Posting declaration – obligations when posting drivers to the UK [post-Brexit]

Following the United Kingdom's departure from the European Union, the legal situation for EU drivers operating in the UK changed significantly. One of the less widely known but important consequences of Brexit is the potential for those drivers to be covered by UK posted workers legislation. This applies primarily to EU-based companies — including Polish hauliers — whose drivers carry out cabotage or cross-trade operations within the UK. Failure to comply with posting requirements can result in financial penalties, difficulties during DVSA roadside checks, and even challenges to the legality of employment contracts. This article explains: what posting of workers means in a transport context, when UK rules apply, what documents are required, what DVSA checks at the roadside, and the practical implications for Polish haulage companies.

Official source: GOV.UK – International road haulage: what operators need to know

---

What is posting of workers and why it affects road transport

Posting of workers is the practice of an employer temporarily sending an employee to work in another country. Within the European Union, the Posted Workers Directive (96/71/EC and its 2018 amendment) sets out the minimum employment rights that apply to posted workers.

After Brexit, the UK introduced its own posting rules which — unlike the EU Directive — apply to EU drivers entering the UK. The road transport sector was for a period exempt from the full posting rules due to the specific nature of transit movements. However, from 2 February 2022 the EU's driver posting rules under the EU Mobility Package came into force, while the UK maintains its own parallel regime.

The key question for a Polish haulier: does my driver carrying out operations in the UK count as a "posted worker" under UK law?

---

When do posting rules apply to Polish drivers in the UK

Not every journey through the UK triggers posting obligations. The distinction is crucial:

Type of operation	UK posting?
Transit through the UK (goods not unloaded in the UK)	NO
Bilateral UK–PL (loaded in Poland, unloaded in the UK or vice versa)	Generally NO — but depends on the length of stay
Cross-trade (e.g. DE–UK–FR, where the UK is a mid-point with loading/unloading)	YES — may apply
Cabotage (loading and unloading both within the UK)	YES — applies above 28 days

The key threshold: if a driver spends more than 28 days in a given destination country (calculated cumulatively over 4 months), posting rules may apply.

Important note: After Brexit, access to cabotage in the UK for EU carriers is severely restricted — no more than 2 cabotage movements within 7 days following a bilateral journey. Exceeding cabotage limits is a separate offence.

---

Formal obligations when posting drivers to the UK

If your drivers qualify as posted workers in the UK, the employer (transport company based in Poland/EU) has the following obligations:

1. Posting declaration A formal notification to the relevant UK authority of the fact that a worker has been posted. In the UK, the notification system for the transport sector was in the process of being implemented — check the current requirements on GOV.UK, as the rules in this area continue to evolve.

2. A1 certificate (or UK equivalent) The A1 form (EU social security coordination form) confirms which country's social security system the worker belongs to. A driver posted from Poland to the UK may need: - An A1 form from ZUS (if remaining within the Polish social security system) - Or registration with the UK National Insurance system

After Brexit, the relationship between ZUS and HMRC on social security coordination is governed by the UK–EU Trade and Cooperation Agreement (TCA). The driver should carry documentation confirming their insurance status.

3. UK National Minimum Wage / National Living Wage If a driver is "posted" within the meaning of UK law, they must receive at least the UK minimum wage for the duration of the posting (National Living Wage for those aged 23 and over: £11.44/hour in 2024).

4. Record-keeping The employer is required to retain documents evidencing: terms of employment, remuneration, working hours, and insurance — for a minimum of 2 years from the end of the posting.

---

What DVSA checks during a roadside inspection

Drivers from EU transport companies should be prepared for the following questions and document requests from DVSA or Border Force officers:

What is checked	Document
Driving licence (category, validity)	PL/EU driving licence
Digital tachograph card	Driver card
Compliance with drivers' hours rules	Tachograph data, digital files
Vehicle licence (Community Licence or UKLC)	Copy of licence in vehicle
CMR / cargo documents	CMR consignment note
Social security status	A1 or equivalent
Employer contract / certificate	If illegal employment is suspected
Posting declaration	If applicable — confirmation of notification

DVSA may immobilise a vehicle where violations are found. If the driver's employment status cannot be clarified on the spot, the vehicle may be held until the position is resolved.

---

Transit through the UK — no posting obligation

An important distinction for Polish companies: transit through the UK is not subject to posting of workers rules.

Transit means: the vehicle enters the UK with goods loaded outside the UK and leaves the UK without any unloading on UK territory. Example: a ferry from Calais to Dover, driving on the motorway, then a ferry from Portsmouth to Santander — with no stop and no unloading in the UK.

For transit operations: - Posting of workers rules do not apply - An A1 is not required specifically for posting purposes (though it is advisable to carry one) - A GMR (GVMS) is still required for port entry

---

Penalties for missing a posting declaration and documentation

Breaches of UK posted workers rules may result in:

Offence	Potential penalty
Missing posting declaration (where required)	Administrative penalty — amount dependent on UK regulations
Paying below NMW/NLW	Penalty up to £20,000 per worker + arrears of wages
Missing social security documentation	Employment legality issues, potential HMRC contributions liability
Illegal cabotage (>2 movements / 7 days)	Penalty up to £5,000 + vehicle immobilisation

Pay particular attention to wages: if HMRC determines that a driver was working in the UK under posting rules and was not receiving the National Minimum Wage, the employer is liable for the wage arrears with interest.

---

Practical advice for Polish companies operating in the UK

1. Establish with a lawyer whether your drivers qualify for posting — a straightforward analysis of routes and number of days in the UK will clarify the formal obligations

2. Obtain A1 certificates for drivers making regular trips to the UK — ZUS issues A1 forms on request from the employee or employer

3. Monitor the time each driver spends in the UK — keep records that demonstrate the driver has not exceeded cabotage limits or posting thresholds

4. Retain CMR documents and cargo paperwork — these confirm the nature of the operation (bilateral, transit, cross-trade)

5. Stay up to date — the rules in this area are relatively new and continue to evolve. Check GOV.UK regularly and consult a customs agent or transport adviser