The Law on Road Transport
of 6 September 2001 r. (Dz.U. No. 125, Item. 1371)
Section 1. General Provisions
Art. 1.
1. The Act defines the principles and the pursuit of:
1) national road transport;
2) international road transport;
3) non-commercial national road;
4) non-commercial international road transport.
2. The Act also specifies:
1) principles of the Road Transport Inspection;
2) liability for breach of duties or conditions of carriage of goods by road:
a) companies and other entities engaged in the carriage by road or other activities associated with the transport,
b) Drivers.
Art. 2.
On a reciprocal basis, if the international agreements ratified by the Republic of Polish otherwise, foreign entrepreneur authorized to carry out road transport based on the law applicable to the country of his office can do it on Polish territory in terms of the Act.
Art. 3.
1. The Act does not apply to carriage by road of motor vehicles or combinations of vehicles:
1) structurally designed to carry no more than 9 persons including the driver – in non-commercial transport of passengers by road;
2) with a maximum mass not exceeding 3,5 tons of road haulage and non-commercial transport of goods by road;
3) medical rescue teams and the ambulance service.
2. For road transport performance:
1) the universal postal service,
2) the services involving the transport of municipal solid waste or liquid waste,
3) by non-entrepreneurs,
4) the disaster recovery or roadside assistance vehicle accidents – , the provisions of the Act for non-commercial carriage of goods by road.
Art. 4.
Used in this Act shall mean:
1) national road transport – take up and pursue economic activities in the transport of persons or goods vehicles and motorcycles registered in the country, that is to say the vehicle combinations consisting of a motor vehicle and trailer or semitrailer, on Polish territory, while driving a vehicle, place of departure or destination, and transit and road are located on Polish territory;
2) international road transport – take up and pursue economic activities in the transport of persons or goods vehicles and motorcycles, that is to say the vehicle combinations consisting of a motor vehicle and trailer or semitrailer, while driving the vehicle between the point of origination and destination is of border-crossing Polish Republic;
3) road transport – national road transport and international road transport; This term also includes:
a) each road crossing operated by a subsidiary undertaking in relation to the business, satisfying the conditions, referred to in paragraph 4,
b) economic activity in the transport agent;
4) Road transport-for-profit – transport for their own – any vehicle traveling on public roads with or without passengers, loaded or unloaded, to be free of domestic and international road transport of passengers or goods, operated by a subsidiary undertaking in relation to its core business, satisfying the following conditions:
a) motor vehicles used for transport are carried out by the trader or his employees,
b) entrepreneur holds the legal title to dispose of motor vehicles,
c) if traveling by vehicle loaded – the goods carried are owned by entrepreneurs or have been sold by him, bought, leased, leased, produced, extracted, processed or repaired, or purpose of the journey is to carry passengers or goods from the company or enterprise to its own needs, and transport workers and their families,
d) transport is not in the business activities of tourism services;
5) non-profit national road transport – transport for their own performed on Polish territory;
6) non-profit international road transport – transport for their own run from crossing the Polish border of the Republic;
6a) road transport – road or road transport-for-profit, and another carriage by road within the meaning of Regulation (WE) no 561/2006 European Parliament and the Council of 15 mark 2006 r. on the harmonization of certain social legislation relating to road transport and amending Council Regulations (EWG) no 3821/85 i (WE) 2135/98, and repealing Council Regulation (EWG) no 3820/85 (Dz.Urz. EU L 102 of 11.04.2006, st. 1), hereinafter referred to as “Regulation (WE) No 561/2006”;
7) regular carriage – Public transport of passengers and their luggage at specified intervals along specified routes, in terms of the Act and the Act of 15 November 1984 r. – Transport Law (Dz.U. of 2000 r. No. 50, Item. 601, with subsequent. zm.);
7a) (repealed)
8) communication line – communication connection to a particular route between stops as indicated in the timetable, after which there are regular passenger services;
8a) stop – site for the boarding or alighting passengers on the communication line, marked in the manner specified in the provisions of the Act of 20 June 1997 r. – Road Traffic Law (Dz.U. of 2005 r. No. 108, Item. 908, with subsequent. zm.), with information on timetables, including the departure of hours of road transport is entitled to the use of this site;
9) special regular carriage – unlisted regular carriage particular group of persons, the exclusion of others;
10) Shuttle transportation – Multiple transportation of organized groups of people back and forth, between the same place and thus the initial destination, when all the following conditions are met:
a) each group of passengers carried to the destination back to the place of,
b) the starting point and destination denote the place of departure of transport service and the place of a transport service, including in each case, the surrounding area lie within 50 km;
11) occasional carriage – transport of persons, which is not a regular transport, transport special or regular shuttle transportation;
12) cabotage – transport under the automotive vehicle registered abroad or foreign entrepreneur between places on Polish territory;
13) combined transport – carriage of goods, during which the truck, trailer, trailer with or without tractor unit tractor unit, swap body or container of 20 feet or greater use of roads in the initial or final section of the transport, and on another section of rail services, inland waterways or sea transport, with the marine section exceeds 100 km in a straight line; section of the initial or final transport means the carriage:
a) between the point, where things are loaded, and the nearest suitable rail loading station for the initial segment and between the nearest suitable railway station and the point of landing, where things are unloaded, for the final episode or
b) within a radius not exceeding 150 km in a straight line with inland or sea port of loading or unloading;
14) international combined transport – combined transport, which occurs when crossing the border of the Republic of Polish;
15) road transport – entrepreneur entitled to perform economic activity in the field of road transport;
16) Foreign road transport – foreign company authorized to do business in the area of road transport on the law of the State, in which he is established;
17) license – administrative decision issued by the Chief Inspector of Road Transport Act, or specified in the local government authority, authorizing the taking up and pursuit of economic activities in the field of road transport;
18) permission – administrative decision issued by the Minister of Transport, Chief Inspector of Road Transport Act, or specified in the local government authority, authorizing road transport to a particular type of road;
19) permit foreign – document obtained under an international agreement of the competent authority of another State or international organization by the competent authority of the Polish Republic transferred to the carrier by road and authorizing him to perform international road transport, once or, to or from the territory specified in the permit or transit through its territory;
19a) license form – a document issued pursuant to Article. 11 paragraph. 1 Council Regulation (EWG) no 684/92 of 16 mark 1992 r. on common rules for international carriage of passengers by coach and bus (Dz.Urz. EU L 74 of 20.03.1992, st. 1, with subsequent. zm.; Dz.Urz. Polish Special Edition, Chapter. 6, t. 1, st. 306, with subsequent. zm.) and pursuant to an agreement on international occasional carriage of passengers by coach and bus (Umowa Interbus), done at Brussels on 11 December 2000 r. (Dz.U. of 2003 r. No. 114, Item. 1076);
20) certificate of professional competence – proof of qualifications and expertise needed to take up and pursue economic activities in the field of road transport;
21) (repealed).
Section 2. Policy-making and enforcement of road transport
Art. 5.
1. Adoption and enforcement of road transport is required to obtain an appropriate license for road transport, hereinafter referred to as “license”.
2. The license is for a fixed period, not less than 2 years and not longer than 50 years, Having regard to the request of the.
3. Businesses granted licenses, subject to Article. 6, if:
1) members of the managing body of the legal person, managers of a company or limited partnership, and for other businesses – self-employed, meet the requirements of good repute; requirement of a good reputation does not meet or no longer being met by these persons, if:
a) been convicted by final judgment for intentional crimes: Tax Penalty, against road traffic safety, property, economic trading, the reliability of documents, environmental protection or working conditions and wages or other rules of conduct of the profession,
b) issued in relation to those persons legally binding ruling banning the execution of economic activities in the field of road transport;
2) At least one of the directors of a company or person who manages the company's business is road transportation certificate of professional competence;
3) providing financial situation has taken and business activities in the field of road transport referred to the available financial resources or assets in the amount of:
a) 9 000 euro – the first motor vehicle designed for road transport,
b) 5 000 euro – for each additional motor vehicle,
c) 50 000 euro – the performance of road transport in the, referred to in Article. 4 Item 3 lit. b;
4) entrepreneur personally engaged in the carriage and a driver employed by the entrepreneur, as well as other persons not employed by the entrepreneur, but personally carrying traffic on its behalf, meet the requirements specified in the Act, provisions of the Act of 20 June 1997 r. – Road Traffic Law and other legislation laying down requirements for drivers, and has not been convicted by final judgment for intentional crimes against the security of communication, property, the reliability of documents or to the environment;
5) has the legal right to dispose of the vehicle or motor vehicles that meet the technical requirements of the provisions of the Road Traffic, road which is to be implemented.
4. Requirements, referred to in paragraph. 3 Item 4 i 5, does not apply to an enterprise conducting road only to the extent, referred to in Article. 4 Item 3 lit. b.
5. Having the financial position ensuring decision and business activities in the field of road transport is confirmed:
1) annual financial statements;
2) supporting documents:
a) availability of the funds in cash or in bank accounts or assets available,
b) ownership of shares or other marketable securities,
c) guarantee or bank guarantee,
d) ownership of property.
6. In assessing the financial situation, referred to in paragraph. 3 Item 3, apply the average rate published by the Polish National Bank, applying on the last day of the year preceding the year, where the assessment is made.
Art. 6.
1. The licenses for road transport operations shall be granted a taxi business, if:
1) meets the requirements of Article. 5 paragraph. 3 Item 1 i 5;
2) employed by the driver and the entrepreneur himself personally engaged in the carriage:
a) meet the requirements specified in the provisions of the Road Traffic,
b) were not convicted of a crime, referred to in Article. 5 paragraph. 3 Item 4, and also for crimes against life and health, and against sexual freedom and decency,
c) have a certificate of completion of training in the field of road transport by taxi, proven success in an examination, or demonstrate at least five years of practice in carrying out this transport; break in the performance of road transport can not be longer than the next 6 months for reasons that depend on them,
d) meet the requirements specified in Article. 39to ust. 1 Item 1-4.
2. Exam, referred to in paragraph. 1 Item 2 lit. c, carry out the examination boards appointed by the County Head.
3. Minister responsible for transport, after consultation with the organization-wide associations of taxi drivers, determine the, by regulation, the training program and a sample certificate, referred to in paragraph. 1 Item 2 lit. c, whereas the scope and area of operations, with particular emphasis on knowledge of the topography of the village, in which the operator conducts or intends to do business, and knowledge of police regulations, and to determine the components of the training and testing costs and the amount of duty charges arising.
4. License, referred to in paragraph. 1, is granted for a specific vehicle and an area covering:
1) municipality;
2) adjacent municipalities – after having concluded an agreement;
3) miasto st. Warsaw – communal relationship.
5. Allowed to perform the carriage from the area specified in the license beyond this area, but without the right to provide transportation services outside the area specified in the license, with the exception of the carriage performed by the return or in case of an order by a customer in another area.
6. Competent municipal councils and the Council m.st. Warsaw set for the calendar year, no later than 30 November last year, number assigned to issue new licenses after consultation with the local taxi drivers' organizations and organizations, the statutory objective of consumer protection.
7. Failure to meet deadline, referred to in paragraph. 6, means the retention of the current number of licenses.
Art. 7.
1. Grant, refusal, modification or revocation of license is an administrative decision.
2. The authority competent to grant, refusal of, amending or revoking a license in respect of road transport is:
1) in the national transport – governor competent for the seat of the enterprise, subject to paragraph 2;
2) in taxi transport:
a) the area, referred to in Article. 6 paragraph. 4 Item 1 – Mayor, mayor or city president,
b) the area, referred to in Article. 6 paragraph. 4 Item 2 – Mayor, mayor or president of the city proper for the seat or place of residence of the,
c) the area, referred to in Article. 6 paragraph. 4 Item 3 – President m.st. Warsaw;
3) in international road transport – Chief Inspector of Road Transport.
Art. 8.
1. Licenses shall be granted upon written request of the.
2. Application, referred to in paragraph. 1, should contain:
1) become an entrepreneur, its registered office and address;
2) number in the register of entrepreneurs or business activity register;
3) the type and scope, and in the national transport by taxi – the area;
4) type and number of vehicles, available to the entrepreneur applying for the grant of a license;
5) time, for which the license is to be granted.
3. The application for a license, subject to paragraph. 4, must be accompanied:
1) extract from the register of entrepreneurs or the business register;
2) photocopy of the certificate of assigning statistical identification (Company);
3) photocopy of the certificate of tax identification number (NIP);
4) photocopy of the certificate of professional competence of the entrepreneur or manager in a company road;
5) certificate of no criminal record criminal records of people stating, referred to in Article. 5 paragraph. 3 Item 1;
6) documents confirming the fulfillment of the conditions, referred to in Article. 5 paragraph. 3 Item 3;
7) declaration of intention to employ the drivers meeting the conditions, referred to in Article. 5 paragraph. 3 Item 4 or Articles. 6 paragraph. 1 Item 2;
8) a list of vehicles with photocopies of the documents authorizing domestic vehicle for traffic, and if the entrepreneur does not own these vehicles – the document confirming the right to dispose of them.
4. When submitting an application for a license shall not be accompanied by documents, referred to:
1) in paragraph. 3 Item 4 i 6 – When applying for a license to engage in road transport by taxi;
2) in paragraph. 3 Item 7 i 8 – When applying for a license to transport by road only to the extent, referred to in Article. 4 Item 3 lit. b.
Art. 9.
1. The entrepreneur intending to engage in economic activities in the field of road transport can apply for a promise to grant a license, hereinafter referred to as “Promesa”.
2. In proceedings for promise, the provisions relating to license, with the exception of Article. 8 paragraph. 3 Item 8.
Art. 10.
1. Applications for licenses shall be processed in order of their submission.
2. In the event of failure of the conditions, referred to in Article. 5 lub art. 6, refused to grant a license.
3. (repealed)
3a. (repealed)
4. (repealed)
5. (repealed)
Art. 11.
1. The license shall specify in particular:
1) license identification number;
2) organ, granting the license;
3) date of the license;
4) the legal basis;
5) entrepreneur, its registered office and address;
6) range of road transport;
7) type of transport;
8) designation of the area of transport in national transport by taxi;
9) time, for which the licensed.
2. (repealed)
3. Licensing authority issued the extract or extracts of equal numbers of vehicles specified in the application for a license.
4. (repealed)
5. (repealed)
Art. 12.
1. License entitles the national road transport to operate only within the Polish Republic.
1a. License to local land transportation entitles you to perform the road transport, referred to in Article. 4 Item 3 lit. b, provided that the operator has a financial guarantee in the amount specified in Article. 5 paragraph. 3 Item 3 lit. c.
1b. License to national road transport of persons not eligible for the execution of road transport by taxi.
2. License entitles the international road transport, to carry out border-crossing Polish Republic according to the type of transport in the specified.
2a. License, referred to in paragraph. 2, also authorizes to operate in the national transport, according to the type of carriage set out in it.
3. The license does not replace the authorization required by law or international agreements.
Art. 13.
1. Licenses can not depart to any third party or transfer rights under it to a third party, subject to paragraph. 2.
2. Organ, granting the license, moves, an administrative decision, rights deriving from it if:
1) death of an individual holding a license and join in its place the heirs, including the individual who is a partner in particular, a general partnership or limited partnership,
2) connection, division or transformation, accordance with separate regulations, entrepreneur who is licensed,
3) (repealed)
– provided that the entrepreneur, acquiring rights under the license, requirements specified in Article. 5 paragraph. 3.
3. Proceeding, referred to in paragraph. 2, initiated upon request.
4. Chief Inspector of Road Transport may, an administrative decision, consent to the exercise of powers under license by limited companies, limited partnerships or limited liability company, in which the company holds a license has shares, if they have concluded lease or lease the use of a motor vehicle reported to the business of the licensed, provided that those companies the requirements of Article. 5 paragraph. 3.
Art. 14.
1. Road transport is obliged to notify in writing the authority, granting the license, any change in the, referred to in Article. 8, no later than 14 days from the date of their creation.
2. If the changes, referred to in paragraph. 1, include data contained in the license, entrepreneur is obliged to request a modification of the license.
3. (repealed)
4. (repealed)
Art. 14a.
1. The carrier may suspend road, in whole or in part of road transport operations for a period not longer than 12 months.
2. Suspending the road transport road transport operations shall within 14 days of, which was initiated in the period of suspension:
1) notify the authority, which granted the license to suspend execution of road; the notice is given:
a) period, which was suspended road transport operations,
b) number of copies of the license corresponding to the number of vehicles, which ceased operation of road – in the case of partial suspension of road transport;
2) turn to an authority, granting the license:
a) All extracts from the license – in the case of suspension of road transport in total,
b) extracts corresponding to the number of licensed vehicles, which ceased operation of road – in the case of partial suspension of road transport.
3. Organ, granting the license issued from the office returned to the references within 7 days before the, I was suspended for road transport operations.
4. If road transport operations has been suspended for a period exceeding 3 months, authority granting the license shall, within 14 days of meeting the requirements, referred to in paragraph. 2, reimbursement of the fee paid for the license, and copies of licenses subject to paragraph. 5, proportion to the:
1) the period of suspension of road transport;
2) number of copies of the license suspended.
5. (repealed)
6. Minister responsible for transport issues shall specify, by regulation, Detailed procedures and conditions for reimbursement of fees, Having regard to the principle of pro rata refund, referred to in paragraph. 4.
Art. 15.
1. License shall be revoked:
1) when:
a) final judgment has been issued prohibiting the entrepreneur from conducting economic activity covered by license,
b) entrepreneur has taken the licensed activity within 6 months from the date of issue, despite a licensing authority to take it;
2) if the holder:
a) does not meet the entitlement to exercise the activities of road transport,
b) grossly violated the conditions of a license or other terms of business covered by the license defined by the law,
c) withdrew the license to a third party,
d) ceased business activity covered by the license, and in particular does not, due to circumstances dependent on the, road for at least 6 months,
and) flagrantly violate the rules on drivers' hours and driver qualification;
3) if the license holder to carry out road transport by taxi arbitrarily change the indication measuring and control devices, installed in the vehicle;
4) if the entrepreneur performing road transport in the, referred to in Article. 4 Item 3 lit. b, commissioned the carriage of goods by the company not holding a license.
2. Revocation of a license in the cases referred to in paragraph. 1 Item 2 lit. a, b, d lit oraz. e is preceded by a written warning entrepreneurs, that if the finding of a violation of these provisions shall initiate proceedings to revoke the license. This provision does not apply, where a license holder no longer meets the requirements, referred to in Article. 5 paragraph. 3 Item 1 lit. a.
2a. The provision of paragraph. 1 Item 2 lit. d do not apply, if the carrier has notified the authority, granting the license, to suspend the execution of road, the procedures and principles set out in Article. 14a.
3. The license may be revoked, if the holder:
1) not submitted, within the prescribed period, information and documents, referred to in Article. 8 paragraph. 2 i 3, art. 14 i art. 83;
2) grossly or repeatedly violates the rules of acceptable weight, axle of the vehicle or dimension;
3) arrears in the regulation, noted the final decision or final decision, liabilities:
a) Customs, tax or other obligation to the Exchequer arising from business activities in the field of road transport,
b) to the counterparty;
4) arbitrarily:
a) changes indicate the measuring and control devices or digital tachographs installed in the vehicle, subject to paragraph. 1 Item 3,
b) amend or erase the data stored in the digital tachograph and driver card and the card company.
4. The trader is obliged to return the documents, referred to in Article. 11, authority, granting the license, immediately, no later than within 14 days of, in which the decision to revoke a license becomes final.
5. In the case of revocation of a license may not be re-granted earlier than 3 years from the date, in which the decision to revoke a license becomes final.
Art. 16.
1. The license expires if:
1) expiry of the period, which was granted;
2) waiver of its, subject to paragraph. 3;
3) Death of license holder, subject to paragraph. 4;
4) provisions for liquidation or bankruptcy of the entrepreneur, which has been granted, unless the circumstances set out in Article. 13 paragraph. 2.
2. The provision of Article. 15 paragraph. 4 shall apply mutatis mutandis.
3. The entrepreneur may not waive the license in case of initiation of withdrawal of license.
4. In case of death of a natural person of a licensed body, that it gave, at the request of, who has applied for a declaration of inheritance, agrees, an administrative decision, to exercise rights under the license for a period not longer than 18 months after the death of the holder of the license.
Art. 17.
1. Minister responsible for transport issues shall specify, by regulation, licenses and discharge patterns of the license, Having regard to the extent necessary data.
2. (repealed)
Art. 17a.
(repealed)
Art. 17b.
The minister responsible for transport may announce, notice on, list of, for which a permit is required to have foreign international road transport.
Section 3. Road passenger transport
Art. 18.
1. Of regular and special regular services requires a permit:
1) in the national transport – issued, according to the extent these operations respectively by:
a) Mayor – to operate on the lines of communication in the municipality,
b) mayor or city president – to operate on the lines of communication in public transport,
c) mayor or city president, entrusted with this task under the agreement, referred to in Article. 4 7a acc – to operate on the lines of communication in public transport within the limits specified in Article. 4 pkt 7a lit. lit to register. b,
d) mayor or city president, Therefore the seat of the intra, referred to in Article. 4 7a acc – to operate on the lines of communication within the communities, which formed association governed by,
d[1]) president of the city with county rights, in agreement with the competent governor because of the planned routes of communication – to operate on the lines of communication running in the city and the neighboring county,
and) starost, in agreement with wójtami, Mayors and Mayors of the relevant due to the planned routes of communication – to operate on the lines of communication within the district, communication lines with the exception referred to in subparagraph. a-d[1],
f) Marshal, in consultation with the heads relevant because of the planned routes of communication – to operate on the lines of communication extending beyond the area of at least one county, however, not beyond the area of the province,
g) Marshal or proper for the residence of the, in agreement with the speakers of the relevant provinces due to the planned routes of communication – to operate on the lines of communication extending beyond the area of at least one province;
2) in international road transport:
a) issued by the Chief Inspector of Road Transport – for communication lines extending beyond the area of EU Member States, Swiss Confederation or the Member States of the European Free Trade (EFTA) – parties to the European Economic Area,
b) issued by the Chief Inspector of Road Transport, or authority of another EU Member State, Swiss Confederation or the Member States of the European Free Trade (EFTA) – parties to the European Economic Area – the lines of communication, not beyond the area of these countries.
1a. It does not require the authorization of temporary traffic operation in the event of natural disasters or disruptions in services provided by entities other than road transport industry.
1b. In the event of a disruption, referred to in paragraph. 1a, transport operator and the operator, in place of the services are performed, are required to enter into a written agreement setting out the conditions and period of execution of these operations and report it to the competent authority, referred to in paragraph. 1 Item 1.
2. Making of shuttle and occasional in international road transport outside the area of European Union Member States, Swiss Confederation or the Member States of the European Free Trade (EFTA) – parties to the European Economic Area requires a permit issued by the Chief Inspector of Road Transport, subject to paragraph. 3.
3. Does not require a permit occasional exercise, if:
1) the same vehicle on the whole car is transported along the route the same group of people and hand over to her to the place of either
2) It is to carry passengers to the destination, the drive back is driving without people (travelers), or
3) it involves people driving without a destination and receiving, and transported to the place of the initial group of people, which by the same carrier was transported by road on a basis specified in paragraph 2.
4. Bodies, referred to in paragraph. 1 Item 1, and Chief Inspector of Road Transport entrepreneurs seem to extract or extracts from licensing in the number specified in the application business.
5. When performing occasional services in the national road construction vehicle designed to carry no more than 9 persons including the driver is prohibited:
a) affixing and use of the taximeter in the vehicle,
b) placing signs on the vehicle with the name, business address and telephone,
c) placing the tubes on the roof of the vehicle or other technical devices.
Art. 18a.
The operator of a regular passenger, beyond the powers of passengers to discount journeys specified in separate regulations, also includes the rights of passengers to other concessionary travel, if the entity, which sets out the relief, determine the carrier, by agreement, conditions for reimbursement of those advantages.
Art. 18b.
1. Regular services in the national transport are made according to the following rules:
1) to carry only buses are used corresponding to the required due to the nature of the technical conditions of carriage;
2) timetable is given to the public through advertisements in all listed in the schedule of stops or bus stations;
3) passengers boarding and alighting takes place only at the stations specified in the schedule;
4) charge a toll is charged according to the rates of fees, and the passenger receives confirmation of payment of the fee in the form of a ticket issued under the provisions of tills recording;
5) over the counter in the bus and railway stations are available to the passengers developed by the carrier or group of carriers regulations specifying the conditions for travelers, clearance and transport of persons, Storage and stuff;
6) pricelist is available to the public at railway stations and ticket offices in each bus carrying out regular passenger, with the pricelist must also include concessionary fares:
a) determined on the basis of separate laws, and in particular the Act of 20 June 1992 r. holder is entitled to a discount for journeys by public transport (Dz.U. of 2002 r. No. 175, Item. 1440, with subsequent. zm.),
b) arising from the rights of passengers to other concessionary travel, if the entity, who instituted the tax credits, established with the carrier by contract conditions for reimbursement of those advantages;
7) under the conditions of carriage of persons specified in the permit, referred to in Article. 18.
2. During the regular operation of prohibited:
1) used to carry:
a) vehicles other than buses,
b) buses not meeting required due to the nature of the technical conditions of carriage;
2) the use of stops, which was not carried out a statement to a schedule containing the name, address of the carrier and the carrier or the phone number provided in accordance with this information for days and hours of departure;
3) picking up and setting down passengers outside the bus stops in the timetable set;
4) Download charges for toll charges contrary to the price list given to the public passenger;
5) violations of conditions of carriage of persons specified in the permit, referred to in Article. 18.
Art. 19.
1. Making cabotage on Polish territory by the:
1) established in a country other than the Member State of the European Union, The Swiss Confederation or the Member States of the European Free Trade Agreement (EFTA) – party agreement on the European Economic Area or
2) uses to transport a vehicle registered in a country other than the Member State of the European Union, The Swiss Confederation or the Member States of the European Free Trade Agreement (EFTA) – party agreement on the European Economic Area
– requires an authorization for cabotage, which seems, an administrative decision, Chief Inspector of Road Transport. Articles. 22 paragraph. 1 shall apply mutatis mutandis.
2. Permission, referred to in paragraph. 1, issued at the request of road, provided accompanied with at least two positive reviews nationwide organization of road transport associations.
Art. 19a.
1. The minister responsible for transport may, by regulation, be required to be licensed to perform international road transport of persons on or through the territory of Polish automotive vehicle construction designed to carry no more than 9 persons including the driver by foreign carriers in some countries whereas the principle of reciprocity.
2. The provision of section. 1 shall also apply in the case of a motor vehicle without passage of travelers.
3. Permission, referred to in paragraph. 1, it seems, an administrative decision, Chief Inspector of Road Transport.
Art. 20.
1. The authorization shall specify in particular:
1) service conditions;
2) traffic routing, in this city, where there are origins and destinations of traffic;
3) village, which stops are – the regular transportation of persons.
1a. Annex to permit, referred to in paragraph. 1, a timetable.
2. Minister responsible for transport issues shall specify, by regulation, model permits, referred to in Article. 19a, and pattern of discharge permits and authorizations, referred to in Article. 18, Having regard to the extent necessary data, Having regard to the provisions of Regulation No 2121/98/WE of 2 October 1998 r. down detailed rules for applying Regulation No 684/92/EWG and No 12/98/WE, on the documents required in international passenger transport carried out by bus and coach (Dz.Urz. WE L 268 of 03.10.1998).
Art. 20a.
1. Conditions of the permit, referred to in Article. 18, not apply in the event of circumstances beyond the control of the entrepreneur prevent transport operations in accordance with specified in the permit course routings, in particular, a network failure, road works, or roadblocks.
2. Where circumstances such as to prevent traffic, referred to in paragraph. 1, last longer than 14 days, the competent authority for licensing, at the request of the entrepreneur, issue a decision on a derogation from the conditions of the permit.
3. Decision, referred to in paragraph. 2, can not be issued for a period longer than the duration of the authorization.
4. Articles. 20 i 22 shall apply mutatis mutandis.
Art. 21.
1. Permission, referred to in Article. 18, seems to, at the request of the entrepreneur, for not more than:
1) 5 years – of regular and special regular services;
2) year – to operate a shuttle or occasional services.
2. The application, referred to in paragraph. 1, accompanied by a photocopy of the license and the documents, referred to in Article. 22.
3. After the period, referred to in paragraph. 1 Item 1, permit shall be extended, at the request of the entrepreneur, for a period not exceeding 5 years, unless there are circumstances, referred to in Article. 23 Item 2 i art. 24 paragraph. 4.
Art. 22.
1. The application for a permit to operate a regular in the national transport accompanied by a:
1) proposed schedule takes into account the stops, departure times of vehicles, length of communication line, given in kilometers, and the distance between stops, courses and the number of vehicles necessary to perform daily traffic, accordance with the timetable;
2) communication diagram of the current line and stops the communication;
3) confirm arrangements rules on the use of facilities, railway stations and bus stops, made with their owners or managers;
4) required to submit information about departure times on the plates at bus stops;
5) Prices;
6) list of vehicles, specifying their numbers and the number of, which the applicant intends to operate.
1a. Obtained confirmation by the carrier agreed rules for the use of stops may not cause the imposition of any fees to carriers for use of the stops.
2. The request for authorization of regular services in international road transport, referred to in Article. 18 paragraph. 1 Item 2 lit. a, accompanied by:
1) timetable agreed with the foreign carrier road provided for operation on a given line of regular scheduled, takes into account the stops, time of departure and arrival, border crossings and the length of the regular given in kilometers and the distance between stops;
2) copy of a contract with a foreign carrier traffic on the joint conduct of regular lines;
3) schedule working hours and rest periods;
4) communication diagram of the current line and stops the communication;
5) Prices.
2a. The request for authorization of regular services in international road transport, referred to in Article. 18 paragraph. 1 Item 2 lit. b, accompanied by the documents and information, referred to in Article. 6Council Regulation (EWG) no 684/92 of 16 mark 1992 r. on common rules for international carriage of passengers by coach and bus, hereinafter referred to as “Council Regulation (EWG) No 684/92”.
3. The application for a permit to operate a shuttle and occasional in international road transport accompanied by a:
1) course of the transport route for each group, taking into account the starting point and destination transport, length of the route given in kilometers and border;
2) list of transportation terms;
3) communication diagram of the selected transport route;
4) copy of the contract between the organizer and the carrier transport by road;
5) schedule working hours and rest periods.
4. The application for a permit to operate a special regular in the national transport accompanied by a:
1) information indicating a group of people, which will be authorized to use the transport;
2) proposed schedule takes into account the stops, departure times and arrival means of transport, length of communication line, given in kilometers, and distances between stops and the number of vehicles necessary to perform daily traffic, accordance with the timetable;
3) communication diagram of the current line and stops the communication;
4) confirm arrangements rules on the use of facilities, railway stations and bus stops other than those located on public roads, agreed with their owners or managers.
5. The application in cases, referred to in paragraph. 2 i 3, accompanied by the information confirming the transfer of the relevant provinces Marshals communication circuit diagram of the selected transport route.
Art. 22a.
1. Bodies, referred to in Article. 18 paragraph. 1 Item 1:
1) refuse or modify the authorization of regular services in the national road transport in the, if the applicant is unable to provide the service that the proposed, using the remaining vehicles in the immediate disposal;
2) may refuse to grant or amendment of an authorization to operate a regular in the national transport, in any one of the following circumstances:
a) is shown, that the proposed line will be a regular threat to the already existing lines of regular, except that, When these lines are supported only by a single carrier or carriers by one group,
b) is shown, authorization that negatively affect the viability of a comparable rail service on lines directly related to the route of road services,
c) applicant does not, due to circumstances dependent on the, regular national passenger on other supported communication lines, at least 7 days,
d) applicant does not comply with the conditions of the permit or already owned carries breach of its license.
2. Bodies, referred to in Article. 18 paragraph. 1 Item 1, may refuse to grant authorization or an amendment of permits in the case of special regular, referred to in paragraph. 1 Item 1 and point 2 lit. a i d.
3. The decision to issue a new or change an existing authorization for the communication lines to a length of 100 km, in particular for increasing the capacity of vehicles, frequency of circulation of, change its hours of departure from each stop should be preceded by an analysis of the market in the regular transport of persons.
4. For activities related to the development of analysis, referred to in paragraph. 3, competent authority for the licensing charges a fee from the applicant.
5. The analysis, referred to in paragraph. 3, carry out the authority responsible for licensing at least once a year, including:
1) existing communication, in this type of vehicle, hours of their departure, or frequency of courses and their adaptation to social needs;
2) existing discharge permit carriers to implement transportation and applied tariffs;
3) anticipated changes in the intensity of the carriage of passengers;
4) zoning plan of the commune or region development plan.
6. Authority carrying out the analysis, referred to in paragraph. 3, consult on proposed changes to the permit granted or changed from consumer organizations.
7. Bodies, referred to in Article. 18 paragraph. 1 Item 1, can perform tasks, referred to in paragraph. 3, by their own units or other specialized entities.
8. Minister responsible for transport, in consultation with the Minister responsible for public finance, determine the, by regulation, fees paid by road hauliers for the acts referred to in paragraph. 3 of not more than 5 zł for each 1 000 km of the planned annual mileage of the communication line and not less than 100 zł for a given line of communication, whereas the number of lines of communication and degree of satisfaction of transport needs, and the market situation in the area for the regular transport of persons.
Art. 22b.
1. Road transport is obliged to notify in writing the authority, which authorized, any change in the, referred to in Article. 22, no later than 14 days from the date of their creation.
2. If the changes, referred to in paragraph. 1, include data contained in the permit, entrepreneur is obliged to request the amendment of an authorization.
Art. 23.
1. Chief Inspector of Road Transport, an administrative decision:
1) refuses to grant an authorization to operate a regular in international road transport, referred to in Article. 18 paragraph. 1 Item 2 lit. a, when:
a) the applicant is unable to provide the services covered by the application, with equipment directly available to him,
b) proposed scheduled service will provide a direct threat to the existence of already approved a line of regular, except that, When these lines are supported only by a single carrier or carriers by one group,
c) is shown, authorization that seriously affect the viability of a comparable rail service on lines directly related to the route of road services,
d) can be inferred, that the services listed in the application is aimed only at the most lucrative of the services existing on the links;
2) may refuse to permit the exercise in international road transport, referred to in Article. 18 paragraph. 1 Item 2 lit. a, permit to operate a shuttle or of permits occasional, referred to in Article. 18 paragraph. 2, when the entrepreneur:
a) does not comply with the conditions specified in the permit already owned,
b) does not, due to circumstances dependent on the, regular services at least 3 months,
c) carries out without the required permit.
2. Chief Inspector of Road Transport, an administrative decision, refuses to grant an authorization to operate in international road transport, referred to in Article. 18 paragraph. 1 Item 2 lit. b, the principles set out in Article. 7 i 8 Council Regulation (EWG) no 684/92.
Art. 24.
1. Permission, referred to in Article. 18 paragraph. 1 Item 2 lit. a, changes at the request of the holder in the event of a change:
1) business sign;
2) office and business address.
2. Permission, referred to in Article. 18 paragraph. 1 Item 2 lit. a, may be amended at the request of the holder in the event of a change:
1) course of the regular, Timetable, increase the capacity of vehicles, the frequency of the circulation or changes in hours of departures from individual stations;
2) Foreign road transport, with which the contract of the joint conduct of the regular line in international road transport.
3. Permission, referred to in Article. 18 paragraph. 1 Item 2 lit. a, shall expire if:
1) surrender, subject to paragraph. 6;
2) deadline specified in the permit;
3) of circumstances, referred to in Article. 16 paragraph. 1.
4. Permission, referred to in Article. 18 paragraph. 1 Item 2 lit. a, withdrawn if:
1) revocation of license;
2) violation or changing conditions, under which a permit has been issued and the permit;
3) the failure of the entrepreneur, due to circumstances dependent on the, regular services at least 3 months;
4) withdraw authorization of a third party, and not a waiver authorized delegate implementation to another carrier transport, referred to in Article. 5 Act of 15 November 1984 r. – Transport Law.
5. In case of withdrawal, referred to in Article. 18 paragraph. 1 Item 2 lit. a, application for a permit can not be considered earlier than after 3 years from the date, on which the decision became final withdrawal.
6. The entrepreneur may not waive the permit, referred to in Article. 18 paragraph. 1 Item 2 lit. a, in case of initiation for the withdrawal of the authorization.
7. Chief Inspector of Road Transport, an administrative decision, extend the permit issued by it, referred to in Article. 18 paragraph. 1 Item 2 lit. b, changes the conditions of their exercise, states lose their validity, or revoke it, on the principles laid down in Articles. 8, 9 i 16 Council Regulation (EWG) no 684/92.
Art. 25.
1. Chief Inspector of Road Transport by road carrier permit issued for the carriage of persons abroad, provided they possess the license for the international carriage of persons.
2. Chief Inspector of Road Transport:
1) refuses to permit foreign if it is impossible to provide a sufficient number of permits;
2) refuse to issue a permit in cases of foreign, referred to in Article. 15 paragraph. 1;
3) to refuse the authorization of foreign cases, referred to in Article. 15 paragraph. 3.
3. Issue and refusal in the event, referred to in paragraph. 2 Item 1, foreign license for passenger transport operations are niestanowiącymi administrative decision under the provisions of the Code of Administrative Procedure.
4. Chief Inspector of Road Transport:
1) refuses to permit the carriage of foreign, an administrative decision, in the case, referred to in paragraph. 2 Item 2;
2) may refuse to permit the carriage of foreign, an administrative decision, in the case, referred to in paragraph. 2 Item 3.
5. Complaints and proposals relating to the issuance of permits for the transport of foreign, referred to in paragraph. 2 Item 1, consider the minister responsible for transport issues.
Art. 25a.
1. The international carriage of passengers by road on Polish territory by a foreign entity requires a permit the Minister of Transport, unless international agreements provide otherwise.
2. Permission, referred to in paragraph. 1, may be granted for a period not exceeding a given calendar year.
3. The amount of quota permits, referred to in paragraph. 1 i w art. 25 paragraph. 1, sets, in agreement with the relevant authorities of other countries, Minister responsible for transport.
4. Forms of authorization to operate a shuttle or permits to operate occasional, possession of which is required of foreign carrier, generates and transmits abroad, on behalf of the Minister of Transport, Chief Inspector of Road Transport.
5. Forms of licenses, referred to in Article. 25 paragraph. 1, adopted from abroad, the Chief Inspector of Road Transport.
Art. 26.
Minister responsible for transport, to streamline procedures for issuing permits for the transport of foreign, authorize the issuance, by regulation, Polish nation-wide organizations associating international road carriers, Having proper protection of documents related to the issuance of these permits to prevent access by unauthorized persons, equipment rooms in the unit to ensure the safety of stored documents, insurance against all risks and how to account in case of loss, damage to or loss of these documents.
Art. 27.
1. In the performance of shuttle and occasional in international road transport is required for running a form containing particulars of the business sign, vehicle registration number, type of service, starting location and destination by road, and a list of names of persons carried.
2. (repealed)
3. Seem to form a carrier license:
1) Chief Inspector of Road Transport;
2) county road inspector.
4. Waybill issue is the act does not constitute an administrative decision under the provisions of the Code of Administrative Procedure.
Art. 27a.
(repealed)
Section 4. Transport of goods by road
Art. 28.
1. The international carriage of goods by road on Polish territory by a foreign entity requires a permit the Minister of Transport, unless international agreements provide otherwise.
2. Permission, referred to in paragraph. 1, may be granted for a period not exceeding a given calendar year.
3. The provisions of paragraph. 1 i ust. 2 shall also apply if traveling by motor vehicle without load.
Art. 28a.
1. Foreign entity engaged in international carriage of goods by road is required to fill out an authorization form, referred to in Article. 28 paragraph. 1, at the latest before entering the Polish territory of a motor vehicle, which the carriage is performed.
2. In the event of failure or improper fulfillment of the payment slip permit, referred to in Article. 28 paragraph. 1, passage shall be deemed to be executed without permission.
3. The driver the car performing international carriage of goods by road is required to have a vehicle and be produced on request slip permit authorized persons, referred to in Article. 28 paragraph. 1. If you produce the document during this inspection, international carriage by road shall be deemed to be executed without permission.
Art. 29.
1. Making cabotage on Polish territory by the:
1) established in a country other than the Member State of the European Union, The Swiss Confederation or the Member States of the European Free Trade Agreement (EFTA) – party agreement on the European Economic Area or
2) uses to transport a vehicle registered in a country other than the Member State of the European Union, The Swiss Confederation or the Member States of the European Free Trade Agreement (EFTA) – party agreement on the European Economic Area
– requires an authorization for cabotage, which appears in an administrative decision, Chief Inspector of Road Transport.
2. Permission, referred to in paragraph. 1, issued at the request of road, provided accompanied with at least two positive reviews nationwide organization of road transport associations.
Art. 29a.
1. Cabotage without a permit, under an international agreement, It may only be automotive vehicle, from which the full or partial unloading goods imported from abroad on Polish territory.
2. Motor vehicle, referred to in paragraph. 1, can be used up to three cabotage operations in the period 7 days, as of, in which the unloading goods on Polish territory.
3. The driver car, referred to in paragraph. 1, is obliged to carry with them and produced at the request of authorized persons, documents confirming the fulfillment of the conditions, referred to in paragraph. 1 i 2, in particular the shipping documents and invoices made on Polish territory transport services.
Art. 29b.
Minister responsible for transport issues shall specify, by regulation:
1) types of permits, referred to in Article. 28 paragraph. 1 i art. 29 paragraph. 1,
2) Specific conditions for use of permits, referred to in Article. 28 paragraph. 1 i art. 29 paragraph. 1,
3) how to fill blank authorizations, referred to in Article. 28 paragraph. 1 i art. 29 paragraph. 1,
4) specimens for, referred to in Article. 28 paragraph. 1 i art. 29 paragraph. 1 – Having regard to the use of permits, conditions set out in bilateral international agreements on the implementation of road transport and the extent of the necessary data contained in the permits.
Art. 29c.
1. The amount of quota permits, referred to in Article. 28 paragraph. 1 i art. 30 paragraph. 1, sets, in agreement with the relevant authorities of other countries, Minister responsible for transport.
2. Forms of licenses, referred to in Article. 28 paragraph. 1, generates and transmits abroad, on behalf of the Minister of Transport, Chief Inspector of Road Transport.
3. Forms of licenses, referred to in Article. 30 paragraph. 1, adopted from abroad, the Chief Inspector of Road Transport.
Art. 30.
1. Chief Inspector of Road Transport by road carrier permit issued for the carriage of goods abroad, provided they possess the license for international road haulage.
2. The provision of Article. 25 paragraph. 2 shall apply mutatis mutandis.
3. Issue and refusal in the event, referred to in Article. 25 in paragraph. 2 Item 1, permit the carriage of foreign operations are niestanowiącymi administrative decision under the provisions of the Code of Administrative Procedure.
4. Chief Inspector of Road Transport:
1) refuses to permit the carriage of goods in foreign, an administrative decision, in the case, referred to in Article. 25 in paragraph. 2 Item 2;
2) may refuse to permit the carriage of goods in foreign, an administrative decision, in the case, referred to in Article. 25 in paragraph. 2 Item 3.
5. Foreign licensing division between road hauliers, referred to in paragraph. 1, makes the social committee appointed by the Minister of Transport.
6. Committee, referred to in paragraph. 5, consists of 7 people.
7. Minister responsible for transport issues shall specify, by regulation, selecting the mode composition and mode of action of the committee of social, referred to in paragraph. 5, In order to streamline the allocation of foreign licenses and ensuring the work of the representatives of Polish organizations across the country, bringing together international road carriers.
8. Complaints and proposals relating to the licensing of foreign, referred to in paragraph. 3, consider the minister responsible for transport issues.
9. Provisions of the Act regarding foreign authorizations apply to ecopoints issued pursuant to Regulation (WE) no 2327/2003 European Parliament and the Council of 22 December 2003 r. establishing a sustainable transport policy within the transitional points system applicable to 2004 r. for heavy goods vehicles traveling through Austria (Dz.Urz. WE L 345 of 31.12.2003, st. 30; Dz.Urz. EU L Special edition in Polish, Chapter. 7, t. 7, st. 706, with subsequent. zm.).
10. In the case of foreign licenses, whose use is subject to compliance with the relevant vehicle safety requirements or conditions for entry into service, appropriate certifying their compliance spend:
1) Chief Inspector of Road Transport;
2) county road inspector.
Art. 30a.
1. Minister responsible for transport issues shall specify, by regulation:
1) kinds of certificates, referred to in Article. 30 paragraph. 10, and dates of their validity;
2) documents, on the basis of which it is issued and re-certified;
3) specimens of the certificates.
2. In Regulation, referred to in paragraph. 1, Minister responsible for transport issues include in particular:
1) requirements of Directive 96/96/EC on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers, amended by Directive 1999/52/EC, for the purposes of Resolution CEMT / CM (2001)9/Final;
2) extent of the necessary data contained in certificates.
Art. 31.
The international combined transport does not require a permit or permit a foreign carrier Polish foreign, If international agreements, which the Republic of Poland is bound, mutual exemption provided in this area.
Art. 32.
Minister responsible for transport, to streamline licensing procedures for carriage of goods of foreign, can, by regulation, authorized to issue the Polish organizations nationwide gathering of international road transport, Having proper protection of documents related to the issuance of these permits to prevent access by unauthorized persons, equipment rooms in the unit to ensure the safety of stored documents, insurance against all risks and how to account in case of loss, damage to or loss of these documents.
Chapter 4a. The driver attestation
Art. 32a.
For drivers who are not citizens of the European Union Member State, employed by a trader on Polish territory, performing international road transport of goods, the provisions of the European Union on the driver's certificate.
Art. 32b.
1. Chief Inspector of Road Transport, an administrative decision, it seems, refuse to issue a, alter or revoke the driver's certificate.
2. The driver attestation shall be issued on written request of the operator holding a license for international road transport of goods.
3. Driver's certificate with the certificate of discharge from the driver seems to be an entrepreneur for up to 5 years.
4. Application, referred to in paragraph. 2, should contain:
1) become an entrepreneur, its registered office and address;
2) name, date and place of birth and nationality of the driver.
5. The application, referred to in paragraph. 2, accompanied by:
1) photocopy of the license;
2) certificate of employment of the driver and the driver has fulfilled the requirements, referred to in Article. 39a;
3) photocopy of identity document;
4) photocopy of the license;
5) photocopy of the document certifying the driver's social security.
6. For a change, referred to in paragraph. 4, and the data contained in documents, referred to in paragraph. 5, , the provisions of Article. 14 paragraph. 1.
7. Until the expiry of the driver's certificate, the provisions of the license expiration.
Art. 32c.
1. Body entitled to carry out checks on the certificates issued driver's Chief Inspector of Road Transport.
2. (repealed)
3. To carry out checks, referred to in paragraph. 1, , the provisions of Article. 85 i art. 90.
Art. 32d.
(lost its)
Art. 32and.
1. Chief Inspector of Road Transport keeps a register of certificates issued driver's.
2. (repealed)
Section 5. Transport for own
Art. 33.
1. Transport for their own use can be made after obtaining a certificate confirming the application by the operator operating the road as ancillary to its core business.
2. The obligation to obtain a certificate, referred to in paragraph. 1, does not apply to carriage by road undertaken:
1) the universal postal service;
2) by entities, non-entrepreneurs, referred to in Article. 3 paragraph. 2 Item 3, except that in the case of productive activities in agriculture for crop and animal farming, Horticulture, vegetable, forestry and inland fisheries to obtain the certificate does not apply to a farmer within the meaning of the Act of 20 December 1990 r. on social insurance for farmers (Dz.U. of 1998 r. No. 7, Item. 25, with subsequent. zm.);
3) by traders authorized to perform road.
3. Certificate, referred to in paragraph. 1, should contain: become an entrepreneur, his office (place of residence) the adres, number in the register of entrepreneurs or business activity register, nature and scope of the operation of traffic to itself and the type and number of vehicles.
4. The certificate of non-profit national road transport entitlement to operate exclusively on Polish territory.
5. The certificate of non-profit international road transport entitlement to a service of border-crossing Polish Republic. This certificate entitles also to perform a non-commercial carriage of goods by road on Polish territory, according to the type of transport in the specific.
6. Application for a certificate, referred to in paragraph. 1, should contain the information and documents referred to in Article. 8 paragraph. 2 Item 1-4 i ust. 3 Item 1-3, 7 i acc 8.
7. The provision of Article. 14 paragraph. 1 shall apply mutatis mutandis.
8. The certificate of non-profit national road transport and extract or extracts of the certificate is issued by the governor for the seat of the enterprise for a period of 5 years. The certificate of non-profit international carriage by road, and an extract or extracts from the Chief Inspector will issue the certificate of Road Transport for the period 5 years.
9. The competent authority, an administrative decision, the trader refuses to issue a new certificate, in case of execution by the same company owned transport accordance with the certificate.
9a. Entrepreneur, which performed the carriage accordance with established certificate, may apply for a new certificate to the same extent not earlier than after 3 years from the date of expiry of the period, for which they were issued with a certificate.
10. Minister responsible for transport issues shall specify, by regulation, standard certificate, referred to in paragraph. 1, and an extract of the certificate, whereas the European Union legislation, referred to in Article. 20 paragraph. 2.
11. (repealed)
Art. 34.
1. The international carriage of goods by road for own needs may require obtaining the appropriate permit, If international agreements, which the Republic of Poland is bound, so are.
2. The application for authorization, referred to in paragraph. 1, entrepreneur, subject to Article. 33 paragraph. 2, shall attach the certificate referred to in Article. 33 paragraph. 1.
3. The provision of Article. 25 oraz Article. 30 paragraph. 1 shall apply mutatis mutandis.
4. In carrying out the international carriage of passengers by road for own license form is required, referred to in Article. 27.
5. Chief Inspector of Road Transport and keeps records of vehicles engaged in international road transport for own account.
6. (repealed)
7. (repealed)
Art. 34a.
1. On the basis of civil law contracts can be used, for business, cars, motorcycles and mopeds are not owned by the employer.
2. Minister responsible for transport issues in consultation with the Minister responsible for public finance determines, by regulation, determining the conditions and method for reimbursement of vehicle use, referred to in paragraph. 1, Having regard to the type of motor vehicle, its capacity and limit of kilometers, depending on the number of residents in the municipality or city, appropriate to the employee's place of employment.
Section 6. Exemption from permit
Art. 35.
1. Businessman performing road transport may be exempted from the authorization to the exercise by the transport of humanitarian aid, care or in the case of a natural disaster.
2. Exemption, referred to in paragraph. 1, is, an administrative decision, issued by the Chief Inspector of Road Transport.
3. Businessman performing road transport is exempt from permit, If international agreements, which the Republic of Poland is bound, so are.
Art. 36.
Minister responsible for transport issues shall specify, by regulation, documents proving the performance of the transport undertaking, referred to in Article. 35 paragraph. 1.
Section 7. Conditions and procedures for obtaining certificates of professional competence
Art. 37.
1. Obtaining a certificate of professional competence required to demonstrate their knowledge and practice necessary for conducting business in the area of road transport, subject to paragraph. 2.
2. Individuals having at least 5 years of practice, enterprise conducting business activity on road transport or management company performing such activities receive a certificate of competence after a positive test result confirming the expertise of professional competence.
3. To perform international road transport is also required to demonstrate a knowledge of current issues in international agreements and transport regulations, Customs rules and conditions and documents required to perform international road transport.
4. Certificate of professional competence in international road transport of passengers is also a certificate of professional competence in national road transport of passengers.
5. Certificate of professional competence in international road transport of goods is also a certificate of professional competence in national road haulage.
Art. 38.
1. A test of knowledge of the issues, referred to in Article. 37 paragraph. 1 i ust. 3, passed a written examination before an examination.
2. Minister responsible for transport of the individual sets, at which the examination boards operate.
3. Units, referred to in paragraph. 2, issue a certificate of professional competence and provide information about their release to the central register of these certificates kept by the minister responsible for transport.
Art. 38a.
1. People possess a diploma of second degree, uniform master or postgraduate certificate, program which covers the whole range of issues, referred to in the regulations issued pursuant. 39 paragraph. 1 Item 1, are exempted from written examination, referred to in Article. 38 paragraph. 1.
2. People possess a diploma of the first degree, second cycle, uniform master or postgraduate certificate, program which covers some issues, referred to in the regulations issued pursuant. 39 paragraph. 1 Item 1, are exempt from the written examination, referred to in Article. 38 paragraph. 1, in the subjects covered by the program of study.
Art. 39.
1. Minister responsible for transport issues shall specify, by regulation:
1) range of issues covered by the examination, referred to in Article. 38 paragraph. 1, and its form;
2) certification bodies, referred to in Article. 38 paragraph. 2 i 3;
3) qualification requirements for members of the committee and its composition;
4) specimens of the certificates of professional competence in:
a) national road transport of passengers,
b) international road transport of passengers,
c) national road haulage,
d) international road transport of goods.
2. In Regulation, referred to in paragraph. 1, determined separately test the scope and form of knowledge for, referred to in Article. 37 paragraph. 2.
Chapter 7a. Drivers engaged in road transport
Art. 39a.
1. Entrepreneur or other entity engaged in the carriage by road may employ a driver, if he or she:
1) completed:
a) 18 years – if the driver is actually driving the car, for which it is required to have license categories:
– C lub C + It, insofar as the corresponding initial qualification,
– C1 C1 lub + It, insofar as the corresponding initial qualification accelerated,
b) 21 years – if the driver is actually driving the car, for which it is required to have license categories:
– C lub C + It, insofar as the corresponding initial qualification accelerated,
– Lub D D + It, insofar as the corresponding initial qualification,
– Lub D1 D1 + It, if the carriage is performed on a regular, where the route does not exceed 50 km and if the driver has obtained an appropriate accelerated initial qualification,
c) 23 years – if the driver is actually driving the car, for which it is required to have license categories D or D + It, insofar as the corresponding initial qualification accelerated;
2) have the appropriate permission to drive a car, defined in the Act of 20 June 1997 r. – Road Traffic Law;
3) there is no medical contraindications to perform the job of a driver;
4) no psychological contraindication to perform the job of a driver;
5) pre-qualified or accelerated initial qualification, hereinafter referred to as “qualification”;
6) completed the periodic training.
1a. (comes from 2012-02-11)
2. (repealed)
3. Requirements, referred to in paragraph. 1 Item 1, 5 i 6, does not apply to the vehicle driver:
1) to drive the required license category A1, A, B1, Lub B B E;
2) whose maximum design speed of 45 km / h;
3) used by the armed forces;
4) civil defense, protection of individuals or entities responsible for maintaining security or public order;
5) undergoing road tests for technical development by manufacturers, R & D units or colleges;
6) held traveling without passengers or cargo:
a) in order to make the repair or maintenance,
b) from the place of purchase or receive;
7) used in emergencies or rescue operations to be;
8) used to:
a) Driving people applying for a license,
b) training of persons who hold a,
c) conducting state examination of applicants for driving license;
9) used for personal use in road transportation of passengers or goods;
10) used to transport materials or equipment necessary for the driver to his work, provided that driving is not his main occupation.
Art. 39b.
1. To qualifications set if:
1) that the Polish territory:
a) there are at least 185 days a year due to personal or professional ties, or
b) studying for at least six months and submit a certificate confirming this fact, or
2) a national of an EU Member State, intending to operate on behalf of an entity established on Polish territory.
2. The driver must obtain a qualification, according to the vehicle, which it intends to carry out carriage by road, the program blocks defined according to the category of license:
1) C1, C1 + It, C i C + It;
2) D1, D1 + It, D i D + It.
3. Qualification includes theoretical and practical classes and qualification tests.
Art. 39b[1].
1. Classes, referred to in Article. 39b ust. 3, are carried out in the form:
1) school for students – in school, if the curriculum is provided for the driver qualification road carrier, or
2) Course qualification – the training center.
2. Theoretical and practical, referred to in Article. 39b ust. 3, include:
1) Advanced training in rational driving, having regard to safety, in this:
a) knowledge of the technical characteristics and principles of operation of the safety of the vehicle,
b) ability to optimize fuel consumption,
c) ability to provide security in connection with the dangerous goods,
d) ability to ensure passenger safety,
and) ability to properly secure the load;
2) vocational training in the skills of the provisions concerning the exercise of road;
3) vocational training in the risks of occupational, including road safety and environmental safety;
4) vocational training in handling and logistics, including the development of the company's image and knowledge of the market in road transport and its organization.
3. Qualification tests, referred to in Article. 39b ust. 3, are carried out:
1) by the District Examination Committee, after school for students, referred to in paragraph. 1 Item 1, through an external examination confirming vocational qualifications, or
2) the training center, after completion of theoretical and practical, Examining the three-, hereinafter referred to as “committee”, appointed by the governor.
4. The committee may include persons, which:
1) have a higher legal education, economic or technical in the field of automotive and transportation;
2) beings not been convicted for an offense committed for the benefit of property or a crime against credibility of documents;
3) meet the specific requirements of the regulations issued pursuant. 39i ust. 1 Item 4.
5. At least one person – members of the, additionally:
1) is required to be authorized instructor or examiner in the category of license appropriate to the category of implemented program block, referred to in Article. 39b ust. 2, or
2) should be representative of the organization of a nationwide association of undertakings engaged in road transport.
6. Qualification tests, referred to in Article. 39b ust. 3, carried out on the basis of the questions from the catalog of test questions approved by the minister responsible for transport.
7. Product test questions include issues, referred to in paragraph. 2.
8. For conducting the test committee members, entitled to remuneration, the expense of the training center.
9. Training center, referred to in paragraph. 1 Item 2, undertaken by the Commission allows placement test, providing appropriate conditions.
Art. 39b[2].
Driver, qualified in the specific program block, referred to in Article. 39b ust. 2, and intends to operate motor vehicles other than those, for which a license corresponding to the scope of qualifications obtained, is obliged to take the appropriate classification of subsidiary or complementary qualification accelerated. Articles. 39to ust. 1 i art. 39b[1] shall apply mutatis mutandis.
Art. 39c.
1. Voivod or authorized by the committee member or director of the Regional Examination Commission, issue the person, who has obtained a certificate of professional qualification testifying to the appropriate qualifications.
2. Voivod or authorized by the commission member and director of the Regional Examination Commission, within 21 days of the qualifying test, communicate to the central register of drivers following persons, issuing the certificate of professional qualification, referred to in paragraph. 1:
1) name;
2) date and place of birth;
3) registration number of the Universal Electronic System of Population Register (Social Security) or type, series of, number and issuing State ID document – in the case of a person with no social security number;
4) type and range of qualifications and the number and date of issue of the certificate of professional qualification.
Art. 39d.
1. For periodic training set if:
1) that the Polish territory:
a) there are at least 185 days a year due to personal or professional ties, or
b) studying for at least six months and submit a certificate confirming this fact;
2) providing carriage by road to an entity established on Polish territory.
2. The driver is obliged every five years, from the date of the certificate of professional competence attesting to qualifications, completed the periodic training appropriate to the vehicle, which performs the carriage road.
3. The driver can take periodic training in one of the following forms:
1) periodic rate;
2) series of classes over a period of five years, Course program includes periodic.
4. Periodic training is conducted in the facility training program blocks defined according to the category of license:
1) C1, C1 E, C, the C E;
2) D1, D1 E, D i D E.
5. Driver, which ceases to road transport for the obligation to prevent, referred to in paragraph. 2, before resuming for transport is required to complete the periodic training.
6. Driver engaged in the carriage by road different vehicles, are required to have a driving license for at least two categories, referred to in paragraph. 4, can complete the periodic training of a program block.
Art. 39and.
1. Head of the issues to the training center, who has completed the required courses of periodic training, professional qualification certificate confirming completion of periodic training.
2. Head of Training Centre, within 21 days from the date of issue of professional qualifications, referred to in paragraph. 1, transmitted to a central register of drivers following persons, which issued the certificate:
1) name;
2) date and place of birth;
3) Social Security identification number or type, series of, number and issuing State ID document – in the case of a person with no social security number;
4) range, number and date of certificate of professional competence attesting a course of periodic training.
Art. 39f.
1. Driver engaged in the carriage by road is required to obtain entry into the Polish national license, confirming that the requirements, referred to in Article. 39to ust. 1 Item 3 i 4 and appropriately points 5 or 6.
2. Rules for making an entry, referred to in paragraph. 1, defined by the provisions of the Act of 20 June 1997 r. – Road Traffic Law.
3. For the driver who is not a citizen of an EU Member State, holding a driving license issued by a third country, performs or intends to perform the carriage of goods by road for a business established on Polish territory, confirmation that the requirements, referred to in Article. 39to ust. 1 Item 5 i 6, is the testimony of the driver.
4. Drivers who is not a citizen of an EU Member State, possessing a license issued by a third country, performing or intending to carry out carriage by road of persons to the entrepreneur established on Polish territory, which has been completed the initial qualification or periodic training and applying for entry to a license confirming the fulfillment of the requirements, referred to in Article. 39to ust. 1, jurisdiction over the governor's residence, Mode, referred to in Article. 94 paragraph. 2 Act of 20 June 1997 r. – Road Traffic Law (Dz.U. of 2005 r. No. 108, Item. 908, with subsequent. zm. ), lists held by the license for the Polish foreign national driving license, while making an entry in support of those requirements. An additional condition of a driving license is the submission of a statement by the operator of employment or is working with the driver, who will perform or performs on behalf of Road Transport.
5. (repealed)
6. (repealed)
7. (repealed)
8. In the case of non-residents on Polish territory and not performing transport to an entity established on Polish territory requirements, referred to in Article. 39to ust. 1 Item 5 i 6, deemed to be met, if the person has a license or driver qualification card certifying completion of the current entry prequalification or periodic training in another European Union Member State, Swiss Confederation or the Member State of the European Free Trade (EFTA) – Parties to the European Economic Area.
9. In the case of a resident on Polish territory and engaged in the transport to an entity established abroad requirement, referred to in Article. 39to ust. 1 Item 6, deemed to be met, if the person has a license or driver qualification card certifying completion of the current entry of the recurrent training in another European Union Member State, Swiss Confederation or the Member State of the European Free Trade (EFTA) – Parties to the European Economic Area.
Art. 39g.
1. Economic activity in the training center to conduct an activity regulated under the provisions of the Act of 2 July 2004 r. Freedom of Economic Activity (Dz.U. No. 173, Item. 1807, with subsequent. zm.) and needs to be entered in the register of entrepreneurs training center.
2. Terms of business activity in the field of entrepreneur training center meets, which:
1) carries on business in the field of driver training center, specific provisions of the Act of 20 June 1997 r. – Road Traffic Law, or meets the requirements for this activity;
2) shall provide the training in accordance with the program by:
a) faculty with expertise, skills and education necessary to ensure the proper conduct of the training – the theoretical,
b) persons with appropriate permissions for the instruction driving instructor, referred to in the provisions of the Act of 20 June 1997 r. – Road Traffic Law – the practical,
c) persons with appropriate authority to run the training instructor driving techniques, referred to in the provisions of the Act of 20 June 1997 r. – Road Traffic Law – during the course of running in the special conditions conducted on the basis of infrastructure, referred to in paragraph. 2 Item 3, and the device, referred to in paragraph. 11 Item 2;
3) has:
a) housing conditions,
b) teaching equipment,
c) space designed to teach practical,
d) space designed for running in the special conditions,
and) motor vehicles appropriate to the scope of the education and training,
f) detailed training program with a plan of its implementation, and teaching methods;
4) was not, as a natural or legal person of an organ, finally convicted for an offense committed for the benefit of property or a crime against credibility of documents.
3. The authority register of entrepreneurs leading training center is voivode competent for the place of business covered by the entry.
4. Entry in the register of entrepreneurs training center is made at the request of the entrepreneur with the following data:
1) become an entrepreneur, his seat and address or place of residence;
2) number in the register of economic activities or in the commercial register in the National Court Register – when required;
3) tax identification number (NIP) entrepreneurs;
4) the place of training center.
5. The application, referred to in paragraph. 4, entrepreneur joins:
1) training program with a plan for the implementation of training and teaching methods;
2) a copy of the qualifications and knowledge of driving techniques instructors and trainers;
3) copies of documents containing information about: housing conditions, teaching equipment, and space reserved for teaching practice and owned vehicles or a copy of the contract, referred to in paragraph. 11 Item 1, or documents containing information about the device, referred to in paragraph. 11 Item 2, together with a copy of the certificate.
6. With the application, referred to in paragraph. 4, trader makes a statement which reads as follows: ” I declare, that:
1) data in the application for the registration of entrepreneurs training center is complete and correct;
2) I am aware of and complies with the conditions of economic activity in the conduct of training center, defined in the Act of 6 September 2001 r. on road transport.”
7. Statement, referred to in paragraph. 6, should also include:
1) become an entrepreneur, his seat and address or place of residence;
2) the venue and date of the statement;
3) signature of person authorized to represent the, giving her name and his function.
8. The register of entrepreneurs training center must be entered entrepreneurs, referred to in paragraph. 4, with the exception of address, if it is different than the address of the, and its number in that register.
9. Making an entry, Governor gets:
1) entry fee for – representing state budget revenue;
2) the registration fee, referred to in the provisions of the Act of 20 June 1997 r. – Road Traffic Law – to cover the work of a central register of drivers.
10. The voivode shall:
1) the central register of drivers information about the alert entrepreneur to register a center for training entrepreneurs – within 14 days from the date of the entry;
2) registration fee to the Fund – Central Register of Vehicles and Drivers, referred to in the provisions of the Act of 20 June 1997 r. – Road Traffic Law – on the terms and dates specified in the provisions of this Act.
11. The entrepreneur may not meet the requirements, referred to in paragraph. 2 Item 3 lit. d, if:
1) entered into an agreement to carry out the activities of the center to improve driving techniques, referred to in the provisions of the Act of 20 June 1997 r. – Road Traffic Law, or
2) a technical device to simulate driving in special conditions, satisfying the requirements of the regulations issued under paragraph. 12, with appropriate certificate issued by a body accredited in the Polish system of accreditation.
12. Minister responsible for transport issues shall specify, by regulation, Technical and organizational requirements and the scope of functionality implemented by the device, referred to in paragraph. 11 Item 2, Having regard to the need to use the training facilities that meet the uniform requirements.
Art. 39h.
1. Supervision is exercised governor training centers.
2. Within the surveillance Governor:
1) carry out an audit of the:
a) training center to fulfill the requirements, referred to in Article. 39g ust. 2,
b) compliance with the training they receive training programs,
c) documents required in connection with the training;
2) when determining breaches of the conditions of business shall fix the date of their removal;
3) issue a decision on the Prohibition of the entrepreneur training center and removals from office of the undertaking from the register of entrepreneurs training center, if the entrepreneur:
a) made a statement and other documents annexed to the application, referred to in Article. 39g ust. 5, inconsistent with the facts,
b) did not eliminate violations of conditions for economic activity to conduct a training center designated by the governor within,
c) grossly violated the conditions of establishment in the field of training center.
3. Flagrant violation of the conditions of establishment in conducting a training center:
1) training the contrary with the training program;
2) a certificate of professional qualification inconsistent with the facts;
3) refusal to submit to an inspection, referred to in paragraph. 2 Item 1.
4. Information about the removal from the register of business enterprises conducting training center shall provide the governor central register of drivers within 14 days from the date of the decision on the Prohibition of the entrepreneur training center.
Art. 39i.
1. Minister responsible for transport issues shall specify, by regulation:
1) Specific requirements for the entrepreneur who runs a training center, referred to in Article. 39g, of the technical infrastructure, housing conditions, teaching equipment and vehicles used during the training;
2) specific conditions of conducting training in the prequalification, accelerated initial qualification, supporting the initial qualification, supporting an accelerated initial qualification, periodic training and classes based on a standard periodic training, referred to in Article. 39d ust. 3 Item 2;
3) Specific conditions for qualification testing;
4) Specific requirements for committee members, manner of their appointment and the amount of their remuneration, which can not be higher than 400 zł per exam;
5) model certificate of professional qualification;
6) the adequacy of the documentation associated with conducting the initial qualification training centers, accelerated initial qualification, supporting the initial qualification, supporting an accelerated initial qualification and periodic training;
7) (repealed);
8) entry fee for an entrepreneur to register a center for training entrepreneurs.
2. By regulation, referred to in paragraph. 1, Minister responsible for transport issues for the respective:
1) European Union legislation in the field, referred to in paragraph. 1 Item 1, and the need to ensure the proper organizational and technical requirements for conducting courses and activities;
2) European Union legislation in the field, referred to in paragraph. 1 Item 2, and the need for an objective test preparation to obtain the initial qualification and an accelerated initial qualification in the field of road transport;
3) the need for uniform procedures for the qualification testing;
4) need to ensure an adequate level of education and the period of professional practice committee members to the extent of knowledge required for execution of road, and the need to ensure coverage of costs associated with the performance of qualification tests by the committee;
5) range of data necessary to confirm compliance by the carrier road driver requirements of the Act, in particular as regards medical and psychological examinations, their training, its powers to drive a car, competent authorities and bodies authorized to issue certificates of professional qualification;
6) range of data necessary for the proper conduct of prequalification, accelerated initial qualification, supporting the initial qualification, supporting an accelerated initial qualification and periodic training, of candidates for drivers and drivers engaged in road transport, entities authorized to conduct courses and activities, authorities competent in matters of registration, and the provisions of the European Union in obtaining documents relating to an initial qualification and periodic training;
7) need to ensure adequate protection documentation relating to the conduct by the initial qualification training centers, accelerated initial qualification, supporting the initial qualification, supporting an accelerated initial qualification and periodic training;
8) (repealed);
9) the amount of actual costs associated with conducting business register leading centers for training and the amount of the costs associated with verification of documents.
Art. 39j.
1. Driver engaged in the carriage by road shall be medically examined to determine the presence or absence of medical contraindications to perform the job of a driver.
2. Medical examinations, referred to in paragraph. 1, are performed, subject to paragraph. 3-6, the extent and on terms specified in the provisions of the Act of 26 June 1974 r. – The Labour Code (Dz.U. of 1998 r. No. 21, Item. 94, with subsequent. zm.), hereinafter referred to as “Labor Code”.
3. Scope of medical examinations, referred to in paragraph. 1, also includes establishing the existence or absence of medical contraindications to drive, accordance with the Act of 20 June 1997 r. – Road Traffic Law.
4. Medical examinations, referred to in paragraph. 1, are carried out:
1) until the completion of the driver 60 years – co 5 years;
2) after completion of the driver 60. years – co 30 months.
5. The first medical examination, referred to in paragraph. 1, is performed prior to the issue of professional qualification certificates attesting to the qualifications, and each subsequent driver under the age of 60 years – within the right to complete the periodic training, but not later than the date of issue of the certificate of professional competence attesting to the recurrent training.
6. Medical examinations, referred to in paragraph. 1, do doctors authorized to practice preventive examinations, referred to in the provisions of the Labor Code, having additional powers to carry out medical examinations of applicants for drivers and drivers under other legislation.
Art. 39k.
1. Driver engaged in the carriage by road is subject to psychological testing conducted to determine the presence or absence of psychological contraindications to perform the job of a driver.
2. Psychological research, referred to in paragraph. 1, are performed, subject to paragraph. 3 i 4, the extent and under the terms of the drivers in the act of 20 June 1997 r. – Road Traffic Law.
3. Psychological research, referred to in paragraph. 1, are carried out:
1) until the completion of the driver 60 years – co 5 years;
2) after completion of the driver 60. years – co 30 months.
4. The first psychological study, referred to in paragraph. 1, is performed prior to the issue of professional qualification certificates attesting to the qualifications, and each subsequent driver under the age of 60 years – within the right to complete the periodic training, but not later than the date of issue of the certificate of professional competence attesting to the recurrent training.
Art. 39the.
1. Entrepreneur or other entity engaged in the carriage by road is required to:
1) directing drivers to:
a) periodic training,
b) medical and psychological;
2) cover the cost of medical and psychological examinations;
3) storage for the entire period of employment a copy of the driver:
a) certificates of professional qualification,
b) medical and psychological judgments;
4) documentation of medical and psychological examinations;
5) forward of the driver at the time of termination of service of copies of judgments and certificates, referred to in paragraph 3.
2. Entrepreneur or other entity engaged in the carriage by road will cover a temporary driver's training.
3. The fulfillment by the trader or by any other entity engaged in the carriage by road duty, referred to in paragraph. 1 Item 1 lit. b, considered to be equivalent to the fulfillment of obligations of the employer in carrying out initial and periodic medical examinations, referred to in Article. 229 § 1 i 2 Labor Code.
Art. 39m.
Requirements, referred to in Article. 39a-39L, shall apply to the operator or other person personally carrying out the transport by road.
Section 8. Fees
Art. 40.
An entrepreneur who and performing road transport is obliged to pay fees for:
1) administrative activities defined in the Act;
2) conduct of the examination, referred to in Article. 38 paragraph. 1;
3) certificate of professional competence, referred to in Article. 38 paragraph. 3.
Art. 41.
1. Fees for administrative services is taken from the title:
1) licensing, change the license, extension of the license, extract from the license issue, issuance of a duplicate license, transfer of rights under the license and consent to the exercise of rights under license;
2) authorization, changing the permit, renewal of a permit, discharge from the permit issue, issuance of a duplicate permit to carry out regular transport, regular transport of special, transport shuttle or occasional services;
3) the authorization of cabotage;
4) permit foreign;
5) issue of the certificate or amendment of certificates, issue a certificate of discharge from the application of activity in transport on own account;
6) authorization to perform international road transport of persons on or through the territory of Polish automotive vehicle construction designed to carry no more than 9 persons including the driver;
7) driver's certificate or its amendment and issuance of a duplicate driver's certificate;
8) waybill issue;
9) issue a certificate of, referred to in Article. 30 paragraph. 10, or change and issuance of a duplicate certificate;
10) decision, referred to in Article. 20to ust. 2.
2. Fees, referred to in paragraph. 1, take these steps, the authorities making.
3. Fees, referred to in Article. 40 Item 2 i acc 3, unit gets, referred to in Article. 38 paragraph. 2 i ust. 3.
4. Minister responsible for transport in order to streamline procedures for charging may, by regulation, authorize, under certain conditions, to collect fees for certain administrative services for international road transport, referred to in paragraph. 1, Polish nation-wide organizations associating international road carriers.
5. (repealed)
Art. 42.
1. Entities carrying on Polish territory road transport are required to pay tolls on motor vehicle roads, the maximum amount can not be higher than the equivalent 1 800 per year, with the exception of:
1) companies engaged in road transport by taxi;
2) combined transport vehicles;
3) pursuing public transport vehicles;
4) sheltered workshops or activity facilities, in the case of the operation for their own;
5) vehicles with a weight below 12 ton.
1a. Exclusion, referred to in paragraph. 1, not exempt from the payment of highway tolls, referred to in the provisions on toll motorways and National Road Fund.
2. The fee, referred to in paragraph. 1, depend on the:
1) travel time on roads;
2) type of motor vehicle;
3) number of axles and vehicle emission.
3. Fee, referred to in paragraph. 1, may in particular be paid in:
1) offices of the Road Transport Inspection;
2) border customs offices;
3) Customs offices within the country;
4) stations, subject to paragraph. 4;
5) Polish organizations of road transport associations nationwide, subject to paragraph. 5.
3a. Subject, referred to in paragraph. 1, pay an annual fee, monthly, seven-day or daily.
3a[1]. The annual fee can be paid by the, referred to in paragraph. 1, in installments.
3b. Card charges daily and seven days may be filled by the, referred to in paragraph. 1, within:
1) 7 days – the issue of payment cards daily;
2) 14 days – the issue of seven-card fees.
4. Entrepreneurs running gas stations may charge after the conclusion of agreements with the Chief Inspector of Road Transport.
5. Polish road transport organizations across the country may charge after the conclusion of agreements with the Chief Inspector of Road Transport.
6. The agreements, referred to in paragraph. 4 i ust. 5, shall specify in particular:
1) way to secure the toll card provided to prevent access by unauthorized persons;
2) equipped with appropriate devices to ensure protection against disappearance, damage or loss of documents;
3) compulsory insurance of the documents received from any risks associated with their disappearance, damage or loss;
4) accounting principles of the General Inspector of Road Transport in case of loss, damage to or loss of documents received.
6a. General Director for National Roads and Motorways, at the request of the Chief Inspector of Road Transport, orders toll card bodies.
6b. Chief Inspector of Road Transport is distributed blank cards for players toll, referred to in paragraph. 3.
7. Minister responsible for transport, in consultation with the Minister responsible for public finance, determine the, by regulation, type and rate of tolls on national roads, accordance with the principles set out in paragraph. 2, and the mode and manner of settlement of the payment of the fee in case of failure, in whole or in part, evidence of its contribution for the annual period for reasons independent of the entrepreneur, as well as models of evidence of that charge injection.
8. Minister responsible for transport issues shall specify, by regulation, Specific conditions for payment of the fee in installments, demands on the person seeking the fee and the time limits and amount of installments, considering in particular the ability of the entity uiszczającego toll-road motor vehicle to make timely repayments of the national payments, referred to in paragraph. 3a[1], and effective enforcement.
Art. 42a.
The provision of Article. 42 does not apply to non-entrepreneurs, and placed in the public sector.
Art. 43.
1. On the basis of reciprocity may be levied on foreign companies charge other than those referred to in Article. 42.
2. The minister responsible for transport may, by regulation, introduce fees for foreign entrepreneurs, referred to in paragraph. 1, determining the amount of, the payment mode and units appropriate to their collection.
Art. 44.
1. Units, referred to in Article. 26, art. 32, art. 42 paragraph. 3 oraz Article. 43 paragraph. 2, receive a commission on charges, of not less than 7% and not more than 10%.
1a. (repealed)
1b. (repealed)
2. Minister responsible for transport, in consultation with the Minister responsible for public finance, determine the, by regulation, the amount of commission rates and the manner of collection and accounting of units, referred to in paragraph. 1.
Art. 45.
1. Businessman performing road transport may be exempted from fees, referred to in Article. 42 i art. 43, when exercising the transport of humanitarian aid, care or in the case of a natural disaster.
2. Exemption, referred to in paragraph. 1, is, an administrative decision, issued by the Minister of Transport, the joint request of the entrepreneur and a national authority or a humanitarian organization.
Art. 45a.
Rules toll-road vehicles in national electronic system shall be governed by the Act of 21 mark 1985 r. Public Roads (Dz.U. of 2007 r. No. 19, Item. 115 the No. 23, Item. 136).
Art. 46.
1. Revenues from fees, referred to in Article. 41 paragraph. 1 Item 7-9, art. 42 i art. 43, and income from fees:
1) in international road transport:
a) licensing, change the license, extension of the license, extract from the license issue, issuance of a duplicate license, transfer of rights under the license and consent to the exercise of rights under license,
b) authorization, changing the permit, renewal of a permit, discharge from the permit issue, issuance of a duplicate permit to carry out regular transport, regular transport of special, transport shuttle or occasional services,
c) decision, referred to in Article. 20to ust. 2,
d) the authorization of cabotage,
and) authorization, referred to in Article. 19to ust. 1,
f) issue of the certificate, changes in the certificate, issue a certificate of discharge from the application activities in the field of international transport for own account,
2) Release of multiple foreign permit issued by the International Transport Forum (International Transport Forum),
3) authorization to perform international road transport of persons on or through the territory of Polish automotive vehicle construction designed to carry no more than 9 persons including the driver
– are made in full to a separate bank account of the General Directorate for National Roads and Motorways.
1a. Revenues from fees, for issuing foreign permits to perform international road transport of goods or persons, are passed, subject to paragraph. 1 Item 2:
1) in a separate bank account of the General Directorate for National Roads and Motorways – 50% influence;
2) to the state budget – 50% influence.
2. General Director of Roads and Highways supervises the correct implementation of the revenue from charges, referred to in Article. 41 paragraph. 1 Item 7-9, art. 42 i art. 43.
3. General Director for National Roads and Motorways, the amounts of charges, referred to in paragraph. 1 i ust. 1a acc 1, within the 10 day of the month following the month of receipt, on behalf of the National Road Fund, for the purpose of construction and reconstruction of national roads and to collect data on public roads, and making information on the public road network, as well as to improve road safety and highway construction and card printing tolls on national roads.
3a. (repealed)
4. Revenues from other fees than those mentioned in paragraph. 1, revenue account for the local authorities or the state budget.
Art. 47.
1. Minister responsible for transport, in consultation with the Minister responsible for public finance, determine the, by regulation:
1) fees for administrative services, referred to in Article. 41 paragraph. 1, whereas in particular the type and duration of the powers granted, for which will be issued;
2) fees for examinations and for issuing a certificate of professional competence.
2. In Regulation, referred to in paragraph. 1, fees will be determined:
1) for licenses, depending on the:
a) license period,
b) number of cars, which seems to be extracts from the license,
c) road transport,
d) types of traffic,
and) type of vehicles – in international road transport of passengers;
2) in the case of a permit, depending on the:
a) validity of the permit,
b) type of authorization;
3) in the case of a certificate confirming the application by the operator operating the road as ancillary to its core business, depending on the:
a) in services,
b) traffic types;
4) in the case of a certificate of professional competence, depending on the:
a) scope and form of the knowledge test including the cost of the test,
b) kind of certificate of professional competence, taking into account the costs of issue;
5) in the case of the driver's certificate, depending on the period of validity.
3. The amount of fees:
1) licensing – can not be higher than the equivalent 1 000 000 euro;
2) authorization of road passenger transport – can not be higher than the equivalent 800 euro;
3) authorization of cabotage – can not be higher than the equivalent 800 euro for the carriage of one-;
4) permit foreign – can not be higher than the equivalent:
a) 500 euros for an annual permit multiple,
b) 15 euros for a one-time permit;
5) driver's certificate – can not be higher than the equivalent 10 euro;
6) waybill issue – can not be higher than the equivalent 30 euro;
7) issue a certificate of, referred to in Article. 30 paragraph. 10 – can not be higher than the equivalent:
a) 70 euro for non-motor vehicle certificate,
b) 50 euros for a motor vehicle in case of renewal of the certificate,
c) 30 euros for a trailer or semitrailer not having a certificate,
d) 15 euro for a trailer or semitrailer in case of renewal of the certificate.
Section 9. Road Transport Inspection
Art. 48.
Creates the Road Transport Inspection, hereinafter referred to as “Inspection”, established to monitor compliance with legislation on road transport and non-commercial domestic and international road transport of motor vehicles, with the exception of vehicles, referred to in Article. 3.
Art. 49.
Not affect the provisions of the Act provided for separate acts of duties and powers of public authorities to monitor compliance with the provisions of.
Art. 50.
The tasks of the Inspectorate should be:
1) control:
a) documents relating to the implementation of road transport or transport for own account and that the conditions set out in them,
b) shipping documents specified in the Act of 15 November 1984 r. – Transport Law, and other shipping documents relating to the implementation of road transport or transport for own account, referred to in Article. 1,
c) enforcement of traffic regulations to the extent and on terms specified in the Act of 20 June 1997 r. – Road Traffic Law,
d) compliance with regulations on driving times and mandatory breaks and rest time of drivers,
and) compliance with specific terms and conditions of transport of animals,
f) compliance with the terms and conditions of carriage of dangerous goods by road,
g) entered the market of pressure equipment for compliance with technical requirements, technical documentation and the correct label to the extent specified in the Act of 28 October 2002 r. on road transport of dangerous goods (Dz.U. No. 199, Item. 1671, with subsequent. zm. ),
h) type of fuel used,
i) documents related to the exercise of public transport;
2) conduct of administrative proceedings, including issuing administrative decisions on the principles defined in the Act, as well as taking other actions provided for herein, Cases:
a) license for international road transport,
b) authorizations for international road transport and cabotage authorizations,
c) waybills,
d) certificates for non-profit international road transport,
and) driver's certificate,
f) Certificates, referred to in Article. 30 paragraph. 10;
3) to the activities of foreign licenses and permits the Minister of Transport.
Art. 50a.
Minister responsible for transport issues in consultation with the Minister responsible for public finance shall determine, by regulation, detailed procedure for inspection, referred to in Article. 50 Item 1 lit. h, Having a way to carry out inspection and testing of the type of fuel used.
Art. 50b.
Maintenance, repair and routine maintenance of technical equipment for weighing vehicles is funded from the state budget was included in the, which is administered by the minister responsible for transport.
Art. 51.
1. The tasks of the Road Transport Inspection of this chapter shall perform the following bodies:
1) Chief Inspector of Road Transport;
2) governor acting through the provincial road transport inspector, hereinafter referred to as “provincial inspector”, As the manager of the provincial inspection of road forming part of the provincial government complex.
2. The authorities referred to in paragraph. 1 perform the tasks of the Road Transport Inspectorate under the competences defined in the Act and separate regulations.
3. Chief Inspector of Road Transport coordinates, supervises and controls the activities of provincial inspectors of road transport and supervise the implementation of the fiscal year material and financial plans in the section on provincial road transport inspectorates.
4. Provincial road transport inspector directs the activities of the provincial road transport inspectorate.
5. Activities related to the implementation of tasks defined in Article. 50 Item 1 the extent specified in Article. 68-75 provincial inspectors perform road transport inspectorates, hereinafter referred to as “inspectors”.
6. In matters relating to the implementation of tasks and responsibilities Inspection, referred to in Article. 50 Item 1, competent authority is a county inspector, a higher level authority within the meaning of the Code of Administrative Procedure - Chief Inspector of Road Transport.
7. In matters relating to the implementation of tasks and responsibilities Inspection, referred to in Article. 50 Item 2 i 3, the competent authority is the Chief Inspector of Road Transport.
Art. 52.
1. Chief Inspector of Road Transport Inspectorate headed by the Chief Inspector under his authority, and delegations of the Road Transport Inspectorate of the Central field of Road Transport, hereinafter referred to as “Delegations”.
1a. Chief Inspector of Road Transport may matter within the jurisdiction of the delegation to take or pass another delegation to attend either a matter for their properties to pass to attend the delegation indicated.
1b. Delegations guided by heads of delegations. Decisions and orders on matters within the competence of the delegations and in cases delegated by the Chief Inspector of Road Transport chiefs of delegations appear on behalf of the Chief Inspector of Road Transport.
1c. Delegation provides support for the Regional Inspectorate of road transport which its headquarters.
2. The Prime Minister, by order, the statute of the Chief Inspectorate of Road Transport, which defines the organization of the General Inspectorate of Road Transport and Delegations, including the territorial scope of activities of delegations and regional road transport inspectorates which their headquarters.
3. Regional Inspector directs the provincial inspection by provincial road transport inspectorate.
4. Minister responsible for transport, in consultation with the Minister responsible for public administration, determine the, by regulation, principles of organization of provincial inspectorates road, Having regard to the division of organizational.
Art. 53.
1. Chief Inspector of the central government administrative body subordinated to the minister responsible for transport.
2. The Chief Inspector is appointed by the Prime Minister, among those selected through an open and competitive recruitment, at the request of the Minister of Transport. The Prime Minister dismissed the Chief Inspector.
3. Deputy Chief Inspector appointed by the Minister responsible for transport issues, among those selected through an open and competitive recruitment, at the request of the Inspector General. Minister responsible for transport links, at the request of the Inspector General, his deputy.
3a. The position of the Chief Inspector may occupy an, which:
1) has a Master's degree or equivalent;
2) is a Polish citizen;
3) enjoy full civil rights;
4) has not been convicted of an intentional crime or tax offense intentional;
5) has the power steering;
6) has at least 6 years work experience, including at least three years work experience in a management position;
7) have education and knowledge of the matters within the jurisdiction of the Road Transport Inspection.
3b. Information about the vacancy for the Chief Inspector shall be designated by placing ads in a publicly accessible place at the headquarters office and the office of Public Information and Public Information Office of the Prime Minister. The announcement should include:
1) name and address of the office;
2) define the;
3) requirements associated with the position under law;
4) range of tasks performed at the;
5) indication of the required documents;
6) date and place of submission of documents;
7) information about recruitment methods and techniques.
3c. Appointment, referred to in paragraph. 3b acc 6, not be less than 10 days from the date notice is published in the Bulletin of the Public Information Office of the Prime Minister.
3d. Recruitment for the post of Chief Inspector of the team performs, appointed by the minister responsible for transport, comprising at least 3 people, whose knowledge and experience give guarantee to identify the best candidates. In the course of recruitment experience is assessed candidate, knowledge necessary to perform the tasks of an, which is carried out recruitment, and managerial competence.
3and. Assessment of knowledge and competence management, referred to in paragraph. 3d, can be made on behalf of the team by a non-member of the team, who is qualified to make this assessment.
3f. A team member and a person, referred to in paragraph. 3and, are required to maintain the confidentiality of information relating to individuals applying for the position, obtained during the recruitment.
3g. In the course of the recruitment team emerges no more than 3 candidates, which shows the minister responsible for transport.
3h. The recruitment team conducted up a protocol containing:
1) name and address of the office;
2) define the, which was led enrollment, and the number of candidates;
3) names, names and addresses of no more than 3 the best candidates in order of their level of compliance with the requirements specified in the notice of vacancy;
4) information on methods and techniques of recruitment;
5) grounds or reasons for your choice candidate niewyłonienia;
6) team.
3i. The result of recruitment is announced immediately by placing the information in the Public Information Office and the Public Information Office of the Prime Minister. Information about the outcome of recruitment has:
1) name and address of the office;
2) define the, which was led enrollment;
3) names, the names of the candidates elected and their place of residence within the meaning of the Civil Code, or information about a candidate niewyłonieniu.
3j. Putting the Public Information Office of the Prime Minister calls for applications and the outcome of this call is free.
3k. The team conducting the recruitment for the position, referred to in paragraph. 3, appointed by the Chief Inspector.
3the. To how to recruit for the position, referred to in paragraph. 3, paragraph shall apply accordingly. 3a-3j.
4. Provincial Supervisor appointed and dismissed by governor, with the consent of the Chief Inspector.
5. Deputy inspector of the provincial governor appoints and dismisses, at the request of the provincial inspector, in consultation with the Chief Inspector of Road Transport.
Art. 54.
1. Chief Inspector supervises and provincial inspectors have the right to control their activities, and to issue binding orders to them in this area.
2. Chief Inspector of Road Transport:
1) Inspection is developing courses of action in consultation with organizations of carriers nationwide and plans for the control of national importance, approved by the minister responsible for transport;
2) the methods and forms of performance of the Inspectorate, the extent not covered by other regulations issued under the Act;
3) organizes specialized courses and training of inspectors;
4) prepares draft regulations for the control of road freight;
5) develops, in cooperation with the Police Commander in Chief, Chief Commander of Border Guards, Head of the Customs Service and the Chief Inspector of Labour, unified national strategy to control legislation on driving time and stop time, mandatory breaks and rest time of drivers;
6) ensures the participation of Inspection, at least six times a year, the coordinated control of the competent authorities of another Member State or Member States of the European Union, Member States of the European Free Trade (EFTA) – Parties to the European Economic Area, roadside checks of drivers of vehicles falling within the scope of Council Regulation (EWG) no 3821/85 of 20 December 1985 r. on recording equipment in road transport (Dz.Urz. WE L 370 of 31.12.1985, st. 8 and Dz.Urz. WE L 274 of 09.10.1998, st. 1) and Regulation (WE) no 561/2006; such checks are carried out on Polish territory, and can be carried out jointly with the Polish control bodies;
7) implements, at least once a year, shared with the relevant authorities responsible for intra-Community relations in the Member States of the European Union, Member States of the European Free Trade (EFTA) – Parties to the European Economic Area, training program on best practices of control and exchange of personnel;
8) grant the competent authorities of another EU Member State, Member States of the European Free Trade (EFTA) – Parties to the European Economic Area, necessary assistance and clarification on the situation, when there is insufficient data to determine when a roadside check carried out on the territory of the European Union Member State, Member States of the European Free Trade (EFTA) – Parties to the European Economic Area, that the driver of a vehicle registered in the Polish Republic, violated rules on driving time and stop time, mandatory breaks and rest time;
9) ensures the participation of its representative on the Committee support the European Commission, established under Article. 18 paragraph. 1Council Regulation (EWG) no 3821/85 of 20 December 1985 r. on recording equipment in road transport;
10) exchange with the competent authorities of the Member States of the European Union, Member States of the European Free Trade (EFTA) – Parties to the European Economic Area, least once every six months or on a case of a request, information is available pursuant. 19 paragraph. 3Council Regulation (EWG) no 3821/85 of 20 December 1985 r. on recording equipment in road transport and Articles. 22 paragraph. 2 Regulation (WE) no 561/2006;
11) Inspectorate performs tasks relating to control and supervision over the observance of traffic rules by drivers of vehicles, referred to in Article. 129g ust. 1 Act of 20 June 1997 r. – Road Traffic Law;
12) developed by the governors agreed draft annual plans, material and financial resources in the section on provincial road transport inspectorates.
2a. The tasks of the Chief Inspector of Road Transport are funded from the state budget from the, which is administered by the minister responsible for transport.
3. Regional inspector shall draw up courses of action the provincial road inspection, approved by the Chief Inspector.
4. Chief Inspector of Road Transport biennially submit to the Council of Ministers, through the Minister of Transport, unified national strategy to control, the deadline of 30 November.
Art. 54a.
(repealed)
Art. 54b.
1. Chief Inspector of Road Transport is the body responsible for contacts in the control of intra-laws on driving time and stop time, mandatory breaks and rest periods for drivers engaged in road transport.
2. Chief Inspector of Road Transport, The Chief Police Commander, Chief Commander of Border Guard, Head of the Customs Service and the Chief Labour Inspector shall keep records of statistical data on the control driving and waiting time, mandatory breaks and rest periods for drivers engaged in road transport, the following categories:
1) for roadside checks:
a) type of road: National, provincial, county or municipal,
b) state, in which the controlled vehicle is registered,
c) type of tachograph: analog or digital;
2) in the case of checks at the premises:
a) Category of road: international or national, carriage of passengers or goods, transport for their own or road transport,
b) size of company fleet,
c) type of tachograph: analog or digital.
3. The Chief Police Commander, Chief Commander of Border Guard, Head of the Customs Service and the Chief Labour Inspector General Inspector provide the Road Transport in written and electronic statistical data, referred to in paragraph. 2, the deadline of 31 July in the year following the reporting year.
4. Chief Inspector of Road Transport Commission provide summary statistics obtained, accordance with paragraph. 3, the deadline of 30 September after a two year period covered by.
Art. 55.
1. The inspector performing the tasks, referred to in Article. 50, has the right to:
1) enter the vehicle;
2) document control;
2a) control of the driver card and the card company;
3) control, vehicle mounted measuring and control devices or digital tachograph;
4) controlling weight, axle loads and vehicle dimensions using a measuring instrument;
5) require the trader and his staff written or oral explanations, presentation of documents and other media information and access to all data relevant to the subject of;
6) entry to the entrepreneur, including the space, where he is established, in the days and hours, which is or should be carried out this activity.
1a. The inspector shall conduct monitoring activities, referred to in paragraph. 1 Item 2, 5 i 6, in the presence of the trader or a person authorized by him.
1b. Inspection of documents, referred to in Article. 87, made in the presence of the inspector in charge of transport moving.
2. The inspector is also entitled to:
1) use of coercive;
2) use of firearms.
Art. 56.
The inspector has the right, in particular, to impose and collect fines:
1) accordance with the provisions of the Act;
2) accordance with the provisions of Public Roads.
Art. 57.
1. Coercive measures shall apply to persons referred to in Article. 68 paragraph. 1 Item 1, niepodporządkowujących instructions given by the inspectors, and also to prevent the execution of control activities.
2. Coercive measures may be used only to the extent necessary to achieve the submission to the commands, referred to in paragraph. 1, or to effectively repel a direct and illegal attack on inspector.
3. It is permissible to use only such means of restraint, which correspond to the exigencies of a situation, and provided, that are readily available in this situation as it can not be effectively and safely perform the control activities.
Art. 58.
1. For direct coercion measures include the use of:
1) physical force, as incapacitating holds and similar techniques of defense;
2) individual technical and chemical means or devices designed to incapacitate people and immobilisation.
2. Physical strength can be used to repel an assault or forced to execute or arrest the person sought.
3. Individual technical and chemical means of restraint can be used for warding off assault, overcome active resistance or subverts the escape of the person controlled.
4. The inspector may also be used kolczatka road or other technical equipment for vehicle immobilization.
5. The use of technical equipment, referred to in paragraph. 4, Precede:
1) stop signal, given by the inspector in an understandable and visible to the driver of the vehicle zatrzymywanym;
2) stopping traffic in both directions at a distance of not less than 100 meters from the device.
Art. 59.
1. Coercive measures can be used after prior notice to the conduct of a lawful and after an unsuccessful anticipation of the intention to use them.
2. The inspector may waive the notice the person to behave in accordance with the law and the notice of the intention to use coercive measures, if the delay would risk the danger to life, human health or property.
3. Coercive measures shall be applied in such a way, to achieve their orders are obeyed cause the least possible discomfort to the person, to which they are used.
4. Further application of coercive measures should be abandoned, when a person, to which these funds were used, complied with the orders issued.
Art. 60.
If by the measure of restraint was injured persons, inspector is obliged to give her first aid, and if necessary call a doctor.
Art. 61.
1. The fact of a coercive measure directly the inspector shall immediately notify in writing the immediate supervisor.
2. The superior is obliged to examine the merits of each case, conditions and manner of application of direct force by subordinate inspectors.
Art. 62.
1. In the event that such coercive measures listed in Article. 58 paragraph. 1 is insufficient or their use in the circumstances of the event will not be possible, the inspector may use a firearm.
2. The use of firearms by an inspector in the case, referred to in paragraph. 1, can be made only to repel an imminent and unlawful attack on his life or health.
3. Through the use of firearms meant the shot in the direction of a person in order to incapacitate, after the exhaustion of the proceedings referred to in Article. 63.
4. Inspector, decides on the use of firearms, should proceed with extreme caution, treating the weapon as a last resort action.
5. Firearms should be used in a manner injurious least possible harm to the person, against which it was used, and its use may not seek to deprive that person's life or to expose members of the public to danger to life or health.
Art. 63.
1. Inspector prior to the use of firearms is required:
1) the cry “Inspection of Road” call the person, in relation to the anticipated use of firearms, to behave in accordance with the law, in particular, for the immediate abandonment of weapons or other dangerous tool, withdraw from the wrongful act or omission of the use of violence or escape;
2) in the event of non-call of specified in paragraph 1, threaten the use of firearms shout “Halt, I'll shoot”;
3) give a warning shot up, if the operations specified in paragraphs 1 i acc 2 prove to be ineffective.
2. The provisions of paragraphs. 1 not applicable, when the behavior of a person holding a weapon or other dangerous tool shows, any delay would risk an immediate danger to human life or health.
3. The use of firearms in situations, referred to in paragraph. 2, must be preceded by a shout “Inspection of Road”.
Art. 64.
1. If, through the use of firearms is injury or death of a person suspected, inspector is required to, without undue delay, first aid and call your doctor immediately and notify the nearest unit of the Police.
2. In cases, referred to in paragraph. 1, and as a result of the use of firearms has been to cause damage to property, addition, the inspector is obliged to secure evidence at the scene and avoid the third place, and if possible – determine the witnesses.
Art. 65.
1. Each case use of firearms or engage in activities, referred to in Article. 63, inspector shall immediately notify the immediate supervisor and make a written note.
2. The duties of the voivodeship inspector must:
1) study, or use of firearms or to take steps specified in Article. 63 was in accordance with applicable regulations;
2) immediate notification to the prosecutor – in case of, that the use of a firearm in violation of applicable regulations;
3) disciplinary proceedings in the case referred to in paragraph 2 and if it finds that, that undertake the activities referred to in Article. 63 did not comply with current regulations.
Art. 66.
1. Inspectors performing the tasks specified in Article. 50 Law may be equipped with firearms.
2. Firearms permit issued to bearer, at the request of the provincial inspector, in the manner specified in the Act of 21 May 1999 r. Weapons and ammunition (Dz.U. of 2004 r. No. 52, Item. 525 the No. 96, Item. 959 and 2006 r. No. 104, Item. 708 i 711), jurisdiction over the Regional Police Commander.
3. Regional Inspector purchases of firearms and ammunition, according to the rules specified in the regulations on firearms and ammunition.
4. Regional Inspector request the locally competent provincial police commander Inspector for authorization to possess firearms and ammunition under the terms of the regulations on firearms and ammunition.
5. Inspectors, after operation, shall be required for daily accountability of weapons and ammunition to the pop-gun magazine, located in the local police, where the inspector to carry out its task of business.
Art. 67.
1. Inspection of works in particular with: Police, Internal Security Agency, Intelligence Agency, Government Protection Bureau, Military Police, Border Guard, Customs Service, fiscal control, National Labour Inspectorate, Trade Inspection, Inspection of Environmental Protection, Veterinary Inspection and road managers – safety and order on public roads and the fight against traffic offenses carried out in the field of road transport or in connection with the transport, taking into account the characteristics and competencies of the authorities and Inspection Task.
2. In order to implement the tasks defined in Article. 50 Inspection of works with local government bodies, as well as with organizations of road transport.
Art. 68.
1. Control, referred to in Article. 50 i 87, subject to paragraph. 2, are:
1) drivers engaged in road transport, or transport for their own,
2) entrepreneurs running or road transport for their own,
3) entities, referred to in Article. 3 paragraph. 2 – hereinafter referred to as “controlled”.
2. Control, referred to in paragraph. 1, not subject to the vehicles carrying the cash value within the meaning of provisions on the protection of persons and property.
Art. 69.
1. The inspector performs the checks, subject to paragraph. 1a, in uniforms and
uses their service ID and the identification mark.
1a. Inspector may perform inspection operations without uniforms during the inspection:
1) in the enterprise;
2) of regular, unless required to stop vehicles on the road outside the bus stops;
3) road transport by taxi, unless required to stop vehicles on the road outside the stop-.
2. Chief Inspector, voivodship inspector, their alternates, officers and employees of inspectorates perform the tasks of supervision and control of labor inspectors have the uniform business.
3. Minister responsible for transport issues shall specify, by regulation, insignia and uniform pattern, referred to in paragraph. 2, uniform standards and method of allocation and the rules and how to wear uniforms, as well as establish uniform criteria for allocating, conditions of use, whereas the lifetime of uniforms.
3a. Minister responsible for transport, in consultation with the Minister responsible for public finance, determine the, by regulation, amount and terms of granting cash equivalent in exchange for a uniform, Having:
1) elements of the uniforms are a basis for determining the amount equivalent;
2) methods of determining the equivalent;
3) mode, and cases of award, return and payment suspension equivalent;
4) deadlines for payment or reimbursement of equivalent.
4. Minister responsible for transport issues shall specify, by regulation, inspector of the legitimacy of the model and a detailed treatment of its associated. To entering the service identity card shall be subject to the following personal data: name, name, position. Regulation will determine how the issue of legitimacy and cases, in which it is subject to exchange and return, and how its use and storage.
5. Minister responsible for transport issues shall specify, by regulation, pattern identification badges and markings inspector company vehicle and a detailed treatment of these associated. This regulation establishes a particular way of using and storing badges.
Art. 70.
1. Inspection operations inspector shall, on presenting identification and notification of the authority to inspect.
1a. Control activities moving transport inspector shall upon presentation of the driver card business.
1b. Authorization, referred to in paragraph. 1, contains at least:
1) indication of legal basis;
2) designation of the inspection authority;
3) date and place of issue;
4) Name of inspector authorized to inspect and service identity card number of the;
5) entrepreneur's company under scrutiny;
6) determine the scope of the audit;
7) indication of the start date and expected date of completion of the audit;
8) signature of the authorizing;
9) instruction on the rights and obligations of the controlled business.
2. (repealed)
3. The inspector is obliged to consult controlled his rights and obligations under the Act.
4. The inspector performs the checks in the presence of a controlled or a person authorized by him, and in the case, referred to in paragraph. 1a, in the presence of the driver.
Art. 71.
Stop the vehicle for inspection may be made only by a uniformed inspector.
Art. 72.
Inspection shall allow the inspector to make control activities, and in particular:
1) give oral or written explanation, to produce the documents or other media the information and data related to the subject of;
2) provide a vehicle, in justified cases arising from the inspection of the vehicle on the road, object, business address and all the rooms, where the trader carries on business or holds property companies;
3) possible to make a copy of the documents cited by the controlling;
4) make it possible to film or photographic documentation, if it may be evidence or assist in the preservation of evidence on the matter under control;
5) allow the transfer of, acknowledgment of receipt, copies of documents, including prints collected by the operator of the digital tachograph and driver card, the original recording equipment and automatically recording speed, driving and parking or the driver card, which control will be done off-site business.
Art. 73.
1. During the inspection, the inspector may:
1) legitimize the drivers and others to establish the identity, if this is necessary for control;
2) examine documents and other media within the scope of control;
3) perform inspection and secure the evidence;
3a) stop where the driver card, referred to in Article. 14 paragraph. 4 lit. c Regulation (EWG) no 3821/85 of 20 December 1985 r. on recording equipment in road transport (Dz.Urz. WE L 370 of 31.12.1985, st. 8 and Dz.Urz. WE L 274 of 09.10.1998, st. 1), or the company card;
4) hear witnesses and expert opinions;
5) interrogate a party controlled, If, after exhaustion of evidence or because of their lack of remaining unexplained facts relevant to the findings.
2. In the case of unjustified failure to appear controlled, witness or expert to call the inspector, the provisions of the Code of Administrative Procedure.
Art. 74.
1. From the audit work performed shall draw up a protocol control.
2. Protocol signed by the inspector and controlled. A refusal to sign the protocol by the controlled inspection in the inspection notes and gives her reason for.
3. The original inspection report stops controlling, and a copy shall be delivered to the driver-controlled, business or entity performing the carriage by road.
4. Controlled to control protocol may raise objections.
Art. 75.
Audit results are used to formulate requests for initiation of proceedings:
1) administrative rights for the withdrawal of transport entrepreneurs, certain provisions of the Act;
2) criminal or penal tax;
3) in misdemeanor cases;
4) by the National Labour Inspectorate;
5) under international agreements in relation to foreign entrepreneurs.
Art. 76.
1. Inspector may be a, which:
1) has Polish citizenship;
2) have impeccable references and has not been punished for an offense;
3) holds a high school diploma after passing the matriculation examination;
4) have a driving license for at least category B;
5) completed 25 years and has the required state of health;
6) passed the qualifying examination.
2. An employee is employed as an inspector of the Inspection is preceded by a practice in the specialized classes completed qualifying, subject to Article. 76to ust. 3.
3. The inspector shall at least once a year training course organized by the Chief Inspector in order to raise the level of expertise.
4. Minister responsible for transport issues shall specify, by regulation:
1) Specific requirements for practical training, training programs and the organization of specialized courses and qualifying exams, and the applicable criteria, taking into account the duration of practice and knowledge necessary for inspectors, evaluation criteria of joining the qualifying examination and the test mode;
2) conditions and procedures for conducting medical and psychological examinations to determine the presence or absence of medical contraindications to perform the operations inspector.
Art. 76a.
1. Investigative powers of the inspectors of the Inspection is also granted to employees of the General Inspectorate of Road Transport to the conditions, referred to in Article. 76 paragraph. 1.
2. The Staff General Inspectorate of Road Transport, referred to in paragraph. 1, Articles. 55, art. 56, art. 69 paragraph. 1 i 1a, art. 70, art. 71, art. 73 i art. 74 shall apply mutatis mutandis.
3. The decision to refer the employee's General Inspectorate of Road Transport in the qualifying examination, referred to in Article. 76 paragraph. 1 Item 6, take the Chief Inspector of Road Transport. In this case, directing the qualifying examination, referred to in Article. 76 paragraph. 1 Item 6, does not require the employee to complete a specialist course and practice in this course.
Art. 77.
1. Inspection of the staff employed in clerical positions, including inspectors, the provisions of the Act of 21 November 2008 r. Civil Service (Dz.U. No. 227, Item. 1505), subject to paragraph. 2.
2. Inspection of the staff employed in positions of inspectors do not apply the provisions of Article. 4 Law, referred to in paragraph. 1.
3. For employees other than those referred to in paragraph. 1 the provisions of the Act of 16 September 1982 r. Employees of State Offices (Dz.U. of 2001 r. No. 86, Item. 953, with subsequent. zm.).
Art. 78.
Surveyors carrying out monitoring activities shall have a monthly inspection to a salary supplement of up to 100% salary.
Art. 79.
1. Inspectors during and in connection with official duties shall enjoy the protection provided for in the Penal Code for public.
2. Inspectors during and in connection with official duties are entitled to:
1) request the necessary assistance from state institutions and state administration bodies and local government, which, in respect of its operations are required to provide the requested assistance free of charge within the limits of applicable law;
2) recourse to business, agencies and community organizations, emergency and also to every person, to provide the necessary assistance within the limits of applicable law.
3. The provisions of paragraph. 1 i 2 shall apply mutatis mutandis to the employees the General Inspectorate of Road Transport, referred to in Article. 76to ust. 1.
Art. 80.
1. Creates a central record of violations found during the inspections carried out, hereinafter referred to as “records”.
The evidence gathered:
1) data about entrepreneurs and about the drivers:
a) name or designation of an entrepreneur,
b) Name of driver,
c) residence or business office designation and address of the driver,
d) registration number of the Universal Electronic System of Population Register (Social Security), and in case of a person not having that number – name and identity document number and name of the, which issued the document,
and) Company identification number of statistical;
2) information about the permission to operate:
a) type, range and date of entitlement,
b) number of powers,
c) the authority, who gave permission;
3) information on identified breaches, referred to in Article. 92 i 92a.
2a. (repealed)
3. Records of lead in electronic telephone system or the Chief Inspector, which is the data and information gathered in the records.
4. The Chief Inspector provides the authorities concerned to issue licenses to qualified, Authorisation of regular special, certificates to carry out road haulage operations for own, certificates to engage in public transport or notification of a shipment confirmation, referred to in the provisions of the Act of 16 December 2010 r. the public transport (Dz.U. No. 5, Item. 13), data and information, referred to in paragraph. 2, for infringements in the area of jurisdiction of these authorities or violations made by the carriers, where these authorities have issued documents.
Art. 81.
Data and information provide the records:
1) provincial inspector;
2) Chief Commander of Border Guard, Head of Customs Service, Chief Labour Inspector, jurisdiction over the Regional Police Commander, road operators.
Art. 82.
The controller processes personal data for records is exempted from the information specified in Article. 25 paragraph. 1 Act of 29 August 1997 r. Data Protection (Dz.U. of 2002 r. No. 101, Item. 926, with subsequent. zm.).
Section 10. Supervision and control
Art. 83.
1. Organ, granting the license or permit, may impose a duty to provide road transport within a given time, information and supporting documents, that it meets the statutory requirements and conditions specified in the license or permit.
2. At the request of the Minister of Transport or the authority competent for licensing or permits the carrier by road shall be obliged to provide information related to the transport activity of the prices and tariffs and the number of passengers or weight of goods.
3. Bodies, referred to in Article. 7 paragraph. 2, art. 18 paragraph. 1 i 2 oraz Article. 33 paragraph. 8, are required to present the minister responsible for transport, at least twice a year, in terms of the day 15 January and on 15 July, information concerning the number and scope of the license granted, permits and certificates of road transport on own account and the number of extracts from these documents, and the number of licenses for the transport agent.
4. The provision of section. 3 shall apply to the unit authorized to examining the extent required to obtain a certificate of professional competence.
5. Minister responsible for transport issues shall specify, by regulation, range of data and information, referred to in paragraph. 1 i ust. 2, the manner and deadlines for their submission, given the need to monitor the road transport market.
Art. 84.
1. Authorities that license, permit or certificate of performance for their own transportation are entitled to control the business in meeting the requirements are the basis for issuing these documents.
2. Control, referred to in paragraph. 1, carried out at least once a 5 years.
3. (repealed)
Art. 85.
1. The trader's control is carried out after presenting identification and notification of the authorization to carry out.
2. Persons authorized to inspect have the right to:
1) require the trader and his staff written or oral explanations, presentation of documents and other media information and access to all data relevant to the subject of;
2) entry to the entrepreneur, including the space, where he is established, in the days and hours, which is or should be carried out this activity, and the access for vehicles used by the entrepreneur.
3. Checks carried out in the presence of the trader or the person designated by him.
4. Authorization, referred to in paragraph. 1, contains at least:
1) indication of legal basis;
2) designation of the inspection authority;
3) date and place of issue;
4) Name of inspector authorized to inspect and service identity card number of the;
5) entrepreneur's company under scrutiny;
6) determine the scope of the audit;
7) indication of the start date and expected date of completion of the audit;
8) signature of the authorizing;
9) instruction on the rights and obligations of the controlled.
Art. 86.
1. Authority granting the license or permit may entrust, by agreement, Checks public authority or other government body.
2. Supervision over the issuing of licenses and permits in the national transport, and certificates for services for their own, exercised by provincial road transport inspector.
3. Ministry, following the principle of effective supervision, referred to in paragraph. 2, determine the, by regulation, detailed conditions and manner of conducting activities related to supervision and use of documents, and their patterns.
Art. 87.
1. When making road transport the driver of a motor vehicle, subject to paragraph. 4, is obliged to carry with them and show, requested by an authorized inspection body, Road charge card, the driver card, self-recording device records speed, driving and parking time, mandatory breaks and rest periods and a certificate or statement, referred to in Article. 31 Act of 16 April 2004 r. working time of drivers (Dz.U. No. 92, Item. 879, of 2005 r. No. 180, Item. 1497 and 2007 r. No. 99, Item. 661), and also:
1) performing road transport – excerpt from the license;
2) persons performing road transport:
a) in the provision of regular and special regular – a permit or an extract from the license, along with the current timetable,
b) the performance of international shuttle or occasional – a permit or license form,
c) the performance of international transport for own account – license form,
d) original or a certified photocopy of the original decision by the entrepreneur, referred to in Article. 20to ust. 2, if it was released,
and) the performance of international road transport, involving the occasional carriage of passengers by bus registered outside the country by a taxable person established or permanent place of business or place of residence or stay outside the country providing the transport – confirmation or a copy of the register as VAT taxpayer actively,
f) documents required in public transport;
3) performing the carriage of goods by road – documents relating to cargo transported, and:
a) appropriate permits required for international road transport,
b) documents required for carriage of dangerous goods by road,
c) certificate required by the Agreement on the international carriage of perishable foodstuffs and special means of transport used for such Carriage (ATP), done at Geneva on 1 September 1970 r. (Dz.U. of 1984 r. No. 49, Item. 254),
d) permit to drive a vehicle, with or without load, or Masie, pressures axle or dimensions exceeding the values specified in separate regulations,
and) documents required for the transportation of animals,
f) documents required for the transportation of waste,
g) certificate of the vehicle to comply with relevant safety requirements or conditions for entry into service, if required;
4) in international road transport – driver's certificate, if required.
1a. (repealed)
1b. During the journey undertaken in the road by a foreign carrier's motor vehicle driver is required to also carry with them and be produced at the request of an authorized inspection authority proof of payment, referred to in Article. 43 paragraph. 1, if required.
2. During the carriage by road undertaken for their own inspection shall be with you and show the request of an authorized inspection body, addition to the relevant documents required for such carriage, referred to in paragraph. 1, Extract the certificate, referred to in Article. 33 paragraph. 10.
3. Entrepreneur or entity, referred to in Article. 3 paragraph. 2, engaged in the carriage for their own, equipment are responsible for executing the driver or road transport for their own in the required documents.
4. During the journey undertaken in the road the taxi driver is obliged to carry and produce license on demand.
5. Entity engaged in road haulage or carriage, referred to in Article. 3 paragraph. 2, keep for one year, from the date of receipt, delegated to it by the control authorities the documents and records of results of checks carried out on its premises or at a road check on driving time and stop time, mandatory breaks and rest time of drivers, engaged in the carriage on his behalf.
Art. 88.
Articles. 87 not affect, under separate laws or international agreements, rights and obligations of drivers and operators engaged in the carriage road.
Art. 89.
1. To control documents, referred to in Article. 87, and conditions specified therein, subject to paragraph. 2, are entitled:
1) Police officers;
2) inspectors from the Road Transport;
3) customs officers;
4) Border Guard officers;
5) authorized employees of the managers of public roads – excluding documents, referred to in Article. 87 paragraph. 1 Item 1 i acc 2 lit. a i ust. 4;
6) National Labour Inspectorate inspectors – in relation to a recording device automatically records driving speed and driving and parking;
7) authorized employees of the competent authority, referred to in Article. 18 paragraph. 1 – in place for regular and special regular;
8) municipal police guards – in relation to public transport within the scope of the Act of 16 December 2010 r. the public transport.
2. Authorized employees, referred to in paragraph. 1 Item 5 i 7, are not entitled to inspect the records of self-recording device speed, driving and parking time, mandatory breaks and rest periods and the certificates and statements, referred to in Article. 31 Act of 16 April 2004 r. working time of drivers.
3. Roadside checks are performed in the right place and time so, to make it difficult for drivers operating vehicles to avoid checkpoints, and without discrimination on grounds of:
1) country of registration of the vehicle;
2) country of residence of the driver;
3) country of residence of the;
4) origin and destination of travel;
5) type of tachograph: analog or digital.
4. Authorized persons to control the recording device automatically records driving speed, driving and parking time, mandatory breaks and rest periods are provided with:
1) list of the principal points to be checked on the road and the entity implementing the Road Transport;
2) standard equipment.
5. Minister responsible for transport, in consultation with the minister responsible for internal affairs and minister responsible for public finance shall, by regulation:
1) (repealed);
2) sample documents used by persons entitled to the control;
3) way to carry out checks on compliance with regulations on driving times, mandatory breaks and rest time of drivers, during road checks and controls in the enterprise, as well as the required standard in those carrying out this review and a list of basic elements, that the subject;
4) type of statistical data collected by the control and registered by the regulatory bodies, and mode, method and sample documents for their submission to the Chief Inspector of Road Transport;
5) risk assessment system entities engaged in the carriage road on the occurrence of violations on driving, mandatory breaks and rest time of drivers – Having regard to the provisions of the European Union, development and European Commission guidelines, relative number and weight of infringements of Council Regulation (EWG) no 3821/85 of 20 December 1985 r. on recording equipment in road transport and Regulation (WE) no 561/2006 and the need to ensure the efficiency and effectiveness of road transport.
Art. 89a.
1. National Labour Inspectorate inspectors carry out checks on the carriage road to the conditions and procedures specified in the regulations of the State Labour Inspectorate.
2. Road Transport Inspectorate shall inspect the conditions and procedures set forth in the Act.
3. Police Officers, Customs and Border Guard and road managers authorized personnel shall check the conditions and manner specified in the regulations on road traffic control.
4. Authorized employees of the authority issuing the permit to a regular service or regular check a special document on the terms and procedures set forth in the Act.
Art. 89a[1].
1. If the result of the audit concluded the international carriage of goods by road without the required permit, referred to in Article. 28 paragraph. 1, authority empowered to control:
1) stop and cancel the permit for the international carriage of goods by road – in a situation, referred to in Article. 28to ust. 2;
2) directs or removes a motor vehicle, the expense of carrier, for the nearest car park.
2. In the case of disposing of the vehicle, the provisions of the Road Traffic.
3. Return of the motor vehicle from the parking lot to the body after, referred to in paragraph. 1, correctly filled out the required permit for the international carriage of goods by road, subject to Article. 95.
Art. 89b.
1. Launch control by authorized, referred to in Article. 89to ust. 3 i 4, after presenting identification, and delivery of an inspection authorization, with the exception of police officers.
2. The inspector is required to read the controlled his rights and obligations under the Act.
3. The controller performs control activities in the presence of a controlled or a person authorized by him.
Art. 89c.
To control the business activity, the provisions of Chapter 5 Act of 2 July 2004 r. Freedom of Economic Activity (Dz.U. of 2007 r. No. 155, Item. 1095, with subsequent. zm. ).
Art. 90.
As a result of an audit finding that the licensing authority notice or permit:
1) calls on the trader to remedy the deficiencies within the prescribed period;
2) revoke the license or permit, with conditions, referred to in Article. 15 i art. 24 paragraph. 4-6.
Art. 90a.
1. Chief Inspector of Road Transport Commission to provide data on the checks:
1) condition of the vehicles, DWA co lata, within the 31 mark, after the reporting period, accordance with the form, referred to in paragraph. 3;
2) the, referred to in Regulation (WE) no 561/2006, accordance with the form, referred to in Article. 17 the regulation, DWA co lata, the deadline of 30 September following the end of a two-year period;
3) Carriage of Dangerous Goods, annually, the deadline of 31 March each year, accordance with the form, referred to in paragraph. 3.
2. The Chief Police Commander, Chief Commander of Border Guard, Head of Customs Service, and county road inspector, and the, referred to in paragraph 2, the Chief Labour Inspector, communicate to the General Inspector of Road Transport aggregate information on control:
1) condition of the vehicles – DWA co lata, the deadline of 31 January after a two year period covered by;
2) compliance with regulations on driving and vehicle downtime, mandatory breaks and rest time of drivers – DWA co lata, the deadline of 31 July after a two year period covered by
– the appropriate forms.
2a. Regional Road Transport Inspector Chief Inspector shall forward the Road Transport Information, referred to in paragraph. 1 Item 3, including information obtained from other regulatory bodies under the provisions of the Act of 28 October 2002 r. on road transport of dangerous goods, annually, the deadline of 31 January.
3. Minister responsible for transport issues shall specify, by regulation, forms for data transmission, referred to in paragraph. 1 Item 1 i 3, Having a range of data needed to provide the European Commission under the provisions of Community law.
4. Minister responsible for transport issues shall specify, by regulation, forms for data transmission, referred to in paragraph. 2, Having regard to the extent necessary data.
Art. 90b.
If you produce the document at the roadside, referred to in Article. 87 paragraph. 1 Item 2 lit. and, persons authorized to control, referred to in Article. 89 paragraph. 1, are required to immediately notify the Chief of the Second Tax Office-Downtown, pointing to the entity performing carrier, term transportation, number of persons carried and information on the transport route.
Art. 91.
1. Minister responsible for transport controls how the examinations and issue certificates of professional competence and financial management of the certification body.
2. If the result of the audit found weaknesses, Minister responsible for transport:
1) calls on the controlled entity to immediately address the weaknesses or
2) deprives it of the powers, referred to in Article. 38 paragraph. 3.
Section 11. Fines
Art. 92.
1. Who performs the carriage by road or other activities associated with the transport, Notwithstanding the obligations or conditions resulting from the provisions of the Act or regulations:
1) on road transport of dangerous goods,
1a) the public transport;
2) working time of drivers,
3) Waste,
4) Animal Protection,
5) Traffic and environmental, periodic traffic restrictions on roads or prohibit the movement of certain types of,
6) food safety and nutrition,
7) Polish Republic of binding international agreements,
8) Community rules on road transport
– shall be fined in the amount of 50 gold to 15 000 gold.
2. Total fines imposed during one inspection may not exceed the amount:
1) 15 000 gold – in relation to roadside;
2) 30 000 gold – for the control of the company.
3. If the act in violation of the provisions, referred to in paragraph. 1, exhausted at the same time signs of misconduct, only the provisions of this Act.
4. The list of violations of obligations or requirements, referred to in paragraph. 1, and fines for each violation is specified in Appendix to the Act.
Art. 92a.
1. When during a road check violations are found:
1) to hold the vehicle required documents, referred to in Article. 87 paragraph. 1-4,
2) rules on the maximum daily driving time, daily rest period or exceeding the maximum driving time without a break, defined in Regulation (WE) no 561/2006 and in the European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR), done at Geneva on 1 July 1970 r. (Dz.U. of 1999 r. No. 94, Item. 1086 i 1087),
3) rules on the use of analog recording equipment automatically speed, driving and parking time, mandatory breaks and rest periods, defined in Council Regulation (EWG) no 3821/85 of 20 December 1985 r. on recording equipment in road transport (Dz.Urz. WE L 370 of 31.12.1985) – executing the driver of a motor vehicle road transport to a fine.
2. Judgement, referred to in paragraph. 1, occurs in the manner specified in the Code of Conduct in misdemeanor cases.
3. The initiation of proceedings against the driver does not preclude the initiation of administrative proceedings against the trader or the entity, referred to in Article. 3 paragraph. 2 Item 3, performing road transport.
4. Administrative proceedings against the trader or the entity, referred to in Article. 3 paragraph. 2 Item 3, not be initiated, if the circumstances of the case and the evidence clearly indicates, entity engaged in the carriage that had no effect on the existence of the infringement.
5. The provision of paragraph. 4 not applicable, if the violation, referred to in paragraph. 1, is a glaring, and in particular:
1) endanger the safety of road traffic;
2) has been committed repeatedly.
Art. 93.
1. Entitled to inspect, referred to in Article. 89 paragraph. 1, have the right to impose on implementing road transport or other activities associated with the transport fine, an administrative decision.
1a. Decision, referred to in paragraph. 1, is issued on behalf of the authority competent for the place spot checks.
2. Where in the border control at a controlled penalty is, referred to in paragraph. 1, The inspection shall be entitled to prevent the controlled entry into the Polish territory.
3. Decision, referred to in paragraph. 1, suitable for immediate enforceability, subject to paragraph. 4.
4. The national Entrepreneur of penalty imposed shall be paid within 21 days of its imposition; is for him to immediately provide proof of payment of a fine body, which it is imposed.
5. A decision to impose a financial penalty may be appealed to the superior authority in relation to the authority, which this penalty is imposed, within 14 days of the service business or other entity performing transport for own account of the decision.
6. (repealed)
7. The provisions of paragraphs. 1-3 not applicable, if it is found, that the infringement was caused by events or circumstances, entity engaged in the carriage which could not have foreseen. In such a situation, competent for the place spot checks authority shall issue a decision to discontinue the proceedings on the imposition of penalty. The provision of section. 5 shall apply mutatis mutandis.
8. Initiate administrative proceedings against the operator or other entity performing the carriage by road, does not preclude the initiation of administrative proceedings against the person performing other activities relating to the carriage, in particular the:
1) forwarder;
2) sender;
3) shipper;
4) tour;
5) transport organizer.
9. The entity authorized to audit, referred to in Article. 89 paragraph. 1, impose an administrative decision to the entity performing other activities related to transport fine, referred to in Article. 92 paragraph. 1, if the circumstances of the case and the evidence clearly indicates, that the body has the effect or was resigned to the emergence of breach of duties or conditions of carriage of goods by road.
9a. (comes from 2012-01-01)
9b. (comes from 2012-01-01)
9c. (comes from 2012-01-01)
10. The penalty imposed in the amount specified in the Annex to the Act for an entrepreneur or entity performing the carriage.
11. Do kar, referred to in paragraph. 10, exempt from the provisions of the Act of 29 August 1997 r. – Tax (Dz.U. of 2005 r. No. 8, Item. 60, with subsequent. zm. ).
Art. 94.
1. Fines are the state budget.
2. Financial penalty shall be paid in the form of communication to the appropriate bank account, except that it is possible to pay in cash directly to the authority, which it is imposed, by a non-sanctioned domestic entrepreneur.
2a. In the case of, when the fine was imposed by the inspectors of the Road Transport Inspection, it is possible to pay a non-cash, by credit card.
3. If you have paid the fine in cash authority shall issue a receipt to print accountable, provide proof of payment of such penalty.
3a. In the case of, referred to in paragraph. 2a, put to bear the costs associated with the authorization of transactions and transfer funds to the appropriate bank account.
4. Costs associated with the payment of penalty by passing it to the bank account are at student.
5. In the case of repeal or annulment, and the inclusion of an action by an administrative court fine paid shall be refunded within 14 days from the date of the decision or judgment to recover the penalty.
Art. 95.
1. Entitled to retain control, for receipt, documents subject to inspection and directs or removes a vehicle, at the expense of the entrepreneur, for the nearest car park to the time:
1) pay the penalty, subject to Article. 93 paragraph. 4;
2) remedy the deficiencies;
3) resolution of prohibitions or restrictions on traffic, referred to in Article. 92 paragraph. 1 Item 5.
2. In the case of disposing of the vehicle, the provisions of the Road Traffic.
3. Return of the car from the parking lot to the presentation by the inspected body, that the penalty imposed, evidence of payment of the fine and the reason for referral of the vehicle to the parking lot.
4. If the fine is not paid and the vehicle is not received from the parking lot during the 30 days from the date of imposition of penalty, , the provisions of Chapter II of Chapter 6 Act of 17 June 1966 r. enforcement proceedings in administration (Dz.U. of 2005 r. No. 229, Item. 1954, with subsequent. zm.) the enforcement of monetary claims of motion.
Art. 95a
1. Who, being an entrepreneur:
1) not reported in writing to the authority, granting the license, any change in the, referred to in Article. 8 paragraph. 2, within 14 days from the date of their creation,
2) does not return the license or license copies of the authority, granting the license, within 14 days of, in which the decision to revoke a license becomes final
– be liable to pay in the amount of 1 000 zł.
2. Penalties, referred to in paragraph. 1, impose an administrative decision the competent authority for licensing.
3. A decision to impose a financial penalty, referred to in paragraph. 2, be appealed to the superior authority in relation to the authority, that the penalty imposed, within 14 days from receipt of this decision the entrepreneur.
4. Fines, referred to in paragraph. 1, constitute the revenue authority competent to grant the license
Art. 96.
(repealed)
Chapter 11. The penal provisions
Art. 96a.
(repealed)
Section 12. Amendments to existing regulations, transitional and final provisions
Art. 97.
(omitted)
Art. 98.
(omitted)
Art. 99.
(omitted)
Art. 100.
(omitted)
Art. 101.
(omitted)
Art. 102.
(omitted)
Art. 103.
(omitted)
Art. 104.
1. Permits for road transport operations granted before the entry into force of this Act shall remain in force.
2. For administrative proceedings brought, and the unfinished final decision before the entry into force of this Act, apply its provisions.
Art. 105.
A certificate proving the passing of an examination of the exercise of national carriage of persons issued under the existing provisions of the conditions to the national road passenger transport is by law a certificate of professional competence in national road passenger transport.
Art. 106.
(omitted)
Art. 107.
From the date the Republic of Polish membership in the European Union foreign entrepreneurs from EU member states and member states of the European Free Trade (EFTA) – parties to the European Economic Area, exempt from the provisions of Article. 18 paragraph. 2, art. 19 oraz Article. 28 paragraph. 1.
Art. 108.
(omitted)
Art. 109.
1. Repealed:
1) Act of 2 August 1997 r. the conditions governing international road transport (Dz.U. No. 106, Item. 677, of 1999 r. No. 32, Item. 310 and 2000 r. No. 120, Item. 1268);
2) Act of 29 August 1997 r. the conditions to the national road passenger transport (Dz.U. No. 141, Item. 942 the No. 158, Item. 1045, of 1998 r. No. 106, Item. 668, of 1999 r. No. 86, Item. 963 the No. 91, Item. 1043 and 2000 r. No. 12, Item. 136).
2. (omitted)
Art. 110. This Act shall come into force on 1 January 2002 r., except that part 9 enter into force on 1 November 2001 r., with the exception of. 50, art. 68-75 i art. 80-82, which shall enter into force after 6 months from the date of publication.
Reference .
This Act in respect of its regulation to implement the following directives of the European Communities:
1) Directive 76/914/EEC of 16 December 1976 r. on the minimum level of training for some road transport drivers (Dz.Urz. WE L 357 of 29.12.1976),
2) Directive 84/647/EEC of 19 December 1984 r. the use of vehicles hired without drivers for the carriage of goods by road (Dz.Urz. WE L 335 of 22.12.1984),
3) Directive 88/599/EEC of 23 November 1988 r. on standard checking procedures for the implementation of Regulation (EWG) no 3820/85 on the harmonization of certain social legislation relating to road transport and Regulation (EWG) no 3821/85 on recording equipment in road transport (Dz.Urz. WE L 325 of 29.11.1988),
4) Directive 90/398/EEC on 24 July 1990 r. amending Directive 84/647/EEC on the use of vehicles hired without drivers for the carriage of goods by road (Dz.Urz. WE L 202 of 31.07.1990),
5) Directive 92/106/EEC of 7 December 1992 r. the establishment of common rules for certain types of combined transport of goods between Member States (Dz.Urz. WE L 368 of 17.12.1992),
6) Directive 98/76/EC of 1 October 1998 r. amending Directive 96/26/EC on admission to the occupation of road haulage and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications, intended to facilitate for these operators the right to freedom of establishment in national and international (Dz.Urz. WE L 277 of 14.10.1998),
7) Directive 1999/62/EC of 17 June 1999 r. on charging for the use of certain infrastructures vehicles (Dz.Urz. WE L 187 of 20.07.1999), 8) Directive 2000/30/EC of 6 June 2000 r. on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Community (Dz.Urz. WE L 203 of 10.08.2000). The data relating to the declaration of the European Union legislation, included in this Act – the day when the Republic of Polish membership in the European Union – on notice of these acts in the Official Journal of the European Union – Special edition.
