On August 19, 2023, the regulations of the Act of July 28, 2023, regarding the delegation of drivers in road transport came into effect. Road carriers from third countries, whose drivers carry out transport operations on the territory of the Republic of Poland, either bilateral or other international transport, are obligated to equip them with a confirmation of delegation to the territory of the Republic of Poland from a third country during inspections.
TLDR:
Delegating Drivers from Third Countries – Step by Step
The procedure for delegating drivers from third countries to Poland is an essential step in ensuring the legality and safety of transport operations in Poland. It also protects against potential fines from the Road Transport Inspection. Below is a brief guide to the stages of this procedure, allowing for the registration of a delegated driver step by step:
- Register a Business Account using an email address that enables online transactions on the business.gov.pl website at https://www.biznes.gov.pl/pl/portal/03153/.
- Purchase a qualified electronic signature from a certified trusted service provider, EuroCert, within the territory of Poland.
- Confirm your identity after purchasing the qualified electronic signature in an online remote meeting, in person at EuroCert’s office, or at one of approximately 300 EuroCert Partner Points within Poland.
- Log in to your Business Account on the biznes.gov.pl portal using your email address.
- Launch the e-service “Report the delegation of a driver from a third country to the territory of Poland.”
- Fill out, sign the form, and submit it online via the business.gov.pl portal with a valid qualified electronic signature.
- Submit the signed online form “Report the delegation of a driver from a third country to the territory of Poland” to the State Labor Inspectorate at https://www.biznes.gov.pl/pl/opisy-procedur/-/proc/1670.
To avoid financial penalties, the most important obligation for a road carrier delegating a driver to the territory of the Republic of Poland from a third country is to provide the driver with a document called “Declaration of Delegation of a Driver to the Territory of the Republic of Poland from a Third Country.” This applies to road carriers based in a third country temporarily directing a driver to the territory of the Republic of Poland in connection with the provision of road transport services.
The driver must carry these documents in the vehicle and present them during road inspections upon request.
Delegating Drivers from Third Countries – Documents
A road carrier from a third country delegating a driver to the territory of the Republic of Poland is required to ensure that the driver has the following documents during delegation:
- A paper confirmation of the delegation of the driver to the territory of the Republic of Poland from a third country, in accordance with the template specified in the Regulation of the Minister of Infrastructure dated August 7, 2023, concerning the form of confirmation of the delegation of a driver to the territory of the Republic of Poland from a third country.
- Documents confirming the performed road transport, particularly in the form of waybills, the appropriate permit required for international road transport, or a driver’s log, based on which the transport is carried out.
- Tachograph records, as required by the European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR), concluded in Geneva on July 1, 1970.
Important! The driver must carry these documents in the vehicle and present them during road inspections upon request.
Delegating Drivers from Third Countries – Penalties
Both the driver and the road carrier who fail to comply with the regulations regarding delegation may face financial penalties in the form of fines.
A driver who cannot present a confirmation of delegation during a road inspection is subject to a fine of 500 PLN. It is crucial to always have the necessary documents confirming delegation on hand.
A road carrier from a third country delegating a driver to Poland and violating the obligations or conditions specified in the regulations may be subject to a financial penalty ranging from 4,000 PLN to 7,000 PLN for each violation. It is essential for carriers operating in the Polish market to fully comply with the regulations to avoid these severe penalties.
The list of violations and the amount of financial penalties for specific violations are detailed in Annex I to Commission Regulation (EU) 2016/403.
Delegating Drivers from Third Countries – Countries
Road carriers from third countries, i.e., outside the European Union, the European Economic Area, and Switzerland, whose drivers operate on the territory of Poland, are obligated to fulfill this requirement. The list of exemplary countries obliged to delegate drivers from a third country includes:
- Albania
- Armenia
- Azerbaijan
- Belarus
- Montenegro
- Georgia
- Iraq
- Iran
- Kazakhstan
- Morocco
- Moldova
- Mongolia
- Ukraine
- Uzbekistan
- Serbia
- Syria
- Tunisia
- Turkey
Drivers from Third Countries – Summary
Road carriers from third countries delegating drivers must adhere to the new regulations in Poland. Based on the approved law, there is an obligation to equip drivers with a confirmation of delegation to the territory of Poland. The procedure involves online registration, purchasing an electronic signature, confirming identity, filling out the form, and submitting it to the Labor Inspection via the business.gov.pl service. Violations of the regulations can result in fines ranging from 500 to 7,000 PLN. The law came into effect on August 19, 2023, and is valid from that date onwards.On August 19, 2023, the regulations of the Act of July 28, 2023, regarding the delegation of drivers in road transport came into effect. Road carriers from third countries, whose drivers carry out transport operations on the territory of the Republic of Poland, either bilateral or other international transport, are obligated to equip them with a confirmation of delegation to the territory of the Republic of Poland from a third country during inspections.On August 19, 2023, the regulations of the Act of July 28, 2023, regarding the delegation of drivers in road transport came into effect. Road carriers from third countries, whose drivers carry out transport operations on the territory of the Republic of Poland, either bilateral or other international transport, are obligated to equip them with a confirmation of delegation to the territory of the Republic of Poland from a third country during inspections.
TLDR:
Delegating Drivers from Third Countries – Step by Step
The procedure for delegating drivers from third countries to Poland is an essential step in ensuring the legality and safety of transport operations in Poland. It also protects against potential fines from the Road Transport Inspection. Below is a brief guide to the stages of this procedure, allowing for the registration of a delegated driver step by step:
- Register a Business Account using an email address that enables online transactions on the business.gov.pl website at https://www.biznes.gov.pl/pl/portal/03153/.
- Purchase a qualified electronic signature from a certified trusted service provider, EuroCert, within the territory of Poland.
- Confirm your identity after purchasing the qualified electronic signature in an online remote meeting, in person at EuroCert’s office, or at one of approximately 300 EuroCert Partner Points within Poland.
- Log in to your Business Account on the biznes.gov.pl portal using your email address.
- Launch the e-service “Report the delegation of a driver from a third country to the territory of Poland.”
- Fill out, sign the form, and submit it online via the business.gov.pl portal with a valid qualified electronic signature.
- Submit the signed online form “Report the delegation of a driver from a third country to the territory of Poland” to the State Labor Inspectorate at https://www.biznes.gov.pl/pl/opisy-procedur/-/proc/1670.
To avoid financial penalties, the most important obligation for a road carrier delegating a driver to the territory of the Republic of Poland from a third country is to provide the driver with a document called “Declaration of Delegation of a Driver to the Territory of the Republic of Poland from a Third Country.” This applies to road carriers based in a third country temporarily directing a driver to the territory of the Republic of Poland in connection with the provision of road transport services.
The driver must carry these documents in the vehicle and present them during road inspections upon request.
Delegating Drivers from Third Countries – Documents
A road carrier from a third country delegating a driver to the territory of the Republic of Poland is required to ensure that the driver has the following documents during delegation:
- A paper confirmation of the delegation of the driver to the territory of the Republic of Poland from a third country, in accordance with the template specified in the Regulation of the Minister of Infrastructure dated August 7, 2023, concerning the form of confirmation of the delegation of a driver to the territory of the Republic of Poland from a third country.
- Documents confirming the performed road transport, particularly in the form of waybills, the appropriate permit required for international road transport, or a driver’s log, based on which the transport is carried out.
- Tachograph records, as required by the European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR), concluded in Geneva on July 1, 1970.
Important! The driver must carry these documents in the vehicle and present them during road inspections upon request.
Delegating Drivers from Third Countries – Penalties
Both the driver and the road carrier who fail to comply with the regulations regarding delegation may face financial penalties in the form of fines.
A driver who cannot present a confirmation of delegation during a road inspection is subject to a fine of 500 PLN. It is crucial to always have the necessary documents confirming delegation on hand.
A road carrier from a third country delegating a driver to Poland and violating the obligations or conditions specified in the regulations may be subject to a financial penalty ranging from 4,000 PLN to 7,000 PLN for each violation. It is essential for carriers operating in the Polish market to fully comply with the regulations to avoid these severe penalties.
The list of violations and the amount of financial penalties for specific violations are detailed in Annex I to Commission Regulation (EU) 2016/403.
Delegating Drivers from Third Countries – Countries
Road carriers from third countries, i.e., outside the European Union, the European Economic Area, and Switzerland, whose drivers operate on the territory of Poland, are obligated to fulfill this requirement. The list of exemplary countries obliged to delegate drivers from a third country includes:
- Albania
- Armenia
- Azerbaijan
- Belarus
- Montenegro
- Georgia
- Iraq
- Iran
- Kazakhstan
- Morocco
- Moldova
- Mongolia
- Ukraine
- Uzbekistan
- Serbia
- Syria
- Tunisia
- Turkey
Drivers from Third Countries – Summary
Road carriers from third countries delegating drivers must adhere to the new regulations in Poland. Based on the approved law, there is an obligation to equip drivers with a confirmation of delegation to the territory of Poland. The procedure involves online registration, purchasing an electronic signature, confirming identity, filling out the form, and submitting it to the Labor Inspection via the business.gov.pl service. Violations of the regulations can result in fines ranging from 500 to 7,000 PLN. The law came into effect on August 19, 2023, and is valid from that date onwards.On August 19, 2023, the regulations of the Act of July 28, 2023, regarding the delegation of drivers in road transport came into effect. Road carriers from third countries, whose drivers carry out transport operations on the territory of the Republic of Poland, either bilateral or other international transport, are obligated to equip them with a confirmation of delegation to the territory of the Republic of Poland from a third country during inspections.
