Cabotage in the EU: the 3-operations-in-7-days rule

What cabotage is in road transport

Cabotage is the carrying out of national goods-transport operations within an EU Member State by a carrier established in another Member State. It is governed by Regulation (EC) No 1072/2009 of the European Parliament and of the Council.

The aim of the regulation is to liberalise the internal transport market progressively while avoiding “permanent cabotage”: a non-resident carrier may not operate on a continuous basis in a market that is not its own.

The basic rule: 3 operations in 7 days

After an incoming international carriage into a Member State, the carrier may perform up to 3 cabotage operations in that Member State within the 7 days following the last unloading of the incoming international carriage (Art. 8.2).

The 4-day cooling-off period

Since the 2022 reform (Regulation 2020/1055), there is a 4-day cooling-off period: once the 3 operations are used up or the 7 days have elapsed, the carrier may not carry out new cabotage operations in the same Member State until at least 4 days have passed since the last cabotage unloading.

The cooling-off period prevents cabotage cycles from being chained without interruption.

Entry unladen (without cargo)

If the vehicle enters the Member State without having performed an incoming international carriage with cargo, no right to carry out cabotage arises. The unloading of the international carriage is the triggering event.

However, the vehicle may perform a single cabotage operation within 3 days if it entered unladen and meets the conditions of Art. 8.2a.

Documents on board

During cabotage operations, the driver must carry on board:

• A certified true copy of the Community licence.
• The CMR consignment note (or waybill) of the incoming international carriage.
• CMR consignment notes for each cabotage operation already carried out.
• If the driver is a third-country national: a valid driver attestation.

Posting: driver secondment

Cabotage operations are treated as posting of workers operations (Directive 2020/1057 — lex specialis of the Mobility Package). The posted driver is entitled to the minimum remuneration of the host Member State and the declaration obligations in the IMI (Internal Market Information System) must be met.

Penalties for non-compliance

Penalties are a matter for each Member State and may include:

• Administrative fines (varying by national law).
• Immobilisation of the vehicle.
• Entries in the National Electronic Register of Road Transport Undertakings (ERRU).
• In serious or repeated cases, temporary withdrawal of the Community licence.

Visual summary