport is not a so-called ancillary activity.

The Norwegian Labour Inspectorate (Arbeidstilsynet) explains that all employers must register the posting of drivers to Norway, even if the company is not registered in an EEA country.

Registration of posting shall be made by submitting a declaration of posting at the latest at the beginning of the posting period.

If the carrier is registered in an EEA country or in the UK, the posting must be notified through the Internal Market Information (IMI) System.

What do drivers need to have with them?

Arbeidstilsynet also reminds that drivers should have the appropriate documentation aboard the truck. During a roadside check in Norway, according to the regulations there, they must produce:

  • a copy of the declaration of posting submitted in accordance with the regulations,
  • documentation on transport orders taking place in Norway, e.g. electronic consignment note (e-CMR) or documentation on incoming international transport and all subsequent cabotage orders,
  • a printout from the tachograph containing information on border crossings.

Moreover, after the period of posting in Norway, the carrier may be requested by the Norwegian Labour Inspectorate to provide further documentation on the driver’s pay and working conditions. Pursuant to the regulation of the Ministry of Labour and Social Inclusion on posted workers, the company must then provide:

  • documentation on transport orders taking place in Norway, e.g. electronic consignment note (e-CMR) or documentation on incoming international transport and all subsequent cabotage orders,
  • a printout from the tachograph containing information on border crossings,
  • documentation on the driver’s salary, e.g. payslips,
  • an employment contract or its equivalent, accepted in the country where the company is established and which meets the requirements of Directive 91/533/EEC,
  • driver’s time sheets,
  • confirmation of payment of salary.