Probably at least some readers from time to time has to do with the penalties imposed by the Inspection of Road Transport and investigations aimed at repealing or reducing the penalties. Today (30 May 2011 r.) enter into force the, argue that the ITD makes a little easier.
A trip to the capital
Since the penalty imposed by the Inspectors of the Road Transport Inspectorate under art. 93 paragraph 5 Road Transport Act may appeal to the Chief Inspector of Road Transport established in Warsaw. The decision of the latter shall in turn appeal to the Regional Administrative Court. Unfortunately, according to art. 13 § 2 Law on proceedings before administrative courts (p.p.s.a.) to entertain the action is sought, in the district whose body is located, the action complained of. Thus, in the end all the challenged fines from all over the country have so far been subject to decisions of the Regional Administrative Court in Warsaw – Indeed there is a seat GITD.
No one needs convincing, that this would not serve much of traders in the transport industry. It can even be argued, that they constituted a real limitation on access to administrative justice. The applicant decides to lodge a complaint, have to take into account the costs of travel to the capital, and if the attorney used the services of the increased costs of salaries associated with hours of departure. Proceedings before the administrative courts have, Although, in fact, a written form, but the party has the right to defend their interests during the course of the hearing and as a rule of this law is trying to take advantage.
The court closer to home
Fortunately for applicants from today described the situation has changed. Exercised the option provided for in art. 13 § 3 p.p.s.a. forming, that the President of the Republic may by regulation, pass the Voivodship Administrative Tribunal adjudicating on cases specific type of property belonging to another regional administrative court, if required for reasons of expediency. In our case, there was no doubt, it is advisable, to the case of fines imposed under the Road Transport Act could also be dealt with by the courts which is closer to the applicants.
On 18 April 2011 r. So the Polish President issued a regulation on the transfer to other provincial courts to recognize the Administration of certain matters from the scope of the Chief Inspector of Road Transport. It was published in the Official Gazette No. 89 of 29 April 2011 r. under the heading 506 (available here) and entered into force on 30 May 2011 r. Under the new rules to consider matters from the scope of GITD relating to the imposition of financial penalties will be for properties of voivodship administrative courts, in the jurisdiction where the applicant resides or is established.
Measures have also been on the transitional – cases registered in the Provincial Administrative Court in Warsaw will be forwarded by the properties resulting from the regulation. It will not only affect matters, where, before the entry into force has already set a hearing – in this case, the matter remains within the competence of the Administrative Court in Warsaw.
The effects of the new regulation
The consequences of change may be much larger than just the parties easier access to the courts. You can not hide the fact, that in each provincial administrative courts the same law can be interpreted differently. Until now, the penalties imposed by the ITD there was a fairly uniform line of case law. Currently in different centers may change. In the end, all things can, however, get to the Supreme Administrative Court, that can shape your case one way to interpret the various provisions (Although in the NSA are often disputes between the various configurations of adjudicating). Personally, I appreciate the new legislation is very positive and not just because, the less I have to go to Warsaw 🙂
