What is the fine for not declaring a posted driver in France?

Up to €4,000 per driver (amende administrative under arts. L.1264-1 and L.1264-3 of the Code du travail), €8,000 for repeat offences within 2 years, with an overall cap of €500,000. The fine is multiplied by each undeclared driver.

Do you have to declare a bilateral Spain-France transport?

No. Bilateral operations (origin or destination in Spain) and transit through France are exempt from the declaration. Cabotage within France and cross-trade (e.g. Italy→France) must be declared. The A1 certificate is a separate obligation and always applies.

Can the driver take the weekly rest in the cab in France?

The regular weekly rest (45 hours or more) in the cab is prohibited and is one of the most heavily enforced infringements in France: up to €30,000 in fines and 1 year's imprisonment for the company (art. L.3315-4-1 of the Code des transports).

Posting drivers to France: requirements, wages and penalties 2026

Q: What is the French minimum wage for posted drivers in 2026?

The SMIC in force since 1 June 2026 is €12.31 gross per hour (€12.02/h between January and May). It is the floor applicable to time worked in France in cabotage or cross-trade; for the high pay scales of the French transport collective agreement the rate may be somewhat higher. Per diems that compensate real expenses do not count toward that minimum.

Q: Does SIPSI still exist for drivers?

Not for EU heavy-vehicle transport companies: since 2 February 2022 the driver declaration is filed exclusively on the European RTPD portal (postingdeclaration.eu). SIPSI remains only for third-country companies, light vehicles, and postings outside Directive 2020/1057 (intra-group, temp agencies).

Q: Is a representative needed in France?

No. Under the Directive 2020/1057 regime (in force since February 2022), France can no longer require a representative or the former Loi Macron attestation from EU transport companies. The contact is the transport manager named in the RTPD declaration.

Published and reviewed: 3 July 2026 · Verified against Directive (EU) 2020/1057, the French Ministry of Transport (ecologie.gouv.fr), Légifrance and info.gouv.fr.

In 30 seconds

When to declare: cabotage in France and cross-trade (e.g. Italy→France) require a prior declaration on the RTPD portal, per driver. Bilateral Spain↔France and transit: exempt.
Wages: the posted driver is entitled to French pay from day one. SMIC 2026: €12.31/h gross since 1 June (€12.02/h from January to May). Per diems do not count.
Fine for not declaring: up to €4,000 per driver (€8,000 for repeat offences, capped at €500,000).
SIPSI is no longer used for drivers of EU companies, and no representative is needed in France.

When must you declare a posting to France?

You must declare when the driver carries out cabotage within France or cross-trade loading or unloading in France (transport between two countries when neither is Spain, e.g. Germany→France). You don't need to declare transit (crossing France without loading or unloading) nor bilateral transport between Spain and France, including up to 1 additional loading/unloading on the outbound leg and 1 on the return leg (or 2 on the return leg) if the vehicle has a smart tachograph v2 [art. 1(3)-(7) of Directive (EU) 2020/1057].

The rules on which operations require a declaration are the same across the EU: they're set out in full, with a complete decision tree and special cases, in our posting declaration (IMI) guide. And if you have doubts about your specific case, check it 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. The social-security A1 always applies, including in bilateral and transit operations. In France, moreover, the French client can face a penalty (~€3,900–4,000 per worker) if your driver operates without an A1, so they will require it from you.

Where do you declare? The RTPD replaced SIPSI

The declaration is filed exclusively on the European RTPD portal (postingdeclaration.eu), before the posting starts, one per driver, valid for a maximum of 6 months, renewable. Since 2 February 2022, EU heavy-vehicle transport companies no longer use SIPSI for drivers: the French system remains only for third-country companies, light vehicles and cases outside Directive 2020/1057 (intra-group, temp agencies), as confirmed by the French Ministry of Transport.

Another consequence of the change: a representative in France is no longer needed, nor the former Loi Macron attestation. The point of contact is the transport manager named on the RTPD declaration. The current French transposition is Ordonnance No. 2022-1293 (Légifrance), integrated into the Code des transports.

What wage must you pay in France in 2026?

During the time posted in France (cabotage or cross-trade), the driver is entitled to French pay from day one, if it is higher than their own. The reference floor is the SMIC, which rose twice in 2026:

2026 period	Gross hourly SMIC	Monthly SMIC (35 h)
1 January – 31 May	€12.02	€1,823.03
From 1 June	€12.31	€1,867.02

Source: info.gouv.fr and service-public.gouv.fr. The mid-year June revaluation was automatic due to cumulative inflation ≥2%.

Beyond the SMIC there is the French transport collective agreement (CCN transports routiers, IDCC 16), whose freight-sector scales rose 2.5% under the December 2025 agreement; for the high long-distance coefficient (150M) the published sectoral rates run around €12.43/h on hiring. After the June rise, the SMIC now exceeds the first coefficients of the collective agreement, so for most profiles the effective floor is the SMIC. Hours worked in France are also subject to French sectoral overtime premiums (+25% from the 36th to the 43rd hour, +50% from the 44th).

The costly mistake: paying a Spanish wage plus generous per diems does not equal the French minimum. Per diems and allowances that compensate real expenses (meals, overnight stay) do not count as wages for this purpose, and if you can't prove which part is an expense, all of it is presumed to be [art. 3.7 of Directive 96/71]. The comparison is made wage against wage.

What must the driver carry on board in France?

Three things, on paper or electronically: the copy of the RTPD declaration (the QR code), the consignment note (CMR or e-CMR) and the tachograph records with country symbols. Nothing more can be required on the road. The rest (contract, payslips, proof of payment) is requested after the posting through the IMI system, with an 8-week deadline to respond.

Penalties in France (2026)

Non-compliance	Penalty	Legal basis
Not filing the declaration (or an incomplete/false one)	Up to €4,000 per driver; €8,000 for repeat offences within 2 years; overall cap €500,000	Arts. L.1264-1 and L.1264-3 Code du travail
Not submitting the documentation requested via IMI (8 weeks)	Same amende administrative per worker	L.1263-7 + L.1264-1/-3 Code du travail
Regular weekly rest (≥45 h) in the cab	€30,000 + 1 year's imprisonment (company)	Art. L.3315-4-1 Code des transports
Driver without an A1	Penalty to the French client: ~1 monthly ceiling of French social security (~€3,900–4,000) per worker	L.114-15-1 Code de la sécurité sociale

The fine for not declaring is multiplied per driver, and vehicle immobilization is a common practical consequence of French checks: add the stopped load to the fine amount. Calculate your exposure with the penalty calculator.

Who enforces it and how

On the road, the contrôleurs des transports terrestres of the DREAL (together with police, gendarmerie and customs) scan the declaration's QR code, read the tachograph to reconstruct whether the operation was bilateral, transit, cabotage or cross-trade, and cross-check it against the CMR. The subsequent case file (wages, payslips) is handled by the labour inspectorate (DREETS), which imposes the administrative fines. France also checks the driver's return every 3-4 weeks and cabotage rules (max. 3 operations in 7 days + 4-day cooling-off period) in the same operations.

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Frequently asked questions

What is the French minimum wage for posted drivers in 2026?

€12.31/h gross since 1 June 2026 (€12.02/h from January to May). It's the floor for time worked in France in cabotage or cross-trade; the collective agreement's high coefficients may slightly exceed that figure. Per diems don't count.

What is the fine for not declaring in France?

Up to €4,000 per driver, €8,000 for repeat offences (2 years), capped at €500,000 [arts. L.1264-1 and L.1264-3 Code du travail]. It's multiplied by each undeclared driver.

Does SIPSI still exist for drivers?

Not for EU companies with heavy vehicles: since 2-2-2022 only the RTPD portal is valid. SIPSI remains for third countries, light vehicles and cases outside Directive 2020/1057.

Is a representative needed in France?

No. Directive 2020/1057 prohibits it and France removed it with the move to the RTPD. The contact is the transport manager on the declaration.

Do you have to declare a bilateral Spain↔France?

No: bilaterals and transit are exempt. Cabotage within France and cross-trade must be declared. The A1 always applies, including in exempt operations.

Can the driver take the weekly rest in the cab?

The regular weekly rest (≥45 h) in the cab is prohibited across the EU, and France is the country that enforces it most: up to €30,000 and 1 year's imprisonment for the company.

Other countries

2026 posting requirements in: Germany · Italy · Belgium · Netherlands · Portugal · Spain

Official sources

This content is informational and does not constitute legal advice. Figures verified as of 3 July 2026; French minimums are revalued at least every January.