What is cabotage?
The word “cabotage” itself comes from the name of the famous Italian sailor Giovanni Caboto, and originally referred only to shipping, specifically coastal shipping, which Caboto specialized in. Over time, the term also came to be used in the context of transporting goods by land and air.
What is the definition of cabotage transport?
In 2022, the original meaning of cabotage has somewhat blurred – the term is now mainly used in the context of international transport and means the transportation of goods within one country by a vehicle registered in another country.
The definition of cabotage also appears in the European Parliament and Council Regulation (EC) No. 1072/2009 of October 21, 2009:
Cabotage – domestic commercial transportation performed temporarily in the host Member State in accordance with this Regulation.
What conditions must be met to provide cabotage services?
Any carrier that wants to perform cabotage within the European Union must meet a number of conditions. The most important of these is the possession of a Community carrier’s license – this applies to transports performed with vehicles with a GVW of 2.5t to 3.5t. The driver, in turn, should have a driver’s certificate, but only if he comes from a non-EU country.
The idea of cabotage transport is avoiding the so-called. “empty runs”, i.e., situations in which an unladen car travels long distances (for example, the return journey from the point of unloading to the base). Cabotage, therefore, as a rule, must follow international carriage. What’s more, the cabotage carriage must be carried out with the same vehicle used to perform the international carriage (or with the same motor vehicle if the order was performed by a team of vehicles).
EXAMPLE
The driver of the transport company left the Klobuck Depot with a load he was bringing to Nijmegen in the Netherlands. On the return journey (via Germany), the carrier may choose to perform cabotage – for example, to pick up cargo from Bielefeld in Germany and deliver it to Leipzig.
However, this is not the end of the conditions necessary for carriers to meet. There is a limit to the number of cabotage operations that can be carried out on the territory of a single EU country – a haulier may carry out a maximum of three cabotage operations, but the last of the unloadings must take place no later than seven days after the last unloading resulting from an international carriage.
EXAMPLE
The aforementioned driver unloaded in Nijmegen on Friday, March 18. He then set off on his way back to Poland via Germany. He picked up the cargo in Bielefeld, Germany, and delivered it to Leipzig. He picked up another cargo from Leipzig, which he then transported to Dresden. The driver checked in in Dresden on Thursday, March 25 – meaning that he fit the numerical limit (two cabotage transports) and managed to complete them within seven days of the last unloading from an international transport.
In February 2022, the Mobility Package legislation was introduced – it significantly affected international transport in general, including cabotage. As of this year, carriers are not allowed to carry out cabotage operations with the same vehicle in one EU member state for four days after completing cabotage in the same state (previously the required break was three days).
Moreover, while the number of cabotage operations allowed within a single country does not change (a maximum of three transports), the carrier must ensure that they are followed by a cooling-off period, i.e. a break of no less than four days. It is the carrier’s responsibility to prove that it has not provided cabotage service for a minimum of four days. For this purpose, he should submit waybills or other documents certifying compliance.
Cabotage law – the most important documents
The aforementioned Regulation No. 1072/2009 is significant in that until recently it was the document that regulated cabotage transport.
It wasn’t until 2020 that the Regulation (EU) 2020/1055 of the European Parliament and of the Council of July 15, 2020. amending Regulations (EC) No. 1071/2009, (EC) No. 1072/2009 and (EU) No. 1024/2012 to bring them into line with developments in road transport, which introduced significant changes.
The real revolution, however, came with the introduction of the Mobility Package – we’ve already highlighted some of the changes above, but the entire set of regulations affects many more aspects of international and intra-Community transport than just cabotage.
What documents does a carrier need to perform cabotage transport?
Any carrier wishing to perform cabotage must have an international bill of lading (the so-called CMR letter) and waybills certifying that each cabotage carriage was performed (or similar documents in lieu of waybills).
However, proper preparation for cabotage operations requires compliance not only with EU, but also with national road transport regulations. Individual countries have a great deal of freedom in determining such aspects of transportation as:
- permissible weight and dimensions of vehicles;
- transportation agreements;
- The working time of drivers when transporting dangerous goods, perishable goods, etc.
It is worth remembering that EU member states are obliged to apply the same rules to both domestic and foreign carriers – thus ensuring equality and fair treatment of carriers.
Cabotage permit in Poland
Carriers registered outside Poland can perform cabotage operations without any additional documents – this applies to carriers and vehicles registered in countries of the European Union, Norway, Iceland, Switzerland or Liechtenstein. Carriers and vehicles registered in other countries must obtain the appropriate permit. How to do it?
A completed application for a cabotage permit must be submitted to the Chief Road Transport Inspectorate, along with two positive opinions issued by nationwide road carrier organizations.
If your application is successful, a fee of PLN 3,000 will need to be paid. Once the funds are credited to the GITD account, the permit will be issued. The entire process usually takes about a month, but may extend up to two months in justified cases. Refusals may be appealed within 14 days of receipt of the decision.
Cabotage vs. combined carriage
Let’s start with a reminder of what combined carriage is:
Combined carriage – carriage of goods, during which a truck, trailer, semitrailer with or without a towing unit, swap body or 20-foot or larger container uses the road in the initial or final section of the carriage, and in the other section uses the service of rail, inland waterway or sea transport, with the sea section exceeding 100 km in a straight line.
for: gov.pl
What is important in the context of cabotage and combined transport is that recent EU legislation (as part of the Mobility Package) has introduced the possibility of applying national regulations to cabotage, which is the first or last leg of combined transport. In order for a member state to exercise this option, it must notify the European Commission of the relevant legislation.
Examples of penalties for cabotage offenses
Efficiently navigating through the maze of regulations is not easy, but necessary to avoid unpleasant consequences. The issue of punishment for transportation offenses was left to individual countries, and so:
- In Poland, the penalty for performing cabotage operations without the appropriate permit is a two-year ban on cabotage operations. In turn, performing international transport without permits carries a fine of PLN 12,000.
- In Germany, cheating on the tachograph can result in a fine in the range of EUR 15,000-18,000. Fines are combined, so if more than one offense is found, the amount to be paid can be many times higher.
- In France, there is a penalty of up to €30,000 for not complying with the regular weekly rest regulations. On the other hand, refusal to show documents for roadside inspection can even end up in jail (the law provides for a prison sentence of up to 6 months).
