Take care if you are going to, or do cabotage in France.
It is called “Loi Macron”
As of the first of july 2016 the minimum wage for foreign lorry and bus drivers has started.
To complicate things (it is the french…) every driver needs to carry a copy of his employment contract, a attestation, filled in by his boss, and his boss needs a fiscal representation in France ( available 24/7) who holds another set of copies.
Dutch and belgian hauliers have already protested, because of the forms only came available on the 29 th of june and therefore time was to short. Also they claim that France has complicated things unnecesary and that it will an add an extra cost ( I presume representation will not be free) to already struggling hauliers… Also the european commission has already started a procedure against the french.
Knowing them, they will start fining asap and fines will be eyewatering as usual
Edit: filled in name of law so it is easier to verify
The information I got from the RHA suggests it’s not only cabotage that will be affected:
The French administration intends to apply the widest possible interpretation of posting; therefore, Loi Macron applies with regard to operators established outside France to: - all transport operations in the French territory (be it cabotage, point-to-point international transport, cross – trade); HOWEVER - pure transit operations are exempted (this includes occasional coach transport with tours being made in France without picking up or letting off passengers); - self-employed drivers are exempted (self-employed status to be proven by presenting an excerpt from a business register); - own account transports are exempted.
The French representative should hold all driver records, including pay and working hours and crucially they should be sent before any request by the French authorites.
We work with a French company, but I’m not sending them pay and working hours on the off chance we get a pull. It’ll be interesting to see how this pans out.
The Germans seem to have gone quiet on their Mindestlohn (sp), wonder if this may stir things up.
albion:
The information I got from the RHA suggests it’s not only cabotage that will be affected:
The French administration intends to apply the widest possible interpretation of posting; therefore, Loi Macron applies with regard to operators established outside France to: - all transport operations in the French territory (be it cabotage, point-to-point international transport, cross – trade); HOWEVER - pure transit operations are exempted (this includes occasional coach transport with tours being made in France without picking up or letting off passengers); - self-employed drivers are exempted (self-employed status to be proven by presenting an excerpt from a business register); - own account transports are exempted.
The French representative should hold all driver records, including pay and working hours and crucially they should be sent before any request by the French authorites.
We work with a French company, but I’m not sending them pay and working hours on the off chance we get a pull. It’ll be interesting to see how this pans out.
The Germans seem to have gone quiet on their Mindestlohn (sp), wonder if this may stir things up.
Yes, it’s not only cabotage but all transport operations with the exemptions you mentioned. I worded that wrong.
The french representative does not necesarely has to be a company, according to Febetra (Belgian RHA) a relative or a very good friend should do as well and seeing the rates these so called official representatives charge…
According Febetra, you should be ok with a pay slip, a copy of your labour contract and that attestation model 1: developpement-durable.gouv.f … sport_.pdf
This law was made to stop EE hauliers, but by making it very complicated, it will mean money from western companies will be easier to cash.
I think we are all waiting for the first few pulls from our French friends to happen and take it from there. With luck, they will target the countries where they know the pay is lower and not those where pay is comparative of higher.
Our French contact is not charging us, though should he need to act on our behalf, I have already said I am happy to reimburse him for his time.
Not heard of anyone being asked for it I think you have to have an agent who deals with the paperwork, my guess is that it will drivers on EE plates who will be asked for it. The French are great for doing their own thing and playing by EU rules when it suits them, best quote from a gendarme when stopped the card was legal but he felt the breaks should have longer, I pointed out that under EU regs it was legal, his reply was “Ahh my friend but you are in France now”, obviously France was on a FREXIT day that day.
Ive been asked for it, and know of a fine paid because one was out of date. (Renewable 6months?) I cant remember the amount.
If you get a pull by a couple of bored cops, maybe they wont ask or bother. If its a check with the Ministry there, its a good chance they will look for everything. My last check took 50mins and I left with a clean “Bulletin De Control”.
sheep1:
OK thanks
My mates been going over and didn’t know about this law
He thinks he will be ok with not getting a agent
Guess he will be ok if he has everything required it is just that the French generally stop speaking English when a problem arises and just tell you how many euros will solve it
sheep1:
OK thanks
He has not registered for this
Was it a massive fine ?
Whats massive? :smiley: I cant remember what fine was paid, but it seems that its a max of 2,000 for first offence. (Or 4,000 if double manned, 2k each). The links above dont seem to work for me, try this: ecologique-solidaire.gouv.f … t%20AN.pdf
English version.
Wrong paperwork doesnt result in couple of hours delay, followed by a Gendarme letting you go as he heads off to dinner. Some "petty", "its only paperwork" offences are attracting big fines.
Does the legislation apply to self-employed workers? How are these workers identified? • Seld-employed workersare not covered by the rules governing posting of workers and, therefore, are not bound by the duty of declaration, whether under common law or under the specific provisions governing inland transport. • The status of self-employed workers remains entirely independent from the rules set out in the French Transport Code. No specific documents are required as proof of self-employed status. However, in the event of an inspection, it may be useful to provide a document confirming that the party in question has self-employed status, as governed by the legislation of the self-employed worker’s country of residence.
sheep1: However, in the event of an inspection, it may be useful to provide a document confirming that the party in question has self-employed status, as governed by the legislation of the self-employed worker’s country of residence.
That’s my point, what documentation would prove self employed status to the satisfaction of a French Copper?
sheep1: However, in the event of an inspection, it may be useful to provide a document confirming that the party in question has self-employed status, as governed by the legislation of the self-employed worker’s country of residence.
That’s my point, what documentation would prove self employed status to the satisfaction of a French Copper?
I agree. Unless an Owner-Driver of course, same name on V5.
So, this is where the French representative, who has their SIRET number on the docs, (so is more or less a financial hostage!) can confirm to the police that all is well.
Except
sheep1:
He thinks he will be ok with not getting a agent
sheep1:
It’s says doesn’t matter if owner of vehicle
Still Need rep
“Ownership of the vehicle is irrelevant in terms of posted worker rights.”
My point is that a V5 in the same name as the driver may be sufficicent to establish “self employment”?
.
And you`ve said your mate reckons he will be OK without a rep?
His choice, of course.
A few years back, none of this existed, but it does today, and a few grand in fines for “silly bits of paper” happens.
Im not commenting on good/bad etc. Im not saying you can`t do many runs with no issues.
