Obligations of the operator

Last updated 02/03/2022
If you are an operator, you have administrative obligations to meet prior to, during and after the posting of a driver. You can read more about your obligations here.

Prior to the posting period, the operator shall:

  • Complete and submit a posting declaration using the public interface connection to the Internal Market Information System (IMI)
  • The posting declaration shall be submitted at the latest prior to the commencement of the start time of the posting


The contents of the posting declaration:

 

  1. The identity of the operator, including the number of the Community license, if any
  2. Contact details relating to a contact manager or other contact persons in the Member State of establishment whom the Danish Road Transport Authority may contact and who can send out and receive documents or notices
  3. The identity of the driver, the address of the residence and the number of his/her driving license
  4. The start date of the driver’s contract of employment and the law applicable to it
  5. The envisaged start and end date of the posting
  6. The number plates of the motor vehicles
  7. Information indicating whether the transport operations are carriage of goods, carriage of passengers, international transport operations or cabotage.

 

During the posting, the operator shall ensure that the driver:

 

  • Has at his/her disposal and can present a paper copy of the posting declaration
  • Has at his/her disposal and can present documentation that the transport operations are taking place in Denmark
    • The name and address of the consignor
    • The type and weight of the goods
    • The agreed place and date of the taking-over of the goods for carriage
    • The agreed place of delivery of the goods
    • Indication of rail loading and rail unloading stations as for the railway line or indication of the load ports of ports of unloading as for the distance travelled by inland waterways The latter shall be confirmed by stamping made by the rail or the port administration at the railway stations or the riverports or seaports concerned when the part of the transport operation taking place by railway, inland waterways or by sea, respectively, has been terminated, or by any other proof, for instance a ferry crossing certificate.

The documentation may be a CMR consignment note or another freight document, providing that the said document contains the information required. The documentation may also be in electronic form. In practice, the documentation shall exist when the vehicle is stopped, and it shall be presented upon request by the control authorities. In practice, the driver is requested to be able to present the documentation within reasonable time from the stopping of the vehicle.

 

  • The operator shall also ensure that the driver can present tachograph data, in particular the country symbols of the Member States in which the driver has carried out one of the transport operations covered

Following completion of the posting, upon request by the Danish Road Traffic Authority, the operator shall: 

 

  • Submit documentation that the transport operations are taking place in Denmark
  • Submit tachograph records, in particular the country symbols of the Member States in which the driver has carried out one of the operations covered
  • Submit documentation relating to the remuneration of the driver in respect of the posting period
  • Submit a copy of the driver’s employment contract in respect of the posting period
  • Submit proof of payment of the driver’s remuneration in respect of the posting period
  • Submit time-sheet copies relating to the driver’s work in respect of the posting period
  • Submit proof of payment of the driver’s remuneration in respect of the posting period

 

The documentation shall be submitted no later than 8 weeks following the request of the Danish Road Authority.

No 92/106/EEC

Council Directive 92/106/EEC of 7 December 1992

Valid from

17/12/1992

Regarding the establishment of common rules for certain types of combined transport of goods between Member States.

No 1072/2009

Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009

Valid from

12/04/2009

Regarding common rules for access to the international road haulage market.

No 2020/1057

Directive (EU) 2020/1057 of the European Parliament and of the Council of 15 July 2020

08/01/2020

Laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for poosting drivers in the road transport sector and amending Directive 2006/22/EC as regards enforcement requirements and Regulation (EU) No 1024/2012