Last Updated on March 23, 2023
Legislative Decree No. 27 of 23 February 2023 transposing Directive 2020/1057 on the posting of drivers in the road transport sector has been published in the Official Gazette.
The decree, in line with the directive, states in particular, the applicability of the rules on posting to cabotage transport, while excluding its application to drivers carrying out transit operations, bilateral transport of goods or passengers.
The measure, therefore, provides several obligations for employers posting workers to Italy as follows:
- submission of the posting declaration at the latest at the commencement of the posting, ensuring that the declaration contains certain essential information;
- updating of the information in the posting declaration within 5 days of the event causing it to be updated;
- ensuring that drivers have the necessary documentation at their disposal (e.g. copy of posting declaration, tachograph records);
- transmission of posting documentation to the competent authorities no later than 8 weeks from the date of the request.
In case of violation of the decree provisions, employer may incur in fines of up to 10,000 euros per violation.
In addition, the drivers themselves are now also subject to specific obligations such as, for example, the obligation to keep and, if necessary, present documentation on the posting to the traffic police. Also in this case, infringements will entail the application of fines.
Finally, the decree also amends Legislative Decree No. 144/2008 concerning checks on the violation of working hours, driving times and rest periods of lorry drivers, increasing the frequency of the aforementioned checks.
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