Posting drivers to Germany: requirements, wages and penalties 2026
Published and reviewed: 3 July 2026 · Verified against Directive (EU) 2020/1057, gesetze-im-internet.de (MiLoG, AEntG), the BMAS and the Zoll.
In 30 seconds
- When to declare: cabotage within Germany and cross-trade (e.g. France→Germany) require a prior declaration on the RTPD portal, per driver. Bilateral Spain↔Germany and transit: exempt.
- Wages: Mindestlohn 2026 = €13.90/h gross (€14.60 from 2027). There is no generally binding sectoral agreement: the statutory minimum is the floor.
- Fines: not declaring, up to €30,000 per infringement; paying below the minimum, up to €500,000.
- The German shipper is liable as guarantor of your drivers' wages: expect it to ask for proof of compliance.
When must you declare a posting to Germany?
You must declare when the driver carries out cabotage within Germany or cross-trade loading or unloading in Germany (transport between two countries when neither is Spain, e.g. Netherlands→Germany). Transit (crossing Germany without loading or unloading) and bilateral transport between Spain and Germany are exempt, including up to 1 additional loading/unloading on the outbound leg and 1 on the return leg (or 2 on the return leg) with a smart tachograph v2 [art. 1(3)-(7) of Directive (EU) 2020/1057]. The Zoll confirms this boundary and warns that the FKS can check on the spot whether the exemption genuinely applies.
The general rules, with a full decision tree, are in our posting declaration (IMI) guide — or check your case in 1 minute with the "Do I need to declare?" checker.
Golden rule: being exempt from declaring does not mean being exempt from the A1 certificate, which always applies — including in bilateral and transit operations.
Where do you declare? The RTPD replaced the Meldeportal
The declaration is filed exclusively on the European RTPD portal (postingdeclaration.eu): filed by the company (not the driver), before the posting starts, one per driver and per country, valid for a maximum of 6 months, renewable. The form is multilingual and standardized: there is no need to translate it into German.
Since 2 February 2022, EU companies no longer use the German Meldeportal-Mindestlohn for drivers: the Zoll keeps it only for hauliers from third countries. The current German transposition is the driver posting law of 30 June 2023 (KraftfEntSG, BGBl. 2023 I No. 172), which integrated the regime into the AEntG.
What wage must you pay in Germany in 2026?
During the time posted in Germany (cabotage or cross-trade), the driver is entitled to the Mindestlohn from day one, if it's higher than their wage for that time:
| Period | Gross hourly Mindestlohn |
|---|---|
| 2026 (from 1 January) | €13.90 |
| 2027 (from 1 January) | €14.60 |
Source: BMAS and Mindestlohnkommission.
German freight transport has no generally binding collective agreement (agreements are regional and not erga omnes), so the floor owed to the posted driver is the statutory minimum. Allowances that compensate for the posting count unless they reimburse actual expenses: per diems and reimbursements for travel, accommodation or meals do not count, and in case of doubt they are treated as expenses [art. 3.7 of Directive 96/71].
What must the driver carry on board in Germany?
The same as anywhere in the EU, and nothing more can be required on the road [AEntG §19(2a)]: the copy of the RTPD declaration, the consignment note (CMR or e-CMR) and the tachograph records with country symbols. The contract, payslips and proof of payment are requested afterwards via IMI, with an 8-week deadline. Keep the documentation for a minimum of 2 years [MiLoG §17 / AEntG §19].
Penalties in Germany (2026)
| Non-compliance | Penalty | Legal basis |
|---|---|---|
| Not filing the RTPD declaration, not giving the driver a copy, not submitting documents via IMI | Up to €30,000 per infringement (each omitted declaration is an infringement) | AEntG §23(3) |
| Paying below the Mindestlohn | Up to €500,000 + possible exclusion from public contracts | MiLoG §21(1) No. 13 and (3); AEntG §23 |
| Engaging a subcontractor knowing it underpays the minimum | Up to €500,000 (for the client) | MiLoG §21(2) / AEntG §23(2) |
| Incomplete time records | Up to €50,000 | MiLoG §21(3) |
| Regular weekly rest (≥45 h) in the cab | Prohibited; reference fines of ~€500 (driver) / ~€1,500 (company) and immobilization until the rest is completed elsewhere | FPersG (BALM catalogue) |
The pattern to understand in Germany: the fine for not declaring is the entry point — detecting it usually triggers an in-depth Zoll (FKS) audit of wages for the whole period, where the risk escalates to €500,000. Calculate your exposure with the penalty calculator.
Who enforces it and how
On the road, the BALM (Bundesamt für Logistik und Mobilität, formerly BAG) checks the RTPD declaration, cabotage, tachograph and driving times. Wage and working-condition checks fall to the Zoll — Finanzkontrolle Schwarzarbeit (FKS), which acts after the fact on payslips and records. The typical pattern of a German case file: BALM roadside check → documentary request via IMI → FKS audit.
The German shipper is your forced ally: it is civilly liable as guarantor of your drivers' net minimum wage (AEntG §14) and risks a fine of up to €500,000 if it knowingly contracts with a non-compliant haulier. That's why German clients ask for RTPD declarations and confirmation of minimum-wage payment before contracting — arriving with your homework done is a commercial advantage, not just a requirement.
MovingCert files and renews your declarations for Germany and warns you before they expire — and with them, all 5 transport formalities on a single platform: IMI, DeCA, e-CMR, A1 and CAP.
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Create accountFrequently asked questions
What is the German minimum wage for posted drivers in 2026?
€13.90/h gross (Mindestlohn 2026; €14.60 from 2027). With no generally binding sectoral agreement, it is the floor owed in cabotage and cross-trade.
What is the fine for not declaring in Germany?
Up to €30,000 per infringement [AEntG §23(3)] — each omitted driver declaration counts separately. The bigger risk is on wages: up to €500,000 for underpaying the minimum.
Does the Meldeportal for drivers still exist?
Not for EU companies: since 2-2-2022 only the RTPD portal is valid. The Meldeportal remains for hauliers from third countries.
Is the German shipper liable if the haulier fails to comply?
Yes: it is civilly liable as guarantor of the subcontractor's drivers' net minimum wage and risks a fine if it knowingly contracts with a non-compliant haulier. That's why it demands proof of compliance.
Do you have to declare a bilateral Spain↔Germany?
No: bilaterals and transit are exempt. Cabotage within Germany and cross-trade must be declared. The A1 always applies.
How long must the documentation be kept?
A minimum of 2 years. Post-posting requests arrive via IMI with an 8-week deadline to respond.
Other countries
2026 posting requirements in: France · Italy · Belgium · Netherlands · Portugal · Spain
Official sources
- Directive (EU) 2020/1057 — EUR-Lex
- Zoll — Mindestlohn in cross-border transport
- AEntG §23 — gesetze-im-internet.de · MiLoG §21
- BMAS — Mindestlohn 2026/2027
- Driver posting law (KraftfEntSG), BGBl. 2023 I No. 172
- BALM — Controls · RTPD portal
This content is informational and does not constitute legal advice. Figures verified as of 3 July 2026. Fines for cab rest come from the sanctions catalogue and may vary by case.