Key Benefits:
ACT
of 20 June 1997
Right of road traffic 1)
SECTION I
General provisions
Article 1. [ Regulatory scope] 1. The Act shall specify:
1) the rules of traffic on public roads, in the zones of residence and in traffic zones;
2) the rules and conditions for the admission of vehicles to this movement, as well as the activities of the competent authorities and entities in this regard;
3) requirements in relation to other participants in traffic than driving vehicles;
4) the rules and conditions for road traffic control.
2. The provisions of the Act shall also apply to traffic taking place outside the places mentioned in the paragraph. 1 point 1, to the extent of:
1) necessary to avoid the threat of security of persons;
2) resulting from the signs and signals of the road.
3. The tasks of the self-government of the voivodship referred to in art. 75aa-75ac, art. 140g ust. 2, art. 140i and art. 140k is a task from the government administration.
Article 2. [ Definitions] The terms used in the Act shall mean:
1) road-separated area of the area consisting of a roadway, side, sidewalk, pedestrian road or road for bicycles, including the track of rail vehicles located within the lane, intended for traffic or parking of vehicles, traffic pedestrians, riding on top of the animals or brushing animals
(1a) public road-a road within the meaning of art. 1 of the Act of 21 March 1985. o public roads (Dz. U. 2007 No 19, pos. 115, of late. zm.);
(1b) an internal road-a road within the meaning of art. 8 ust. 1 of the Act of 21 March 1985. on public roads;
2. hard road-road with a road with bituminous, concrete, bone, clinker or tabloid surfaces and with concrete or stone-concrete slabs, if the length of the pavement exceeds 20 m; other roads are ground roads;
3. a motorway, a two-day road, marked by the appropriate road signs, on which the transverse movement is not permitted, intended only for the movement of motor vehicles, excluding the four-wheel, which on an equal, horizontal carriageway can develop a speed of at least 40 km/h, including in the case of towing of trailers;
(4) express road-two or one day road, marked by the appropriate road signs, at which the crossing occurs exceptionally, intended only for the movement of motor vehicles, excluding the four-wheel;
5) road for bicycles-road or part thereof intended for the movement of bicycles, marked by the appropriate road signs; the road for bicycles is separated from other roads or carriageways of the same construction road or by means of traffic safety devices road;
(5a) traffic lane for bicycles-a part of the roadway intended for the movement of bicycles in one direction, marked by the appropriate road signs;
5b) for bikes-a part of the roadway at the inlet of the crossing over the entire width of the carriageway or the selected lane intended to stop the bike in order to change the direction of the ride or to give way of priority, marked by the corresponding road signs;
6) the intestines-part of the road intended for the movement of vehicles; this term does not apply to torowis separated from the carriageway;
7. movement belt-each of the oblong runways sufficient for the movement of one row of multi-track vehicles, marked or not marked by road signs;
8) roadside-the part of the road adjacent to the carriageway, which may be intended for the movement of pedestrians or of certain vehicles, the parking of vehicles, riding on top of the road or the speeding of animals;
9) walkway-a part of the road intended for pedestrian traffic;
10) intersection-intersection at one level of roads having a prisoner, their combination or fork, including the surfaces created by such intersections, connections or forks; this term does not concern the intersection, the connection or the fork of the hard road with the ground road, with the road being commenced to the facility on the road or on the internal road;
11) a pedestrian crossing, a road surface, a road for bicycles or a track, intended for pedestrian crossing, marked by the appropriate road signs;
12) tolls for cyclists-a road surface or track intended to be driven by cyclists, marked by the appropriate road signs;
13) stop-the place of stopping the public transport vehicles, marked by the appropriate road signs;
14) a tunnel, a construction on the road, marked by appropriate road signs;
(15) a built-up area-an area marked by the appropriate road signs;
16. zone of residence-an area comprising public roads or other roads where specific road traffic rules apply, and the entry and exit are marked by the appropriate road signs;
(16a) zone of movement-an area comprising at least one internal route, on which the entry and exit are marked by the appropriate road signs;
17. a participant of a pedestrian traffic, a driver, and other occupants of the vehicle or on a vehicle on the road;
18) pedestrian-person outside the vehicle on the road and not carrying out the works or activities prescribed by separate regulations; pedestrian is also considered to be a driving force, running or pushing a bicycle, moped, motorbike, baby stroller, manual or invalidity, a person moving in a wheelchair, as well as a person aged up to 10 years who directs the bicycle under the care of an adult;
19) a pedestrian column-an organised group of pedestrians operated by a manager or a commander;
20) guide-the person who directs the vehicle or the combination of vehicles, as well as the person who leads the pedestrian column, is headed by the front or the judge of the animals individually or in the herd;
21) a driver-a person entitled to drive a motor vehicle or a motorbike;
22) special care-care to increase the attention and adjust the behaviour of the participant of the movement to the conditions and situations changing on the road, to the extent possible to respond quickly;
23) step aside-refrain from movement if the movement could force another direction to change the direction or lane or the significant change of speed, and pedestrian-to stop, release, or accelerate the step;
24. directed traffic-traffic opened and closed by means of light-signalling or by an authorized person;
25) insufficient visibility-visibility occurring from dusk to dawn, and in conditions of reduced air transparency from dawn to dusk;
26) exchanging-passing (passing) next to the vehicle or a participant of a movement moving in the opposite direction;
27) skipping-passing (passing) next to a non-moving vehicle, a traffic participant or an obstacle;
28) overtaking-passing (passing) next to the vehicle or a participant of a movement moving in the same direction;
29) stop the vehicle-immobilization of the vehicle not resulting from the conditions or regulations of the road, lasting no longer than 1 minute, and any immobilisation of the vehicle arising from these conditions or regulations;
30. vehicle stop-immobilization of the vehicle not resulting from the conditions or traffic regulations lasting more than 1 minute;
(31) vehicle-means of transport designed to move on the road and the machine or device adapted to it;
32) motor vehicle-vehicle fitted with an engine, with the exception of a moped and a rail vehicle;
33) a motor vehicle, a motor vehicle whose design makes it possible to drive at a speed exceeding 25 km/h; this determination does not include a agricultural tractor;
34) a free-running vehicle-a motor vehicle whose design limits the driving speed to 25 km/h, with the exception of the agricultural tractor;
35) vehicle member vehicle-a combination of vehicles consisting of a motor vehicle fastened with a semi-trailer;
35a) non-mortational vehicle-vehicle or combination of vehicles whose axle loads with or without cargo are greater than the permissible, prescribed for the road in the public road regulations, or whose dimensions or actual mass the total, together with or without the cargo, shall be greater than the limits provided for in the provisions of this Law;
(35b) an indivisible charge-a charge which, without disproportionate cost or risk of injury, cannot be divided into two or more smaller cargoes;
35c) the pilot-the person responsible for ensuring road safety and minimising road traffic difficulties at the time of the journey of the vehicle;
36) a special vehicle-a car vehicle or a trailer designed to perform a special function which makes it necessary to adapt the bodywork or have a special equipment; in this vehicle it may be transported persons and items related to the execution of this function;
37) a vehicle used for special purposes-a car vehicle adapted in a special way for the carriage of persons or cargo, used by the Armed Forces of the Republic of Poland, Police, Internal Security Agency, Intelligence Agency, Service Military Counterintelligence Service, Military Intelligence Service, Central Anti-Corruption Bureau, Government Security Office, Border Guard, Treasury Control, Customs Service, Fire Protection Units, Road Transport Inspection and Prison Service;
38) a privileged vehicle-a vehicle that sends light signals in the form of blue flashlights and at the same time sound signals of a variable tone, driving with the passing beam or by road; this term also includes the vehicles which are on the right in the column at which the first and at the end are the privileged vehicles sending in addition the light signals in the form of red flashlight;
39) a historic vehicle-a vehicle which, on the basis of separate regulations, has been entered in the register of monuments or is located in the voivodship of monuments, as well as a vehicle entered into the inventory of the museum, in accordance with separate regulations;
40) passenger car-a car vehicle designed to carry no more than 9 persons, including the driver and their luggage;
41) bus-a car vehicle designed for the carriage of more than 9 persons including the driver;
41a) a school bus-a bus intended for the carriage of children to school, orange colour, marked on the front and back rectangular plates of white colour, with the inscription of a black "school bus";
42) truck-a car vehicle designed for the carriage of cargo; this term also includes a heavy passenger car designed for the carriage of cargo and persons in the number 4 to 9 including the driver;
42a) truck tractor-a motor vehicle designed to be constructed exclusively for the towing of a trailer; this term includes a tractor and a ballast tractor;
42b) four-siders-a motor vehicle intended for the transport of persons or cargo, excluding passenger cars, lorries and motorcycles, the unladen kerb weight of which does not exceed:
(a) in the case of the carriage of goods,
(b) in the case of passenger transport 400 kg;
42c) a light quadrillion, a quadrillion, whose unladen mass does not exceed 350 kg and the design limits the driving speed to 45 km/h;
43) taxi-car vehicle, properly equipped and marked, intended for the carriage of persons in the number of not more than 9 including the driver and their cabin baggage for the charge established on the basis of a taxi fare;
(44) agricultural tractor-motor vehicle, the construction of which is capable of developing speeds of not less than 6 km/h, designed to be used together with agricultural, forestry or horticultural equipment; this tractor may also be adapted to the the towing of trailers and for the work of the earth;
45) motorcycle-a motor vehicle fitted with an internal combustion engine with a cylinder capacity exceeding 50 cm 3 , two-wheeled or side-bogie; this shall also include a three-wheeled vehicle with a symmetrical arrangement of the wheels;
46) moped-two-or three-wheeled vehicle fitted with an internal combustion engine of a cylinder capacity not exceeding 50 cm 3 Or an electric motor with a power of not more than 4 kW, whose design limits the speed of driving to 45 km/h;
47) bicycle-a vehicle of a width not exceeding 0,9 m moved by the force of the muscle of the person driving this vehicle; the bicycle may be equipped with a pedal pressure operated by an auxiliary electric drive with a current voltage of not more than 48 V o a rated continuous power of not more than 250 W, the output power of which shall be gradually reduced and falling to zero after a speed exceeding 25 km/h.
(47a) bicycle trolley-a vehicle of more than 0,9 m in width intended for the transport of persons or goods moved by the force of the muscles of the person driving this vehicle; the bicycle trolley may be equipped with an auxiliary pedal pressure operated by an electric drive powered by an electric current with a voltage of not more than 48 V having a rated continuous power of not more than 250 W, the output power of which shall be gradually reduced and falling to zero after a speed of 25 km/h.
48) wheelchair-a construction vehicle designed for the mobility of a disabled person, powered by a muscular force or by means of an engine, whose construction limits the speed of driving to pedestrian speed;
49) combination of vehicles-vehicles joined together in order to move on the road as a whole; this does not apply to vehicles fitted with the purpose of towing;
49a) tourist queue-a combination of vehicles consisting of an agricultural tractor, whose construction limits the speed of driving to 25 km/h, or a free-running vehicle and trailer (trailers) adapted for the transport of persons, used within the framework of activities in the field of the provision of tourist services;
50) trailer-vehicle without an engine, adapted to connect it with another vehicle;
51) a light trailer, a trailer whose permissible laden mass does not exceed 750 kg;
52. semi-trailer-trailer, the part of which is resting on the motor vehicle and laden with the vehicle;
53. unladen kerb mass-the mass of the vehicle with its normal equipment, fuel, oils, lubricants and liquids in nominal quantities, without direction;
54) permissible laden mass-the greatest specific technical conditions specified by the mass of the vehicle laden with persons and cargo, permitted to move on the road;
55) the actual total mass-the mass of the vehicle, including the mass of the items and persons on it;
56) permissible payload-the largest mass of cargo and the person the vehicle can carry, which represents the difference of the permissible laden mass and the mass of its own vehicle;
(57) axle load-the sum of the pressures on the road that are on one axis;
58. VIN-the vehicle identification number given and placed by the manufacturer;
59. recording equipment-stationary, portable or installed in a vehicle or on an aircraft of an aircraft, revealing and recording by means of techniques to perpetuate the violation of traffic regulations by driving vehicles;
60) vehicle category-vehicle classification according to approval requirements;
(61) the maximum laden mass, the largest mass of the vehicle laden and laden, as determined by the manufacturer of the vehicle;
62) a new vehicle-a new vehicle, which was not registered;
63) a Member State-a Member State of the European Union, the Swiss Confederation or a Member State of the European Free Trade Agreement (EFTA)-a party to the Agreement on the European Economic Area;
64) a complete vehicle-a vehicle which, in order to meet the technical requirements and to obtain the established performance, does not require a pick;
65) "SAM" vehicle-a vehicle built with the use of the bodywork, chassis or frame, its own construction;
66) a vehicle produced in small series-a vehicle produced in a limited number, specified in the regulations issued on the basis of art. 70m ust. 1 point 3;
67) an incomplete vehicle-a vehicle which, in order to meet the technical requirements and to obtain the established performance, should pass at least one stage of completion;
68) a completed vehicle-a vehicle which, in order to meet the technical requirements and to obtain the established performance, was created as a result of at least one stage of picking;
69) vehicle from the final batch of production-a vehicle which is a part of the manufacturer's stock which does not meet the technical requirements due to a change in the conditions giving rise to the issue of the EC type-approval certificate or type-approval certificate the vehicle and the certificate is no longer valid;
70) the subject of equipment or part-shall be understood by this system, a separate technical unit or part, subject to the technical requirements set out in Chapter III, Chapters 1a and 1b, of the European Union provisions concerning approval tests, or the UNECE regulations, intended to be used in the vehicle;
71) type-approval certificate-UNECE type-approval certificate, vehicle type-approval certificate, EC type-approval certificate;
72) a UNECE type-approval certificate-a document issued by a competent authority of the State-parties to the Agreement concerning the adoption of uniform technical prescriptive requirements for wheeled vehicles, equipment and parts which may be used in these vehicles, and the conditions for reciprocal recognition of approvals granted on the basis of these requirements, drawn up in Geneva on 20 March 1958. (Dz. U. of 2001. Nr 104, pos. 1135 and 1136), hereinafter referred to as 'the Agreement', stating that the type of the subject of equipment or parts complies with the requirements of the UNECE type-approval procedure laid down in the Regulations of the United Nations Economic Commission for Europe (ECE) (UN) annexed to that Agreement;
73) certificate of type-approval of a vehicle-document issued by the competent authority of the Republic of Poland stating that the vehicle type meets the requirements of the vehicle type-approval procedure;
74) EC type-approval certificate-a document issued by a competent authority of a Member State of the European Union stating that the type of vehicle, the type of the object of its equipment or parts, meets the requirements of the EC type-approval procedure;
75) type of item of equipment or parts-identification of items of equipment or parts which fulfil the same function in a vehicle which do not differ in essential characteristics affecting road safety or protection the environment, if the requirements laid down in EU provisions concerning approval tests or UNECE regulations do not provide otherwise;
76) certificate of approval of an individual EC vehicle-a document issued by a competent authority of a Member State of the European Union stating that the vehicle complies with the relevant conditions or technical requirements of an EC individual approval procedure the vehicle;
77) certificate of approval of the installation of the installation of a given type of vehicle for gas supply-a document issued by the competent authority of the Republic of Poland stating that the way of installation of the installation adapting the given type of vehicle to The gas supply and the components of this installation shall comply with the requirements of the approval procedure for installation of the type of vehicle to be used for gas supply;
(78) vehicle type-the designation of vehicles of one category of vehicle which do not differ from one another in terms of essential characteristics, as defined in the provisions adopted pursuant to the Article. 70m ust. 1 point 5;
79) placing on the market-a paid or free transfer of the vehicle, the object of the equipment or parts for the first time in the territory of the Republic of Poland to the user;
80) variant of the vehicle-the designation of vehicles of one type, which do not differ from one another at least in terms of essential characteristics, specified in the provisions issued on the basis of art. 70m ust. 1 point 5;
(81) version of the vehicle-the designation of vehicles of one variant, of the completion of the vehicle type specified in the vehicle type-approval certificate or of the EC vehicle type-approval certificate;
82) tram-a vehicle intended for the transport of persons or goods powered by electricity, moving on rails on public roads;
83) trolleybus-bus designed to power the electricity from the overhead contact line;
84) alcohol lock-a technical device preventing the engine of a motor vehicle and of a rail vehicle from starting, where the alcoholic strength of the alcohol in the direction of at least 0,1 mg of alcohol in 1 dm 3 ;
85) calibration of the alcoholic blockade-all activities for the calibration of the alcohol lock and the adjustment of this device in such a way as to meet the requirement referred to in point 84.
SECTION II
Road traffic
Chapter 1
General principles
Article 3. [ Obligations of a traffic participant] 1. A traffic participant and another person on the road are required to be cautious or when the law requires special care to avoid any action likely to cause a threat to safety or traffic order, Make it difficult or in connection with the movement to disturb the peace or public order and to expose anyone to the detriment of the movement. Action shall also be understood to be omisn.
2. Paragraph Recipe 1 shall apply mutatis mutandis to a person close to the road if the behaviour of the person is likely to result in the effects referred to in that provision.
3. However, if the movement participant or other person has caused the threat of road safety, the necessary measures shall be taken to remove the risk without delay and, should it not be possible, to warn against the risk of prejudice to the danger of traffic other participants in the movement.
Article 4. [ Road Behaviour] A traffic participant and another person on the road have the right to count that other participants in the movement comply with the traffic regulations, unless circumstances indicate the possibility of different behaviour.
Article 5. [ Commands and signals] 1. A movement participant and another person on the road shall be obliged to adhere to the commands and signals given by the persons directing the movement or authorized to control it, traffic lights and road signs, even when out of the regulations The law results in a different manner of behaviour than those ordered by those persons, traffic lights or traffic signs.
2. The commands and signals given by the persons directing the movement or authorized to control it shall take precedence over traffic lights and signs.
3. Light signals shall take precedence over the road signs that regulate the priority of the journey.
Article 6. [ Parties authorised to give signals] 1. The command or signals may give the participant a motion or other person on the road:
1) a policeman;
2) a soldier of the Military Gendarmerie or a military ordinal authority, securing the passage or passage of a military column or in the event of an action related to the saving of life or property;
3) Officer of the Border Guard;
(3a) Inspectorate of Road Transport Inspection;
3b) a uniformed treasury audit inspector or customs officer;
3c) municipal guard (city);
4) a railway worker on a railway crossing;
5) a person acting on behalf of the road manager or a person performing the works on the road on request or with the consent of the road manager;
6) the person supervising the safe passage of children through the prisoner, in the designated place;
7) directing the school bus in places of parking related to the embarkation or disembarkation of children;
7a) a mountain rescue during the carrying out of the rescue operations;
8) the forest guard or the Officer of the Park's Fire-in the area of the forest or national park respectively;
9) firefighter of the State Fire Service during the execution of activities related to the carrying out of rescue operations;
10) a member of the volunteer fire brigade during the exercise of the activities associated with the rescue operation;
11) the officer of the Government Protection Bureau while performing the tasks related to ensuring the safety of the protected persons, facilities and equipment;
12) a pilot when carrying out activities related to piloting of a non-immaterial vehicle.
2. The persons referred to in paragraph. 1 and paragraph 4 (2), should be easily recognisable and visible from a sufficient distance, both in the day and at night.
3. Paragraph Recipe 2 in terms of easy recognisability:
1. refers to the person mentioned in the paragraph. 1 point 1 only outside the built-up area;
2) does not apply to the driver of the school bus, if the signal to stop other vehicles is given by that person without leaving the vehicle properly marked.
3a. The persons referred to in paragraph 1. 1 points 4 to 8 and 12 and paragraph 1 4 (2), may give instructions or signals to a participant of a movement or other person on the road provided that the training organised by the provincial road traffic centre is completed. A pilot to secure the passage of a non-material vehicle as the person referred to in paragraph 1. 1 points 1 to 3c and 9, shall not be subject to training.
3b. The training referred to in paragraph 1. 3a, may be carried out for consideration. The fee shall be borne by the driver for the training and, in other cases, the person undergoing the training. The maximum amount of one person's training fee may not exceed 30% of the minimum wage for the work determined on the basis of the provisions on the minimum wage for the work.
4. The Minister responsible for internal affairs in agreement with the Minister responsible for transport, taking into account the need to ensure security and order in the course of the driving of traffic and the smooth functioning of the activities in this field, way of Regulation:
1. shall determine the organisation and method of carrying out the activities referred to in paragraph 1. 1, programme and mode of training in this field, model certificate of completion of training, the amount of training rates and the mode of collection and reimbursement, taking into account in particular the average real costs of the organisation and the conduct of the training training;
2) may authorize other persons to carry out the activities referred to in the paragraph. 1, and specify the circumstances, the detailed conditions, the manner of carrying out the activities in this respect, as well as the conditions which those persons must meet;
3) determine the dress pattern of the persons referred to in paragraph. 1 points 4 to 6.
Article 7. [ Signs and signals] 1. Traffic signs and signals shall express warnings, prohibitions, warrants or information.
2. The Minister for Transport and the Minister responsible for internal affairs, in agreement with the Minister of National Defence, taking into account in particular the need to adapt the traffic signals to the provisions of international agreements, will determine, in the road traffic regulations, signs and signals, their meaning and their scope.
3. Minister competent for transport in agreement with the minister competent for internal affairs, taking into account the need to ensure the legibility and comprehensibility of road signs and signals for road participants, will determine, on the way regulations, detailed technical conditions for road signs and signals and road safety devices, as well as the conditions for their placing on the roads.
Article 8. [ A disabled person] 1. A disabled person legitimizing a parking card driving a car vehicle marked with this card may not adhere to certain traffic signs concerning the traffic ban or a stop, to the extent specified by the provisions of which the art. 7 ust. 2.
2. Paragraph Recipe 1 shall also apply to:
1) driving a vehicle that carries a person with a disability legitising a parking card;
2. a driving vehicle belonging to the facility referred to in paragraph 1. 3a (3), which carries a person with significantly reduced mobility opportunities in the care of such a facility.
3. The parking card shall be placed behind the windscreen of the vehicle, and if the vehicle does not have a windshield-in a visible position in the front of the vehicle, in a way exhibiting visible security of the card and allowing to read it Number and expiration date.
3a. The parking card shall be issued:
1) a disabled person who is classified as having a significant or moderate degree of disability having a significantly reduced capacity for self-mobility;
2) a disabled person who has not completed 16 years of age having significantly reduced possibilities of self-mobility;
3) a facility dealing with the care, rehabilitation or education of persons with disabilities with significantly reduced possibilities of self-moving.
4. [ 1] The parking card of the person referred to in paragraph 3a (1) and (2) shall, on payment of a fee and after payment of the registration fee, issue the chairperson of the district court with a disability adjudication referred to in Article 3 (2). 6 para. 1 point 1 of the Act of 27 August 1997. about professional and social rehabilitation and employment of people with disabilities (Dz. U. of 2011 r. Nr 127, pos. 721, of late. zm. zm.), on the basis of the Disability Panel issued by the team:
1) a decision on disability,
2) decisions on the degree of disability,
3) decisions on indications of relief and allowances
-together with the indication referred to in Article 6b par. 3 point 9 of the Act of 27 August 1997. about professional and social rehabilitation and employment of people with disabilities.
5. [ 2] The parking card of the facility referred to in paragraph 1. 3a (3), shall issue, on payment of a fee and after payment of a record fee, the chairman of the District Court for Disability adjudication, on the basis of the documents submitted by the applicant, with one vehicle used for the carriage of goods people with disabilities appear to be one card.
5a. (repealed).
5b. (repealed).
5c. The parking card shall be issued to the person referred to in paragraph 1. 3a, points 1 and 2, for the period of validity of the decision referred to in paragraph 1. 4, however, not longer than for a period of 5 years, and the facility referred to in paragraph. 3a (3) for a period of 3 years.
5d. In the event of the cessation of the use of a vehicle for the carriage of persons with disabilities, having a significantly reduced capacity for self-moving, the operator of the facility referred to in art. 8 ust. 3a (3) shall be required to return the parking card to the authority which issued it without delay.
5e. The parking card is no longer valid:
1) after the expiry date of the card;
2) in the case of notification of the loss of the card by the person or the facility to whom the card was issued;
3) in the case of return of the card to the authority which issued it;
4) in the event of liquidation of the facility to which the card was issued;
5) in the event of death of the person to whom the card was issued.
5f. The Minister responsible for social security shall, subject to the provisions of the Act of 29 January 2004. -Public procurement law (Dz. U. of 2013 r. items 907, 984 and 1047), the choice of manufacturer of the parking card blpolls.
6. Paragraph Recipe 1 shall apply mutatis mutandis to the driving vehicles equipped with a parking card issued abroad.
6a. The fee for issuing the parking card may not exceed 1% of the average monthly salary in the national economy in the previous year, advertised for the pension purposes in the Official Journal of the Republic of Poland "Monitor Polski" by President of the Central Statistical Office.
6b. The fee for the issue of the parking card constitutes the revenue of the state budget.
7. The Minister responsible for social security shall, in agreement with the Minister responsible for transport, determine, by means of a regulation:
1) the model and the mode of issuing parking cards to the persons referred to in paragraph. 3a (1) and (2) and the establishments referred to in paragraph 2 (a). 3a point 3, taking into account, in particular, the provision of a uniform procedure for the issuing of parking cards and the need for the technical protection of the card in such a way as to guarantee its authenticity and to harmonise the design of the parking card with the solutions adopted in European countries, in order to enable the use of disabled persons and privileges in road traffic as defined in national law to benefit from disabled persons;
(2) the rules for the granting of the number of parking tickets issued, taking into account, in particular, the need for a smooth system of issuing, recording and checking the correctness of the use of cards and the fact that, in the case of the cards referred to in paragraph 1, the cards referred to in paragraph 1 are not 3a (3) part of the card number shall be the registration number of the vehicle;
(3) the procedure for the reimbursement of the parking card, with a view to ensuring a uniform procedure for the reimbursement of parking cards;
4) a model application for the issue of a parking card, with a view to ensuring a uniform form of applications submitted.
8. The Minister responsible for Social Security, in agreement with the Minister responsible for Transport and the Minister responsible for health, will determine, by regulation, the type of care, rehabilitation or education establishments persons with disabilities with significantly reduced mobility, entitled to receive a parking card, with a view to ensuring that the cards are issued to the competent authorities.
9. The Minister responsible for social security shall determine, by means of a regulation:
1) the amount of the charge for the issue of the parking card, taking into account the costs associated with its production and distribution;
2) conditions for the distribution of parking card tricks, with a view to ensuring the efficiency and safety of the process of forwarding these cards to the district teams for the Disability adjudication.
Art. 8a. (repealed).
Article 9. [ Transit of a privileged vehicle] The movement participant and any other person on the road shall be obliged to facilitate the passage of the privileged vehicle, in particular by removing immediately from his or her roads and, if necessary, by stopping.
Article 10. [ Supervision of traffic management on roads] 1. The Minister responsible for transport shall supervising the management of traffic on national roads.
2. The Wojewoda supervising the management of traffic on the roads:
1) voivodships;
2. powiats;
3) municipal;
4) public situated in cities on the rights of the district and in the capital city of Warsaw;
5) internal located in zones of traffic or residence zones.
3. The General Director of National Roads and Motorways manages traffic on national roads, subject to the paragraph. 6.
4. The Marshal of the voivodship manages traffic on the voivodship roads, subject to the paragraph. 6.
5. The Starosta manages traffic on district and communal roads, subject to the paragraph. 6.
6. The president of the city manages traffic on public roads located in cities on the rights of the district, with the exception of motorways and expressways.
7. Traffic management on the internal roads, including in the zone of traffic and the zone of residence, belongs to the entity managing these roads.
The 8th General Director of National Roads and Motorways may entrust tasks in the field of traffic management on the national roads of the Marshal of the voivodship.
9. The national roads, voivodships, district and municipal roads are public roads determined in accordance with the regulations on public roads.
10. The bodies carrying out the supervision of traffic management on the roads may order the change of organisation of traffic due to the important social interest or the need to ensure the transit traffic.
10a. Entities managing the roads referred to in paragraph. 7, when establishing the organisation of traffic on these roads shall use traffic signs and signals and the rules for their placement under the Act and its implementing rules. The cost of marking the internal road shall be borne by the operator by
11. The Minister responsible for transport, bearing in mind the need to protect the roads against destruction and to ensure the safety of traffic during the period of increased traffic volume of passenger vehicles, may introduce, by means of a regulation, periodic restrictions on road traffic or a ban on certain types of vehicles.
12. Minister competent for transport, in agreement with the Minister responsible for internal affairs and the Minister of National Defence, taking into account in particular:
1) the need to ensure the safety of all participants of the road traffic,
2) the need for efficient use of public roads,
3) the needs of the local community,
define, by means of a regulation, detailed conditions for the management of traffic on the roads and for the exercise of supervision of that management.
Chapter 2
Pedestrian traffic
Article 11. [ Pedestrian Duties] 1. The pedestrian is required to use the pavement or the road for pedestrians, and in the absence of them-from the side of the road. If there is no side or side of time it is not possible to use it, the pedestrian may use the carriageway, provided that it occupies the place as close as possible to the edge of the road and makes it clear to the vehicle that is in the vehicle.
2. Pedestrian walking on the side of the road or roadway is obliged to go to the left side of the road.
3. The pedestrals of the jezder are bound to go one by one. On the road with a small traffic, in conditions of good visibility, two pedestrians can go side by side.
4. Using the pedestrian with the road for bikes is allowed only in the absence of the sidewalk or the side of the road or inability to use them. Pedestrians, with the exception of a disabled person using this road, are obliged to step down by bicycle.
4a. Pedestrians moving on the road after dusk outside the built-up area shall be obliged to use retro-reflectors in a way that is visible to other participants in traffic, unless it moves on the road exclusively for pedestrians or on the sidewalk.
5. The provisions of the paragraph. 1-4a does not apply in the residence zone. In the zone of this pedestrian zone uses the entire width of the road and takes precedence over the vehicle.
Article 12. [ Movement of pedestrian columns] 1. A pedestrian column, with the exception of pedestrians aged up to 10 years, can move only the right side of the road.
2. To a column of pedestrians aged up to 10 years, the provisions of art shall apply accordingly. 11 (1) 1 and 2.
(3) The number of pedestrians going to the right side of the column shall not exceed 4, and in the military column 6, provided that the column does not occupy more than half the width of the carriageway.
4. Pedestones of up to 10 years of age can go in a column only two under the supervision of at least one person full of age.
5. The length of the pedestrian column shall not exceed 50 m. The distance between columns must not be less than 100 m.
6. If the pedestrian crossover takes place under conditions of insufficient visibility:
1) the first and the last of the left to the left are obliged to carry the flashlights:
(a) the first one, with a white light, to the front,
(b) the last, with a red light, to be redirected back;
2) in a column with a length exceeding 20 m going on the left side of the front and at the rear are required to use retro-reflective elements corresponding to the appropriate technical conditions and, moreover, going on the left hand side are required to carry additional flashlights from white light, arranged in such a way that the distance between them does not exceed 10 m;
3) the light of the kite should be visible from a distance of at least 150 m.
7. It is forbidden to:
1) traffic on the carriageway of the pedestrian column during the fog; this prohibition shall not apply to the military or police column;
2) traffic on the carriageway of the pedestrian column up to the age of 10 years under conditions of insufficient visibility;
3) driving on the carriageway of a pedestrian column by a person under the age of 18.
Article 13. [ Going through the Jezra] 1. The pedestrian, passing through the road or the landslide, is obliged to take special care and, subject to the mouth. 2 and 3, take advantage of the pedestrian crossing. The pedestrian in this transition shall take precedence over the vehicle.
2. Going through the road outside the pedestrian crossing is allowed when the distance from the passage exceeds 100 m. However, if the intersection is less than 100 m from the designated crossing point, the crossing is also permitted at this intersection.
3. Passing through the road outside the pedestrian crossing referred to in paragraph. 2, is allowed only on condition that it does not cause danger of traffic safety or impedimentation of the movement of vehicles. The pedestrian is obliged to give priority to the vehicles and to the opposite edge of the road to the shortest, perpendicular to the axis of the carriageway.
4. If on the road there is a passage of stuffed or underground pedestrians, pedestrians shall be obliged to use it, subject to the paragraph. 2 and 3.
5. In the built-up area, on a two-day road or on which the tramway trams on the road were extracted from the carriageway, pedestrians passing through the carriageway or the torocliff are required to use only the pedestrian crossing.
6. Passing through the track extracted from the carriageway is allowed only in the place for this purpose.
7. If the islet for passengers at the public transport stop connects to the crossing for pedestrians, going to and from the stop is only allowed after this passage.
(8) If a pedestrian crossing is designated on a two-day road, the crossing on each carriageway shall be considered as a separate passage. This provision shall apply mutatis mutandis to a pedestrian crossing where the movement of vehicles is separated by an islet or by means of other equipment on the roadway.
Article 14. [ Forbidden] It shall be prohibited:
1. coming into the jezra:
(a) immediately before the driving vehicle, including on a pedestrian crossing,
(b) outside the vehicle or other obstacle restricting the visibility of the road;
2) going through the road in a place with reduced visibility of the road;
3) release the step or stop without a legitimate need during passing through the road or the rotor;
4) passing through the Jezra;
5) walking in the torowisk;
6) the entry into the landslide, when the dam or the semi-barrier is abandoned or leave them started;
7. passing through the carriageway where a safety device or an obstacle separates the road for pedestrians or sidewalks from the roadway, regardless of which side of the road they are on.
Article 15. [ Closure of vehicle traffic] Art. 11-14 shall not apply in the event of the closure of the traffic of vehicles on the road.
Chapter 3
Movement of vehicles
Division 1
General principles
Article 16. [ Right-hand Traffic] 1. The driver of the vehicle shall be in right-hand traffic.
2. The driver of the vehicle, using the two-way road, is obliged to drive on the right carriageway; these carriageways are not included in the carriageway intended to commute to the property located by the road.
3. The driver of the vehicle, using the two-way carriageway at least four lanes, is obliged to occupy the lane of the traffic located on the right half of the roadway.
4. The driver of the vehicle is obliged to drive as close as possible to the right edge of the road. If the lanes of the carriageway are designated, they shall not occupant more than one lane.
5. A driving vehicle, a bicycle, a bike trolley, a moped, a handcart and a person driving a motor driven by the engine are obliged to move on the side of the road, unless it is not suitable for driving or the movement of the vehicle would obstruct the traffic pedestrian.
6. The driver of the vehicle on the part of the carriageway, after which the rail vehicles are driving, shall be obliged to give way to the vehicle which is oncoming to the railway vehicle.
7. At the intersection and immediately before it, the driver of the bike, moped or motorbike can move the centre of the lane if it allows to leave the intersection in more than one direction, subject to art. 33 (1) 1.
Division 2
Turning on traffic
Article 17. [ Enabling for traffic] 1. The movement shall take place when driving after a traffic stop or stopping without any conditions or regulations of the road and when entering:
1) on the road from a property, from a roadside object or a commute to such an object, from a road which is not a public road and from the zone of residence;
2) on the road from the field or on the road hard road from the ground road;
3) on the road from the roadside, from the pavement or from the lane for slow vehicles;
3a) on the road or side of the road for bicycles, with the exception of the entry for bicycles and/or lanes for bicycles;
4) a rail vehicle-on the road from the carriageway or on the road from the loop.
2. The driver of the vehicle, including the traffic, shall be particularly cautious and shall give priority to another vehicle or traffic participant.
Article 18. [ Bus stop] 1. The driver of the vehicle, approaching the marked bus stop (trolleybus) in the built-up area, is obliged to reduce the speed and, if necessary, stop to allow the driver to take the bus (trolleybus) the integration If the direction of the vehicle is signalled by the direction indicator, the intention to change the lane or to drive from the bay to the road shall be indicated.
2. The driver of the bus (trolleybus) referred to in the mouth. 1, may enter into the adjacent lane or on the road only after making sure that this does not cause danger of road safety.
Art. 18a. [ Movement of the school bus] 1. The driver of the vehicle, approaching the parking place of the school bus, shall be obliged:
1) to stop, if the driver of the bus has given a stop signal;
2. reduce the speed and, if necessary, stop to allow the bus to enter the road or the adjacent lane, provided that it signals the intention to exercise such manoeuvre.
2. The driver of the school bus in the situation referred to in the paragraph. 1, may enter into the adjacent lane or if only after making sure that this does not jeopardise the safety of the road.
Division 3
Speed and braking
Article 19. [ Safe speed] 1. The driver of the vehicle is obliged to drive at the speed of the vehicle control, taking into account the conditions under which the traffic takes place, and in particular: the sculpture of the terrain, the state and the visibility of the road, the state and the load of the vehicle, the conditions atmospheric and intensity of movement.
2. The driver of the vehicle shall be:
1) drive at a speed not obstructing the driving other direction;
2) brake in a way that does not endanger the safety of traffic or its handicap;
(3) maintain the distance necessary to avoid a collision in the event of a stopping or a stop of the preceding vehicle.
3. Outside the built-up area, on two-lane two-way jezers, driving a vehicle with an individual speed limitation or a vehicle or combination of vehicles with a length of more than 7 m shall be required to maintain such a distance from the a motor vehicle in front of it, so that other overtaking vehicles can safely enter the gap maintained between these vehicles. This provision shall not apply if the driving vehicle is in advance or is not permitted to go ahead.
4. In addition to an area built in tunnels with a length exceeding 500 m, the driving vehicle shall be required to maintain the distance from the preceding vehicle, not less than:
1) 50 m-if it directs a vehicle with a maximum permissible weight not exceeding 3,5 t or by bus;
2) 80 m-if directed by a combination of vehicles or vehicles not mentioned in paragraph 1.
5. The body managing traffic on the roads may reduce or increase by means of the road signs the permissible space referred to in paragraph. 4, depending on the permissible speed tunnel.
Article 20. [ Permissible speed] 1. Speed of vehicle or combination of vehicles in the area built in hours 5 00 -23 00 is 50 km/h, subject to the paragraph. 2.
1a. permissible speed of the vehicle or combination of vehicles in the area built in hours 23 00 -5 00 is 60 km/h, subject to the paragraph. 2.
2. The permissible speed of a vehicle or combination of vehicles in the zone of residence is 20 km/h.
3. Speed allowed outside the built-up area, subject to the paragraph. 4 and 5, shall be:
1. passenger car, motorbike or lorry with a maximum permissible weight not exceeding 3,5 t:
a) on the highway-140 km/h,
(b) on an express two-way road-120 km/h,
(c) on a single-day expressway and on a two-day road, at least two lanes intended for each movement direction-100 km/h,
(d) on other roads-90 km/h;
2. the combination of vehicles or vehicles not mentioned in paragraph 1:
(a) on a motorway, an express road or a two-way road, at least two lanes intended for each movement direction-80 km/h,
(b) on other roads-70 km/h.
4. Acceptable speed of the bus meeting the additional technical conditions specified in the regulations referred to in art. 66 (1) 5, on the motorway and expressway is 100 km/h.
5. (repealed).
5a. The Council of Ministers upon request Minister responsible for energy [ 3] may, by way of regulation, in the cases referred to in Article 32 par. 1 of the Act of 16 February 2007. the stocks of crude oil, petroleum products and natural gas and the rules of conduct in situations of risk of fuel security of the state and disturbances on the oil market (Dz. U. Nr 52, pos. 343, of late. zm.), introduce restrictions on the permissible speed of motor vehicles.
6. The permissible speed of some vehicles, subject to the paragraph. 2, shall be:
1) an agricultural tractor (also with a trailer)-30 km/h;
2. a vehicle with a device protruding to the front of more than 1,5 m from the seat for the steering-30 km/h in the built-up area and 60 km/h outside the built-up area;
3) a motorbike (also with a trailer), a four-wheel drive and a moped, which carries a child aged up to 7-40 km/h.
Article 21. [ Speed control in built-up area] 1. The body managing traffic on the roads may reduce or increase, by means of road signs, the permissible speed of vehicles in force in the built-up area.
2. The permissible speed referred to in paragraph 2. 1, may be:
1) reduced-if the conditions for the safety of traffic on the road or its section of the road for this speak;
2) increased-if the conditions of traffic on the road or its section ensure the preservation of traffic safety.
3. The body managing traffic on the roads may reduce, by means of road signs, the permissible speed of the vehicles in force outside the built-up area if the conditions for the safety of traffic on the road or its section of the road speak for it.
4. The vehicle registrant may determine for an individual vehicle an acceptable speed lower than that specified in the art. 20, if justified by the construction or technical condition of the vehicle. The speed limit shall be shown on the mark on the rear of the vehicle.
Division 4
Change in direction of driving or lane
Article 22. [ Changing direction of driving] 1. The driver of the vehicle may change the direction of the driving or the occupant lane only with special care.
2. The driver of the vehicle is obliged to approach:
1) to the right edge of the carriageway-if it intends to turn right;
2) to the centre of the carriageway or on the roadway with one-way traffic to the left of its edge-if it is going to turn left.
3. The provision of the paragraph. 2 shall not apply if the dimensions of the vehicle make it impossible to twist in accordance with the principle set out in that provision or the driving is permitted only in one direction.
4. The driver of the vehicle shall be obliged to give priority to the vehicle on which the vehicle is intended to enter and to the vehicle on the right to the right of the vehicle.
5. The driver of the vehicle shall be obliged in advance and shall clearly indicate the intention to change the direction of the driving or the lane and to stop signaling as soon as possible after the exercise of the manoeuvre.
6. It is forbidden to turn back:
1) in the tunnel, on the bridge, the viaduct or the one-way road;
2) on the motorway;
3) on the express road, with the exception of a crossroads or a place for that intended;
4) in conditions in which it could compromise the safety of traffic on the road or the movement of such obstructions.
Division 5
Exchanging, bypassing, and reversing
Article 23. [ Obligations of drivers] 1. The driver of the vehicle shall be:
1) when replacing, keep the safe distance from the interchangable vehicle or traffic participant and, if necessary, drive to the right and reduce the speed or stop;
2) when bypassing the safe distance from the bypassing vehicle, the movement participant or the obstacle and, if necessary, reduce the speed; bypassing the vehicle signaling the intention to turn to the left can only take place on the right side;
3. on receding, give priority to another vehicle or traffic attendant and take special care, in particular:
(a) verify that the manoeuver is not a threat to the safety of traffic or of its impedimation,
(b) ensure that there is no obstacle behind the vehicle; in the event of difficulties in the personal assurance of the driver, he shall be obliged to provide assistance to another person.
2. The revocation of the vehicle in the tunnel, on the bridge, the viaduct, the highway or the expressway is forbidden.
Division 6
Overtake
Article 24. [ Pre-emptive Obligations] 1. The driver of the vehicle shall be obliged before the pre-emptive operation, in particular whether:
1) has adequate visibility and sufficient space to overtake without obstructing any traffic;
2) the guide, driving behind him, has not begun overtaking;
3) the driver, driving in front of it on the same lane of traffic, did not signal the intention to overtake another vehicle, change the direction of the ride or change the lane.
2. The driver of the vehicle shall be obliged to take special care with caution, in particular the safe distance from the overtaken vehicle or the traffic participant. In case of overtaking of the bike, the bike trolley, moped, motorbike or pedestrian column the distance shall not be less than 1 m.
3. The driver of the vehicle shall be obliged to pass on the left side of the overtaken vehicle on the left, subject to the paragraph. 4, 5, 10 and 12.
4. The rail vehicle may be overtaken only on the right side, unless the position of the tracks prevents such overtaking or overtaking takes place on a one-way road.
5. The vehicle's outboard or traffic participant, which signals the intention to turn to the left, can take place only on the right side.
6. The driving ahead of the vehicle shall be prohibited during overtaking and immediately after the speed increase. Driving a free-running vehicle, agricultural tractor or motor vehicle without an engine shall be required to go as far as possible to facilitate overtaking. The provision shall not apply in the case referred to in paragraph 1. 12.
7. It is forbidden to overtake the motor vehicle after the carriageway:
1) when commuting to the vertex of ascension;
2) at the bend marked with warning signs;
3) at the intersection, with the exception of the crossroads of the circular traffic or on which traffic is directed.
8. It is permissible to go ahead in the places referred to in paragraph. 7 (1) and (2) on the carriageway:
1) one way;
2. 2-way in the section with designated lanes, provided that the driver does not enter a part of the roadway intended to move in the opposite direction-in the place where it is prohibited by the characters on the roadway.
9. The pre-emptation of the place referred to in paragraph shall be allowed. 7, paragraph 3, of a vehicle signalling the intent to turn, provided that the driver does not enter a part of the roadway intended to move in the opposite direction.
10. It is allowed to go ahead on the right side of the road with the designated traffic lanes, subject to the conditions set out in the paragraph. 1 and 7:
1) on a one-way carriageway;
2) on two-way carriageway, if at least two lanes in the built-up area or three lanes outside the built-up area are intended to drive in the same direction.
11. It is forbidden to overtake a privileged vehicle in the built-up area.
12. A bike driver may overtake other than a bike slowly driving vehicles with their right hand side.
Division 7
Crossing the directions of traffic
Article 25. [ Traffic at the crossroads] 1. The driver of the vehicle, approaching the intersection, is obliged to take special care and give priority to the vehicle coming from the right, and if it turns left-also coming from the opposite direction in front of the vehicle or twist to the right.
2. The provision of the paragraph. 1 does not apply to a rail vehicle which takes precedence over other vehicles, regardless of which side is coming from.
3. The provisions of the paragraph. 1 and 2 shall also apply in the event of crossing the directions of traffic outside the crossroads.
4. The driver of the vehicle shall be prohibited:
1) entering a junction, if at a crossroads or behind it there is no place to continue driving;
2) separating the pedestrian column.
Article 26. [ A pedestrian crossing] 1. The driver of the vehicle, approaching the pedestrian crossing, is obliged to take special care and give way to the pedestrian in the pedestrian crossing.
2. The driver of the vehicle, which turns on the transverse road, is obliged to give way to the pedestrian crossing at the crossroads through the road on which he is entering.
3. The driver of the vehicle shall be prohibited:
1) the overtaking of the vehicle on a pedestrian crossing and immediately before it, except for the passage on which the traffic is directed;
2) bypassing the vehicle, which was driving in the same direction, but stopped in order to give way to the hasty;
3) drive along the sidewalk or pass for pedestrians.
4. The driver of the vehicle, passing through the pavement or the road for pedestrians, is obliged to drive slowly and to give way to the hasty priority.
5. Paragraph Recipe 4 shall apply as appropriate when driving on the square where the pedestrian and road traffic is not separated from the same surface due to the lack of separation of the horsemen and walkways.
6. The driver of the vehicle is obliged to take special care when passing by the marked tram stop outside the pavement. If the stop is not equipped with a passenger islet, and the tram is on the bus stop or is standing on it, the driver is obliged to stop the vehicle in such a place and for such a time as to ensure a hasty free access to the tram or to the pavement. Those provisions shall apply mutatis mutandis to the movement of other public transport vehicles.
(7) In the event of a person having a disabled person using a special mark or a person with an apparent reduced mobility, the driver shall keep the vehicle in order to permit the passage of the vehicle.
Article 27. [ Passage for cyclists] 1. The driver of the vehicle, approaching the journey for cyclists, is obliged to take special care and give priority to the bicycle in the drive.
1a. The driver of the vehicle, which turns on the transverse road, is obliged to take special care and give priority to the cyclist's primacy in front of the carriageway, the lane of traffic for bicycles, the way for the bike or any other part of the road which he intends to take. leave.
2. (repealed).
3. The driver of the vehicle, passing through the road for bicycles outside of the road, is obliged to give way to the bike.
4. The driver of the vehicle shall be prohibited from overtaking the vehicle on the ride for the cyclists and immediately before it, except for the journey on which the traffic is directed.
Article 28. [ Railway crossing] 1. The driver of the vehicle, approaching the railway crossing and passing through the passage, is obliged to take special care. Before driving on the tracks, it must be sure that the rail vehicle is approaching, and that appropriate precautions are taken, especially if the air is reduced due to fog or for other reasons.
2. The driver shall be obliged to drive at such a speed so that he can stop it in a safe place when the rail vehicle is coming or when the protective device or signal is not allowed to enter the passage.
3. The driver of the vehicle shall be prohibited:
1) the commuting of abandoned dams or semi-dams and commuters, if leaving them started or lifting up has not been completed;
2. entering the journey if, on the other side of the journey, there is no place to continue driving;
3) the overtaking of the vehicle on the train pass and immediately before it;
4. circumventing the vehicle which is awaiting the opening of the traffic, if this would require driving on a part of the road intended for the opposite direction of traffic.
4. In the event of immobilization of the vehicle at the railway crossing, the driver shall be obliged to immediately remove it from the passage, and if it is not possible, to warn the driver of the rail vehicle of danger.
5. A driving vehicle or a combination of vehicles of more than 10 metres in length, which cannot develop a speed of more than 6 km/h, shall be required to make sure that, at the time it is required to travel through this passage, the vehicle is not capable of developing a speed of more than 6 km/h. the rail vehicle will not arrive, or agree on the time of this journey with the railway diver.
6. The provisions of the paragraph. 1-4 shall apply mutatis mutandis when passing through the trams; the provision of the paragraph. 3 (3) does not apply to the crossing or crossing of the tram on which the traffic is headed.
Division 8
Warning and driving under conditions of reduced air transparency
Article 29. [ Use of audible or light signals] 1. The driver of the vehicle may use an audible or light signal, if there is a need for warning of danger.
2. It is forbidden to:
1) the abuse of a sound or light signal;
2) the use of an audible signal in the built-up area, unless it is necessary in connection with immediate danger;
3) warning traffic lights under conditions in which it may cause the blinding of other directing.
Article 30. [ Reduced air transparency] 1. The driver shall be required to exercise extreme caution when driving under conditions of reduced air transparency, caused by fog, precipitation or other causes, and in addition:
1. the driver of the motor vehicle shall be:
(a) turn on the passing beam or the front fog lamp or both of these lamps simultaneously,
(b) in addition to the area built during the fog, give short-term beeps during overtaking or bypassing;
2. the following shall be directed to the vehicle other than the vehicle referred to in point 1:
(a) turn on the lamps in which the vehicle is equipped,
b) use the side of the road, and if it is not possible, drive as close to the edge of the roadway and do not overtake another vehicle.
2. The obligation to use the lamps referred to in paragraph 1, refers to the driving vehicle also during a stop resulting from the conditions or regulations of the road.
3. The driver of the vehicle may use rear fog lamps if the reduced air transparency limits the visibility to a distance of less than 50 m. In case of improved visibility, the driving vehicle is obliged to switch off the lights immediately.
Division 9
Towing
Article 31. [ Holting of the vehicle] 1. The driver may tow a motor vehicle only on condition that:
1. the towing vehicle's speed shall not exceed 30 km/h in the built-up area and 60 km/h outside that area;
2. the towing vehicle shall also have the dipped-beam headlamp switched on during the period of sufficient visibility;
3. in a towed vehicle, a driver who has the right to drive the vehicle shall be in the towed vehicle, unless the vehicle is towed in such a way as to preclude the need to drive it;
4. the towed vehicle is connected to the towing vehicle in such a way as to preclude the sifting of the vehicle; this does not apply to the towing of the motorcycle, which shall be connected to the vehicle towing the flexible connection in such a way as to enable it to be easily de-graded;
5) the towed vehicle, with the exception of the motorcycle, is marked at the rear on the left side of the warning triangle, and in the period of insufficient visibility it shall also include position lamps; instead of marking a retro-reflective triangular vehicle towed may send yellow flashes in a way that is visible to other traffic participants;
6. in a vehicle towed on a rigid combination, one or more braking systems shall be checked, and in a vehicle towed on a flexible connection, two systems;
7. the distance between the vehicles is not more than 3 m at a rigid combination, and between 4 m and 6 m when the combination is flexible, the combination being marked alternately with white and red straps or with a yellow colour or a flag. Red; this provision does not apply in the event of towing vehicles of the Armed Forces of the Republic of Poland.
2. The towing shall be prohibited:
1) a vehicle with a faulty steering system or with faulty brakes, unless the towing method precludes the need for them to be used;
2) the vehicle by means of a flexible connection, if in the vehicle the operation of the braking system depends on the operation of the engine, and the engine is immobilised;
3) more than one vehicle, with the exception of a member vehicle;
4) vehicle with trailer (semi-trailer);
5) on the motorway, with the exception of towing by vehicles intended to be towed to the nearest departure or the place of service of travellers.
3. In the event of the towing of the vehicle in such a way as to preclude the need to drive it or to use the brakes, the actual total mass of the towed vehicle shall not exceed the actual mass of the total towing vehicle.
Division 10
Movement of vehicles in the column
Article 32. [ Vehicle Column] 1. The number of vehicles in an organized column shall not exceed:
1) cars, motorbikes or motorcycles-10;
2) bicycles or bike trolleys-15;
3. other vehicles-5.
2. The distance between the dining columns shall not be less than 500 m for the columns of motor vehicles and 200 m for the columns of the other vehicles.
3. (repealed).
4. The driving in the column does not relieve the driver from complying with the applicable traffic regulations.
5. The provisions of the paragraph. 1 and 2 do not apply to the privileged vehicles and the vehicles of the Armed Forces of the Republic of Poland.
6. The entry into the column of bicycles or bicycle trolleys and vehicles referred to in paragraph shall be prohibited. 5.
6a. The transfer of a column of vehicles of the Armed Forces of the Republic of Poland, composed of more than 5 vehicles, shall be permitted subject to the condition of obtaining a military permit for a road passage issued by the competent military authority.
7. (repealed).
Division 11
Additional provisions for the movement of bicycles, mopeds and harness vehicles
Article 33. [ Bicycle traffic] 1. The driver of the bike is obliged to use the road for bicycles or lane traffic for bicycles, if they are designated for the direction in which it moves or intends to turn. The cycling route, using the road for bikes and pedestrians, is obliged to take special care and make concessions to pedestrians.
1a. A bike driver can stop in a bicycle lock next to other cyclists. It is obliged to leave it when it is possible to continue driving in the intended direction and to take the place on the carriageway in accordance with the corresponding art. 33 (1) 1 or Art. 16 ust. 4 and 5.
2. A child up to 7 years of age may be transported on a bicycle, provided that it is placed on an additional saddle providing safe driving.
3. The driver of the bike or moped shall be prohibited:
1) driving on the carriageway next to another participant of the traffic, subject to the paragraph. 3a;
2) driving without holding at least one hand on the steering wheel and legs on pedals or footstoves;
3) the clinging of vehicles.
3a. It is possible to drive a bike driving a bicycle next to another bicycle or bike if it does not make it difficult for other participants to move or otherwise does not endanger the safety of the road.
4. (repealed).
5. The use of the pavement or the road for pedestrians by the driving bike is allowed exceptionally when:
1) care for the person aged up to the age of 10 directing the bike;
2. the width of the sidewalk along the road, after which the movement of vehicles is allowed at a speed of more than 50 km/h, is at least 2 m and there is a lack of a separate road for bicycles and lane of traffic for bicycles;
3) weather conditions endanger the safety of cyclists on the carriageway (snow, strong wind, showers, gołoledź, dense fog), subject to the paragraph. 6.
6. The bike driver, using the pavement or pedestrian road, is required to drive slowly, take special care and make concessions to pedestrians.
7. The driver of the bike may drive the left side of the carriageway on the rules prescribed for pedestrian traffic in the provisions of art. 11 (1) 1-3 if he is taking care of the person driving the bike in the age of 10.
Article 34. [ Harness vehicle] 1. Only an unfused animal can be used for the harness, physically and physically fit to be used.
2. The driver of the vehicle shall be obliged to maintain the vehicle and the harness in such condition, so that he can control them.
3. No more than 5 vehicles shall be allowed to drive at one another. The distance between the fifth vehicle and the next vehicle shall not be less than 200 m.
4. The driver of a harness vehicle when entering a hard road in a place where there is not enough visibility of the road, shall be obliged to lead the animal for a stroke.
5. The driver of the vehicle shall be prohibited:
1) overloading of the animal;
2) driving next to another participant of traffic on the roadway;
3. leaving the vehicle unprotected from the grating;
4) driving on the shoots without ringtones or rattleschs.
Chapter 4
Movement of animals
Article 35. [ Riding willow] 1. The skate and the brushes of animals should take place on the road intended for the brushing of animals. In the absence of such a path, the ride on the top and the brushes of animals can take place on the side of the road, and if there is no roadside-after the roadway.
2. The provisions of the Article shall apply mutatis mutandis to the driving of the animals and the brushes of animals. 34 par. 1 and 2 and the provisions on the movement of vehicles.
Article 36. [ Proscuters related to the driving of the willow] 1. Dying on top of a ride:
1) without the usurds;
2) next to another participant of the traffic on the roadway;
3. on the road marked with the number of the international road and on the road on which the ban on the movement of the vehicles is prohibited;
4) after the hard way during the period of insufficient visibility;
5) on the way to a hard person under the age of 17.
2. A rider can only lead to one animal on his right side.
Article 37. [ Animal Brush] 1. The animals in the herd can be brushed on the road only under appropriate supervision. A single animal can only be put on a tether.
2. The animal deer shall be obliged:
1) go on the left side of the brushes of animals;
2) in the period of insufficient visibility carry the flashlight with a visible from a distance of at least 150 m white light.
3. The animals may be conducted in bulk with a coupling vehicle on the right side, in a number of not more than 2 pieces.
4. It is forbidden to:
1) the brushes of animals on the road marked with the number of the international road, and on another hard road-in the period from dusk to dawn;
2) the brushes of animals on the way of a hard person under the age of 13;
3) the speeding of animals across the road in the place of sight of sufficient distance;
4) stopping animals on the carriageway;
5) occupations by animals more than the right half of the carriageway or the road for pedestrians or bicycles.
5. The council of the district may introduce a ban on the speeding of animals on certain roads or areas and within a certain period of time.
Chapter 5
Order and safety of traffic on roads
Division 1
Ordinal provisions
Article 38. [ Documents] The driving vehicle shall be required to carry on and present at the request of the approved body the required required for the type of vehicle or the driver:
1) a document stating the right to drive a vehicle;
2) a document stating the admission of the vehicle to the movement;
3) a document confirming the conclusion of the contract of compulsory insurance of the civil liability of the vehicle holder or proof of payment of the premium for this insurance;
(3a) a certificate of a technical examination carried out with a positive effect on the equipment of the vehicle in an alcoholic blockade, in the case referred to in Article 13 (1) 5 point 7 of the Act of 5 January 2011. on driving vehicles (Dz. U. of 2015 items 155 and 541);
4. the authorisation referred to in Article 106 (1) 1 point 5 of the Act of 5 January 2011. on driving vehicles (Dz. U. Nr 30, pos. 151);
4a) a document confirming the calibration of the alcoholic blockade, issued by the manufacturer of the device or his authorized representative;
(5) other documents, if such an obligation arises from a separate law.
Article 39. [ Obligation of use of safety belts] 1. The driver of a vehicle and the person carrying such a vehicle equipped with a seat belt shall be obliged to use these belts while driving, subject to the paragraph. 3, 3b and 3c.
2. The obligation to use the safety belts shall not apply:
1) a person who has a medical certificate to be contraindicated for the use of safety belts;
2) women with visible pregnancy;
3) driving a taxi while carrying a passenger;
4) an instructor or an examiner during training or examination;
5) a police officer, an officer of the Internal Security Agency, the Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anti-Corruption Bureau, the Border Guard, the Tax Inspectorate, the customs officer and The Prison Service, the soldier of the Armed Forces of the Republic of Poland-while carrying the person (s) of the detainee;
6) the officer of the Office of the Government Protection during the exercise of official duties;
6a) a soldier of the Military Gendarmerie during the execution of protective activities;
7) medical team at the time of medical assistance;
8) a convoy while carrying a cash value;
9) a sick or disabled person transported on a stretcher or in a wheelchair;
10) a child under the age of 3 years carried by a vehicle of categories M2 and M3;
11. a child carried under the rules provided for in Article 2. 2 of the Act of 20 June 1992. of entitlement to reduced journeys by public collective transport (Dz. U. 2012 r. items 1138, with late. zm.).
2a. The driver of category M2 and M3, referred to in Annex No. 2 to the Act, equipped with safety-belts, shall be obliged to inform the persons carried by the vehicle of the obligation to use those lanes when driving, unless they have been the obligation to notify:
(1) by a person in the vehicle who is in charge of the group, or
2) by means of an audio-visual device, or
(3) by means of a mark which is affixed in a visible manner to each seating position conforming to the model laid down in the Annex to the Council Directive of 16 December 1991. relating to the compulsory use of safety belts and child restraint systems in vehicles (91/671/EEC) (Dz. Urz. EC L 373, 31.12.1991, p. 26, z późn. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 7, t. 1, str. 353, z późn. zm.), hereinafter referred to as 'Directive 91 /671/EEC'.
3. In a vehicle of category M1, N1, N2 and N3 referred to in Annex No 2 to the Act, equipped with safety-belts or child restraints, the child having less than 150 cm of height shall be transported, except in the case referred to in the in paragraph 3b, in a child safety seat or other child restraint system, in accordance with:
1) the mass and growth of the child; and
2. the relevant technical conditions as defined in the provisions of the European Union or in the UNECE regulations concerning child restraint systems in the vehicle.
3a. Safety seats for the child and other child restraint systems shall be fitted to the vehicle, in accordance with the device manufacturer's recommendations, indicating how the device can be safely used.
3b. It is permitted to carry on a vehicle of categories M1, N1, N2 and N3 referred to in Annex No 2 to the Act, in the rear seat of the vehicle, a child of at least 135 cm in height of the safety-belt restraining order in cases where due to the mass and growth of the child, it is not possible to provide a safety seat for the child or any other child restraint system in accordance with the conditions referred to in paragraph 1. 3.
3c. It is permitted to carry on a vehicle of category M1 and N1 as referred to in Annex No 2 to the Act, in the rear seat of the vehicle, the third child aged at least 3 years, restraining the safety-belt, where the two the children are transported in child safety seats or other child restraints installed in the rear seat of the vehicle and no third child safety seat can be installed, or another child restraint system.
4. Paragraph Recipe 3 does not concern the carriage of a child
1) taxi;
2) a specialist sanitary means of transport referred to in art. 36 ust. 2 of the Act of 8 September 2006. o State Medical Rescue Agency (Dz. U. of 2013 r. items 757, with late. zm.);
3) a vehicle of the Police, Border Guard or municipal guard (city);
4) having a medical certificate of contraindication to be carried in the safety seat for the child or other child restraint.
5. The medical certificates referred to in paragraph 1. 2 points 1 and paragraph 2 The following shall be included in point 4:
1. first name and surname;
2) the standard number of the Universal Electronic System of Records (PESEL), and in the case of a person without the PESEL number-the series, the number and name of the document confirming the identity and the name of the country which issued the document;
(3) the period of validity;
(4) a graphic symbol in accordance with the specimen set out in Article 5 of Directive 91 /671/EEC.
6. The Minister of Health shall, in agreement with the Minister responsible for transport, determine, by means of a regulation, the models of medical certificates referred to in paragraph 1. 2 points 1 and paragraph 2 Article 4 (4), in accordance with the provisions of the European Union, concerning the compulsory use of safety belts and child restraint systems in vehicles and bearing in mind the need to harmonise the documents in use.
Article 40. [ Protective helmet] 1. The driver of a motorbike, a four-wheel drive or a moped and a person carrying such vehicles shall be obliged to use protective helmets corresponding to the relevant technical conditions during the driving.
2. The provision of the paragraph. 1 shall not apply to motorcycles of the factory equipped with safety-belts.
3. The provision of the paragraph. 1 shall not apply to the four-wheel factory fitted with closed body and seat belts.
Article 41. [ Retro-reflective elements] The person performing the works or other activities on the road shall be obliged to use in a manner that is visible to other participants in the movement of retro-reflectors corresponding to the appropriate technical conditions.
Article 42. [ Niewihomes] The blind when moving along the road is required to carry the white cane in a way that is visible to other participants in the movement.
Article 43. [ Kids on the Road] 1. A child up to 7 years of age can use the road only under the care of a person who has reached the age of at least 10 years. This does not apply to the residence zone.
2. (repealed).
3. Paragraph Recipe 1 does not apply to pedestrians exclusively.
Article 44. [ Road accident] 1. The driver in the event of a road accident shall be obliged to:
1) stop the vehicle without causing danger of road safety;
2) take appropriate measures to ensure the safety of movement at the place of the accident;
3) immediately remove the vehicle from the place of the accident, so that it does not cause any danger or tampering of the traffic, if not killed or injured;
4. provide their personal data, the personal data of the owner or the holder of the vehicle and the data relating to the insurance undertaking with which the contract of compulsory insurance of civil liability is concluded, at the request of the person involved in the accident.
2. If in an accident is killed or injured, the driver of the vehicle shall also be obliged:
1) provide the necessary assistance to the victims of the accident and call on the medical rescue team and the Police;
2) do not undertake activities which could make it difficult to determine the course of the accident;
3) remain at the scene of the accident, and if the call of the medical rescue team or the Police requires remoteness-immediately return to this place.
3. The provisions of the paragraph. 1 and 2 shall apply mutatis mutandis to the other persons involved in the accident.
Article 45. [ Ordinal prohibitions] 1. It is forbidden to:
1. driving, driving a column of pedestrians, driving on top of or brushing the animals to a person in a state of non-slaughterhouse, in the state after the use of alcohol or of a measure similar to the alcohol;
2) the towing of the vehicle operated by the person referred to in point 1;
3) opening the door of the vehicle, leaving the door open or disembarking without making sure that it does not cause a danger of traffic safety or its impedimation;
4) the use of the road or individual parts of it in a manner that is not intended, unless the specific provisions provide otherwise;
5) entering the belt between the jezDays;
6. leaving objects which could endanger the safety of traffic; however, if it is not possible to remove them, they shall be marked visibly in the day and at night;
7. affixing on the road or near to devices sending or reflecting light in a manner which causes blinding or misleading participants in traffic;
8) the arbitrary placement or incorporation or removal or exclusion of traffic signs and signals, and warning-or protective devices on the road, as well as changes in their position or their obscultation;
9) intimidation or pollution of the road;
10) arbitrary placement in the way of any signs, inscriptions or symbols.
2. The driver of the vehicle shall be prohibited:
1) use when driving from the phone requiring holding of the headphone or microphone in hand;
2) the transport of the person referred to in paragraph. 1 point 1, on a bicycle or moped or motorbike, unless it is carried in a bogus trolley;
3) the carriage of a passenger in a manner contrary to art. 39, 40 or 63 par. 1;
4. transport in a child safety seat or other child restraint system with a backseat facing the front seat of a motor vehicle equipped with an airbag for the passenger which is active during the carriage of the child;
5. carrying a child under 3 years of age in a vehicle of categories M1, N1, N2 and N3 referred to in Annex No 2 to the Act, not equipped with safety belts and safety seats for the child or in safety belts and other equipment child restraints;
6. carrying on the front seat of a vehicle, in addition to a safety seat for a child or another child restraint system, a child of less than 150 cm tall.
Division 2
Stop and stop
Article 46. [ Detention and stop of the vehicle] 1. The detention and stop of the vehicle shall be permitted only in the place and in the conditions in which it is of sufficient distance visible to other directing and does not cause danger of road safety or its impedimation.
2. The driver of the vehicle, stopping the vehicle on the carriageway, shall be obliged to set it as close to the edge of the vehicle and parallel to it.
3. During a stop on the road outside the built-up area, the vehicle should be located, if possible, outside the road.
4. The driver of the vehicle is obliged to use the method of stopping or parking indicated by road signs.
5. The driver shall be obliged to secure the vehicle while the vehicle is stationary before being able to run it by a person not appointed and to keep the other precautions necessary to avoid the accident.
Article 47. [ Stop or stop on the sidewalk] 1. The stopping or the stop on the sidewalk of the wheels of one side or of the front axle of a motor vehicle with a maximum permissible mass not exceeding 2,5 tonnes shall be allowed, provided that:
1) no stop or stop is prohibited on a given section of the roadway;
2) the width of the sidewalk left for pedestrians is such that it does not make it difficult for them to move and is not less than 1,5 m;
3) the vehicle placed front axle on the sidewalk does not tama the traffic of vehicles on the roadway.
2. It shall be allowed, subject to the conditions laid down in the paragraph. 1 point 2, stop or stop on the sidewalk at the edge of the carriageway of the whole passenger car, motorbike, moped, bike or bike trolley. Another vehicle with a maximum permissible mass not exceeding 2,5 tonnes may be fully placed on the sidewalk only at the place designated by the corresponding road signs.
Art. 47a. [ Detention of the vehicle in the tunnel] The vehicle in the tunnel, during a stop resulting from the conditions or regulations of the road, shall be required to keep the distance from the preceding vehicle of not less than 5 m.
Article 48. (repealed).
Article 49. [ Prohibition of stopping or parking of a vehicle] 1. The stopping of the vehicle shall be prohibited:
1) at the railway crossing, at the tram stop, at the intersection and at a distance of less than 10 m from the crossing or the crossing;
2. on a pedestrian crossing, on the crossing for cyclists and at a distance of less than 10 m before that passage or passing; on a two-way road with two lanes of traffic, this prohibition shall also apply for that passage or departure;
3) in the tunnel, on the bridge or on the viaduct;
4) on the carriageway along the continuous line and near its extremities, if it would force others directing the multitracted vehicles to invade that line;
5) on the roadway next to the intermittent line designating the edge of the carriageway and on the roadway and on the side of the road next to the continuous line marking the edge of the roadway
6) at a distance of less than 10 m from the front side of the sign or the road signal, if they would be obstructed by the vehicle;
7) on the carriageway on its left edge, except to stop or stop the vehicle in the area built on a one-way road or on a two-way carriageway with a small motion;
8) on the belt between the jezers;
9) at a distance of less than 15 m from the post or the plaque marking the stop, and at the stop with the bay-on its whole length;
10) at a distance of less than 15 m from the points of the extremities of the islets, if the other side of the right side of the islets has only one lane;
11) on the road for bicycles, lane traffic for bikes and in a bicycle lock, with the exception of a bike.
2. Parking is prohibited:
1) at the place of obstruction of entry or departure, in particular to and from the gate, garage, parking lot or parking bays;
2) in a place obstructing access to another properly parked vehicle or the departure of that vehicle;
3) before and after the railway crossing, on both sides of the road, on the section from the crossing of the railway to the indicator bar with one bar;
4) in the zone of residence in a different place than the one designated for that purpose;
5. in a built-up area, a vehicle or a combination of vehicles with a maximum permissible weight of more than 16 tonnes or more than 12 metres in length, other than those designated for that purpose.
3. The stop or stop of the vehicle on the motorway or expressway in a place other than the one designated for that purpose shall be prohibited. If the immobilization of the vehicle is due to technical reasons, the driving vehicle shall be removed from the road vehicle and shall warn other participants in the movement.
4. The ban on the detention or stop of the vehicle shall not concern the immobilisation of the vehicle resulting from the conditions or regulations of the road traffic.
Article 50. [ Signing of a stop] 1. The driver of the vehicle shall be obliged to signal the stature of the motor vehicle or trailer due to damage or accident:
1) on the motorway or expressway-in any case;
2. on other hard roads:
(a) outside the built-up area, in the event of a traffic stop at the place where it is prohibited, and on the side of the road, if the vehicle is not visible from a sufficient distance,
(b) in a built-up area, in the event of a traffic stop at the place where the detention is prohibited.
2. The vehicle stasis referred to in paragraph 2. 1, the following shall be indicated as follows:
1) on the highway or expressway-by:
(a) the incorporation of emergency lamps of the vehicle and, if the vehicle is not equipped, the position lamps shall be included,
(b) the affixing of a warning triangular triangle at a distance of 100 m behind the vehicle; this triangle shall be placed on the road or side of the road, as appropriate, to the place of immobilization of the vehicle;
2. on other roads:
(a) outside the built-up area, by placing at a distance of 30 to 50 m behind the warning vehicle of the retro-reflective triangle and the activation of emergency lamps; in the event that the vehicle is not equipped with emergency lighting, position lamps shall be included,
(b) in a built-up area, by including emergency lamps, and if the vehicle is not equipped, the position lamps shall be switched on and the warning triangular triangle behind the vehicle or on it at a height of not more than 1 m shall be included.
3. The signaling referred to in paragraph. 1 and 2, shall be valid throughout the vehicle's parking time.
Article 50a. [ Removing vehicles] 1. A vehicle left without a license plate or a vehicle whose condition indicates that it is not being used may be removed from the road by a municipal guard or a police officer at the expense of the owner or holder.
2. A vehicle removed in accordance with the mode specified in paragraph. 1, not to be called upon to call the municipality by a entitled person within 6 months from the day of removal, shall be deemed to have been abandoned with the intention of liberating himself. This vehicle is transferred to the property of the municipality under the Act.
3. The provision of the paragraph. 2 shall not apply where the non-receipt of the vehicle is due to reasons beyond the control of the person responsible.
4. Paragraph Recipe 2 shall apply mutatis mutandis where, within six months of the date of removal of the vehicle, the person entitled to receive it has not been established.
5. The Minister responsible for internal affairs, guided by the principle of respect for the right of property and the need to ensure order on public roads, will determine, by means of a regulation:
1) the detailed mode and the units and conditions of their interaction with regard to the removal of vehicles without registration plates or whose condition indicates that they are not being used;
2) the mode of handling the takeover of the vehicle on the property of the municipality.
Division 3
Use of external lamps
Article 51. [ passing lamps] 1. The driver of the vehicle shall use the dipped-beam during driving under normal air transparency.
2. During the period from dawn to dusk under normal conditions of air transparency, instead of a passing beam, the driving beam may use daytime running lamps.
3. In the period from dusk to dawn, on unlit roads, instead of passing beam headlamps or including them, the driving beam may use the driving beam, if not blinds by other directing or pedestrians moving in the column. The driver shall switch to the dipped-beam headlamps in the event of an approach, using the driving beam, using the driving beam:
1) a vehicle coming from the opponent, with one of the driving directions turned off the driving beam-the other is obliged to do the same;
2) to the vehicle prior to, if the driver may be blinded;
3. rail or water-communication vehicles, if they move at such a distance, that there is a possibility of blindness driving these vehicles.
4. (repealed).
5. On a ring road, marked with the corresponding road signs, the driving vehicle may use front fog lamps from dusk to dawn, also in normal air transparency conditions.
6. The provisions of the paragraph. 1-3 does not apply to a driving vehicle which is not equipped with a passing beam, a driving beam or a daytime running lamp. The driving beam shall be used during the period from dusk to dawn or in a tunnel to use the lamps which are mandatory for the vehicle.
7. The provisions of the paragraph. 1-5 shall apply mutatis mutandis when the vehicle is stopped, resulting from the conditions or regulations of the road. If the stop is more than 1 minute, the vehicle's external lamps may be turned off, if any other vehicles are in the same lane of traffic, before and after the vehicle.
Article 52. [ Positional lamps] 1. The driver of the motor or rail vehicle, under conditions of insufficient visibility, during a stop not resulting from traffic conditions or traffic regulations and at standstill, shall use the front position lamps and rear or parking lamps. In a vehicle not fitted with a trailer and in a combination of vehicles of a length not exceeding 6 m, it is permissible to include parking lamps only on the side of the centre of the carriageway.
2. During a stop or a standstill, in a place illuminated to the extent that provides visibility to the vehicle or located outside the intestine and the side of the road, all the lights of the vehicle may be switched off. This provision shall not apply to the rail vehicle and to the vehicle on which the device or load is located, protruding outside the vehicle and requiring the marking of a separate lamp.
3. Light illuminating objects (reel) can only be turned on during stop or stop, provided that they do not blind other participants in the movement. This restriction does not apply to a privileged vehicle.
Division 4
Conditions for use of vehicles in road traffic
Article 53. [ Privileged vehicle] 1. A privileged departure in road traffic may be a car vehicle:
1) fire protection units;
2) a medical rescue team;
3. Police;
4. chemical rescue units;
5. Border Guard;
(6) the Internal Security Agency;
7. The Intelligence Agency;
7a) Central Anti-Corruption Bureau;
7b) Military Contrintelligence Service;
7c) Military Intelligence Service;
8) The Armed Forces of the Republic of Poland;
9. Prison Service;
10) the Office of Government Protection;
10a) treasury control;
10b) Customs Service;
10c) municipal guards (urban);
10d) entities entitled to carry out tasks in the field of mountain rescue;
10e) Service of the National Park;
10f) entities entitled to carry out tasks in the field of water rescue;
(11) Inspectorate Of Road Transport;
12) a unit not mentioned in points 1 to 11, if it is used in connection with the saving of life or human health-on the basis of the consent of the minister competent for internal affairs.
1a. The Minister responsible for internal affairs shall determine the expiry of the authorisation referred to in paragraph 1. 1 point 12, where the circumstances justifying the use of the vehicle as a privileged vehicle are established.
2. The driver of a privileged vehicle may, subject to special care, not comply with the provisions on vehicle traffic, stopping and stationary, and to signs and signals only if:
1) participates:
(a) in shares relating to the rescue of life, human health or property, or the need to ensure security or public order, or
(b) in the reunion of a column of privileged vehicles,
(c) in the performance of tasks directly linked to the security of persons occupying a state position who, under separate provisions, is entitled to protection;
2. the vehicle shall simultaneously send light and audible signals; when the vehicle is stopped, the audible signal shall not be required;
3. in the vehicle the driving or passing-beam headlamps shall be included.
3. The driver of a privileged vehicle shall be obliged to comply with the instructions and signals given by the persons directing the traffic or authorized to control it.
4. The Minister responsible for internal affairs, taking into account in particular the need to ensure the order, efficiency and safety of traffic, will determine, by way of regulation, the circumstances in which the privileged vehicles are used in the Columns.
Article 54. [ Vehicle carrying out works on the road] 1. A vehicle carrying out an ordinal, refurbishing or refurbishing work should send yellow flashes.
2. The driver of the vehicle referred to in paragraph 2. 1, may, subject to special care, do not comply with the provisions of the driving obligation on the carriageway or on its right edge, and of the detention and stationary, with the following:
1) on a one-way carriageway and outside the built-up area, when cleaning the road from the snow, it is also allowed to drive on the left edge of the road;
2. driving on the sidewalk is permitted only with the safety of pedestrians.
2a. The driver of the vehicle referred to in paragraph 2. 1, may use a motorway or expressway even when the vehicle is not a car vehicle or its design makes it impossible to develop a speed of at least 40 km/h.
3. The vehicle, which due to the construction, cargo or unusual behaviour on the road may endanger road safety, should send yellow flashes.
4. It is forbidden, subject to art. 31 par. 1 point 5, the use of yellow flashes for purposes other than those referred to in paragraph 1. 1 and 3.
Article 55. [ Vehicle for driving lessons] 1. Vehicle for driving instruction or conducting a state examination shall be marked with a square tablet of blue colour with the white letter "L", placed on the vehicle. Under the conditions of insufficient visibility, the board on the vehicle, excluding the board on the motorcycle, shall be illuminated. The array, which is marked with a motorcycle, should be made of retro-reflective material.
2. When driving a vehicle for the instruction of driving by a person other than the applicant for the right to drive the vehicle an array referred to in the paragraph. 1, should be obscured or complex.
3. The driver of the vehicle, passing by the vehicle referred to in paragraph. 1, or by driving behind it, is required to take special care.
Article 56. (repealed).
Article 57. [ Carriage of children and young people] 1. A vehicle carrying an organized group of children or young people up to 18 years of age shall be marked on the front and back of the square plates of the yellow colour with the symbol of the children of the black colour. Under conditions of insufficient visibility, the plates should be illuminated, unless they are made of retro-reflective material. The driver shall be able to turn on emergency lights when entering or disembarking children or adolescents.
2. The driver of the vehicle, bypassing the vehicle referred to in paragraph. 1, is required at the time of embarking or disembarking of children or young people with special care and if necessary stop.
3. The marking of the vehicle, referred to in paragraph, shall be prohibited. 1, at a time when children or adolescents are not transported.
Article 57a. [ School Bus] 1. The driver of the school bus during the boarding or disembarkation of the children is obliged to include emergency lights.
2. The driver of the vehicle, passing by the school bus, is obliged to take special care.
3. If the school bus carries other persons or does not carry any persons, the boards with the inscription "school bus" should be taken down, obscurate or complex.
Article 58. [ Carriage of disabled persons] 1. A vehicle designed for the carriage of persons with disabilities shall be marked in the front and in the back of the square plates of blue colour with the international symbol of the white wheelchair. These plates shall be made of retro-reflective material. The driver shall be required to include emergency lights when embarking or disembarking a disabled person.
2. The driver of the vehicle, bypassing the vehicle referred to in paragraph. 1, shall be required at the time of embarking or disembarking the disabled person with particular caution and, if necessary, stop.
Article 59. [ International traffic] 1. A vehicle registered in the Republic of Poland to be used in international traffic should be marked with a letter with the letters "PL".
2. A vehicle registered abroad participating in the movement within the territory of the Republic of Poland should be marked with the sign determining the country in which it is registered.
3. The obligation referred to in paragraph. 1 and 2, shall be deemed to be satisfied if the registration plate is affixed to indicate the country in which the vehicle is registered.
Article 60. [ prohibitions for driving vehicles] 1. It is forbidden to:
1) use of the vehicle in such a way as to endanger the safety of the person on the vehicle or outside the vehicle;
2) covering the lights and signaling devices, registration plates or other required plates or signs which should be visible;
3) the decorating of license plates and the affixing of signs, inscriptions or objects in the front or back of a vehicle which limit the legibility of these tables;
4) affixing to the vehicle a sign specifying a country other than the one in which the vehicle was registered.
2. It shall be forbidden to the following:
1) distance itself from the vehicle when the engine is in motion;
2) use of the vehicle in a way that causes the nuisance associated with the excess emissions of the exhaust into the environment or excessive noise;
(3) leave the engine running at a stop in the built-up area; this does not apply to the vehicle performing the road operation;
4) pulling on a vehicle of a person on skis, sleeves, roller skates or other similar device;
5) the use of tyres with their fixed non-slip elements.
3. The use of skid chains on tyres is allowed only on the road covered with snow.
4. The forbidding referred to in paragraph. Article 2 (5) does not apply to:
1) motor vehicles taking part in winter and winter racing, with the agreement of the road manager, expressed in accordance with the procedure laid down in art. 65a ust. 3 point 7a;
(2) bicycles.
Article 61. [ Carriage of cargo] 1. The load shall not cause the permissible laden mass or the permissible payload of the vehicle to exceed the maximum permissible weight.
2. The load on the vehicle shall be placed in such a way as to:
(1) not cause the vehicle's permissible axle loads to be exceeded on the road;
2) does not violate the stability of the vehicle;
3. not obstructed driving;
4) has not limited the visibility of the road or did not cover the lights, signalling devices, registration plates or other plates or the signs the vehicle is equipped with.
3. The load placed on the vehicle shall be protected against alteration of the position or the induction of excessive noise. It must not have a disgusting appearance or secrete a disgusting woni.
4. Devices for securing the load shall be protected against loosening, free hanging or falling while driving.
5. The cargo of the sypki can be placed only in a sealed load box, secured in addition to suitable curtains preventing the cargo from sucking on the road.
6. A cargo protruding outside the plane of a vehicle's contour may be placed on it only under the following conditions:
1. the protrusion of the vehicle outside the side of the side plane of the vehicle may be placed only in such a way that the overall width of the vehicle with the load does not exceed 2,55 m, and at a vehicle width of 2,55 m does not exceed 3 m, however, provided that the placement of the load so that, on the one hand, it does not display at a distance greater than 23 cm;
2) the load shall not protrusion from the rear of the vehicle at a distance greater than 2 m from the rear of the vehicle's obstruction or the combination of vehicles; in the case of a kłonic trailer, this distance shall be counted from the axis of the trailer;
3. the load shall not be protruding from the front of the vehicle at a distance greater than 0,5 m from the front of the rib and more than 1,5 m from the seat for the steering.
7. For the carriage of long timber it is permissible to issue the load at the rear behind the caravan for a distance of not more than 5 m.
8. A cargo protruding outside the front or side of the plane of the vehicle's contour shall be marked. This shall also apply to the protruding charge beyond the rear surface of the vehicle's contour at a distance greater than 0,5 m.
9. The following cargo marking shall be established:
1. the forward load of the vehicle shall be marked with an orange colour or two white and two red stripes so that it is visible from the sides and at the front of the vehicle and, during the period of insufficient visibility, in addition to the white lamp placed on the front of the vehicle at the most protruding part of the load;
2. the protrusion of the vehicle on the side of the vehicle shall be marked with an orange colour of at least 50 x 50 cm, placed at the most protruding edge of the load and, in the period of insufficient visibility, the white retro-reflector forward and with a red light and a red retro-reflector; these lamps shall not be more than 40 cm from the most protruding edge of the load; if the length of the protrusion from the side of the load, measured along the vehicle, exceeds 3 m, it is a flag and light shall be placed in the front and rear parts of the load, respectively;
(3) the vehicle at the rear of the vehicle shall be marked with white and red straps placed directly on the load or on the disc at its rear plane or at the end of the load of the geometric brile (e.g. cone, horse mackerel); the rear view of the total surface of the belts shall be at least 1000 cm 2 , with no less than two lanes of each colour; in addition, red light and red retro-reflectors shall be placed at the rearmost edge of the load during the period of insufficient visibility on the rearmost edge of the load; in the case of long timber Instead of marking white and red straps, marking of the end of cargo with a flag or a shield of orange colour shall be permitted;
4. the load from the rear of a passenger car or trailer towed by a passenger car may be marked with a red colour rig with dimensions of at least 50 x 50 cm, placed at the most protruding edge of the load.
10. The height of the vehicle with the load shall not exceed 4 m.
11. (repealed).
12. (repealed).
13. (repealed).
14. (repealed).
15. When carrying the wood, its actual mass shall be determined as the product of the volume of the cargo and the normative density fixed for the wood species.
(16) The Minister for Environment and the Minister responsible for the economy, in agreement with the Minister responsible for transport, shall determine, by regulation, the density of wood, taking into account, in particular, the wood species that apply in the industry and construction, its nature and the form in which it is carried, bearing in mind the need to determine the weight of the wood to be transported in order to avoid exceeding the pressure of the axles of vehicles and to limit the negative impact on the technical condition of the roads.
(17) The Minister responsible for transport may determine, by regulation, the method of transport of the cargo, having regard to the manner in which it is to be deployed and the effect of securing the cargo on the vehicle and to ensure road safety and protection. environment.
Article 62. [ Actual total mass of the trailer] 1. Actual total weight of the trailer towed by:
1. a passenger car, a truck with a maximum permissible weight not exceeding 3,5 t or a bus, must not exceed the actual mass of the total towing vehicle;
2. a lorry with a maximum permissible weight of more than 3,5 t, shall not exceed the actual weight of the total vehicle plus 40%;
3) motorbike or moped-must not exceed the weight of one's own motorcycle or moped, however, it must not exceed 100 kg.
2. Paragraph Recipe 1 does not apply to semi-trailers.
3. The provisions of the paragraph. 1 and 2 do not apply to vehicles of the Armed Forces of the Republic of Poland, the Police, the Border Guard and the fire protection units.
4. The combination of vehicles may consist of a maximum of 3 vehicles and a unit drawn by a motor vehicle other than a agricultural tractor or a free-running vehicle-of 2 vehicles.
4a. The length of the assembly of 2 vehicles shall not exceed 18,75 m and 3 vehicles-22 m, with the exception of the combination of vehicles consisting of:
1) a motor vehicle and a semi-trailer, the length of which shall not exceed 16,5 m;
2) motorbike and trailer, moped and trailer, bike and trailer, bike trolley and trailer, the length of which can not exceed 4 m.
4b. A vehicle combination of vehicles with a number of vehicles greater than that specified in paragraph. 4 or of a length greater than that specified in the paragraph. 4a requires the authorisation referred to in Article 4. 64d.
5. Length of vehicle combinations as defined in paragraph 5. 4a do not apply to trams.
Article 63. [ Carriage of persons] 1. The carriage of persons may take place only in the vehicle for this purpose or adapted. The number of persons carried may not exceed the number of seats specified in the registration command, subject to paragraph. 4. In a vehicle which is not subject to registration, the number of persons transported shall be due to the construction of the vehicle.
2. The carriage of passengers by lorry outside the driver's cab shall be allowed, provided that:
1) the vehicle conforms to the required technical conditions for the carriage of persons;
2. persons shall not be located between the load and the driver's cab;
3) persons are carried in the seating positions;
4. the vehicle shall not exceed 50 km/h.
3. The carriage of persons in the trailer is prohibited, except that carriage:
1) children to schools or kindergartens and back in the trailer adapted for the carriage of persons, dragged by the agricultural tractor;
2. convots, working teams and persons performing cargo operations in a trailer towed by an agricultural tractor provided that:
(a) the number of persons carried does not exceed 5,
(b) the stators hold the handles,
(c) persons are not between the load and the front wall of the trailer,
(d) the vehicle assembly speed does not exceed 20 km/h;
3) persons in the trailer (trailers) of the tourist queue provided that those persons are transported exclusively in the seated;
4) children in a trailer adapted for the carriage of persons, dragged by a bicycle or a bicycle trolley.
4. The provisions of the paragraph. 1-3 shall not apply to the carriage of vehicles of the Armed Forces of the Republic of Poland, the Police, the Border Guard, the Prison Service and the fire protection units.
5. The driver of a motor vehicle that carries a person shall be prohibited from smoking or consuming food during the ride. This does not apply to a driving lorry which carries a person in the driver's cab and driving a passenger car, except in the case of a taxi.
6. The Minister of National Defence will determine, by way of regulation, the conditions for the carriage of persons in vehicles of the Armed Forces of the Republic of Poland, bearing in mind the safety of the transported persons.
7. The Minister of Internal Affairs and the Minister of Justice shall determine, by way of regulation, the conditions for the carriage of persons in the Police, Border Guard, Prison Service and fire protection units with a view to safety. transported persons.
Article 64. [ Permit to be sent] 1. The movement of a non-performing vehicle shall be allowed provided:
1) obtain a permit for the passage of a vehicle of an unorthativity of the appropriate category, issued, by administrative decision, by the competent authority, and in the case of a non-performing vehicle belonging to the Armed Forces of the Republic of Poland under a condition for obtaining a military permit for road passage issued by a competent military authority;
2. compliance with the conditions of transit specified in the permit referred to in point 1;
3. piloting of a non-pilot vehicle by a pilot, where the vehicle exceeds at least one of the following:
(a) length-23 m,
(b) width-3,2 m,
(c) height-4,5 m,
(d) actual total weight-60 t;
4) the exercise of special care by the driver of the non-orthopaic vehicle.
2. The carriage of non-maternal loads other than an indivisible load shall be prohibited, with the exception of vehicles which are non-orthopaths eligible for mobility under category I or category II authorisations.
3. The dimensions, mass, pressure of the axis of vehicles of non-orthopaths entitled to move on the basis of permits of category I-VII and the roads, after which these vehicles can move, are specified in the table constituting Annex No. 1 to the Act.
4. The driver of an unorthopausal vehicle shall be obliged to carry on and show the authorised persons referred to in paragraph 4. 1 point 1, or an extract from the authorisation in the case of a category I permit.
5. The issuing authority of a non-performing vehicle shall keep a register of authorisations issued. The following data shall be included in the register:
1. the authorisation number;
2. date of issue of the permit;
3. the category of authorisation;
4) the entity for which the permit was issued;
5) the vehicle or combination of vehicles, if they are specified in the permit.
Article 64a. [ Permit Category I] 1. A permit of category I for a non-life vehicle shall be issued for the purpose of commuting to and from indicated in the permit of the place and entitles to traffic on the way indicated in the permit.
2. A permit shall be issued at the request of the entity concerned. The application shall be accompanied by proof of payment of the licence fee.
3. A permit shall be issued by the administrator of the road to the road at which the traffic is to be carried out. The authorisation shall be issued, after payment of the fee, within 7 working days from the date of submission of the application for its issue.
4. By issuing the permit, the road manager shall also issue his extract or extracts in the number corresponding to the number of motor vehicles specified in the application for authorisation.
5. The permit shall be issued to the entity indicated in the application for authorization, for the period indicated in the application period: month, 6 months or 12 months, without indicating the vehicles to be carried out.
6. The payment for the issue of an authorisation shall be determined in the amount constituting the product of the number of discharges and the corresponding rate of the licence fee in that category.
Article 64b. [ Authorisation of category II] 1. A category II permit shall be issued for the use of a non-maternal, non-agricultural vehicle, agricultural tractor or combination of vehicles consisting of a free-running vehicle or a tractor or a special trailer.
2. The permit shall be issued at the request of the operator of the toll. The application shall be accompanied by proof of payment of the licence fee.
3. The permit shall be issued by the starosta competent for the applicant's seat or the place of departure of the journey. The authorisation shall be issued after payment of the fee, within 3 working days from the date of submission of the application for its issue.
4. The permit shall be issued for a period of 12 months, indicating in it:
1. the operator of the journey;
2) the vehicle to which the toll will be executed.
5. To the movement of the unorthopausal vehicle referred to in paragraph. 1, the provision of Article 1 shall not apply. 64 par. 1 point 3.
Article 64c. [ Permits of categories III-VI] 1. Permits of category III-VI to the passage of a non-performing vehicle shall be issued for the indicated period of the application period: month, 6 months, 12 months or 24 months.
2. A permit shall be issued at the request of the entity concerned. The application shall be accompanied by proof of payment of the licence fee.
3. The permit shall issue:
1. due to the applicant's seat or the place where the old age is commenced, as far as Category III permits are concerned;
2) General Director of National Roads and Motorways-as regards authorisations of category IV-VI.
4. The permits of category III and IV at the entry into the territory of the Republic of Poland shall also be issued by the head of the customs office.
5. A permit of category IV entitles to the movement of vehicles and roads, as defined for the permit of category III.
6. Authorisation of category VI entitles to the movement of vehicles and roads, as defined for the category V permit.
7. The permit shall be issued after payment of the fee, within 3 working days from the day of submission of the application for its release. If an authorisation is not issued, the fee paid shall be refunded.
8. The permit shall be issued to the operator without indicating the vehicle to which the journey is to be carried out. For the authorisation of category VI, the issuing authority shall attach a list of national roads which may be followed by a non-oral vehicle.
9. The holder of a category V and VI permit, the planning execution of the crossing of a bridge or a viaduct on roads other than a national vehicle, the actual total mass of which is greater than the permissible duty, shall be notified in writing. appropriate for that bridge or overpass of the road manager with the deadline and route of the planned journey, within 7 working days before the scheduled journey date, with 7. the date of the deadline is the final date of the notification to the Authority
10. The road manager in the case referred to in paragraph. 9, at the latest 3 days before the date of the planned journey, confirms the receipt of the notice and may determine the conditions of the crossing over a bridge or a viaduct or report a reasoned objection.
11. The conditions of the transit of the non-performing vehicle by the bridge or the viaduct shall be determined by the road manager, specifying, depending on the needs, limitations of the traffic, the way of passing and the adaptation of the object to the journey.
12. The road manager may raise the objection referred to in the paragraph. 10 if the state of the technical efficiency of the bridge or of the overpass, after which the toll of the non-performing vehicle is planned, determined on the basis of the provisions of the construction law, prevents the execution of that passage.
13. The crossing of a bridge or a viaduct shall be prohibited in the event of a declaration of opposition or not according to the conditions of the passage through the object.
Article 64d. [ Authorisation of category VII] 1. A permit of category VII for the passage of a non-performing vehicle shall be issued for a single or multiple passage on public roads within a prescribed period of time, on the route designated in the permit. The permit shall be issued for the vehicle, the movement of which, due to its dimensions, mass or axle loads, is not possible on the basis of authorisations of category I-VI.
2. A permit may be issued on condition that:
1. the cargo is indivisible;
(2) the approval of the operator of the road which is appropriate for the route of journey has been obtained;
3. there are possibilities for determining the route of a journey ensuring the safety and efficiency of traffic, and in particular:
(a) the traffic volume allows the safe passage of the non-orthopasive vehicle,
(b) the technical status of the structures situated within the route of the journey under consideration, determined on the basis of the provisions of the Building Law, shall be able to pass through,
(c) the journey does not pose a threat to the technical condition of the construction sites located near the route of the journey.
3. A permit shall be issued at the request of the entity concerned. A licence fee shall be lodged before the authorisation is issued.
4. The permit shall issue, after agreement with other road managers and after payment of the fee, General Director of National Roads and Motorways, within 14 working days from the date of submission of the application, subject to the paragraph. 5. If the route of the non-performing vehicle passes within the administrative boundaries of the city on the rights of the district and does not follow the motorway or expressway, the permit shall be issued by the president of the city.
5. The road manager due to the category of road on which the journey is planned shall agree on the route of departure within 7 working days from the date of receipt of the written question of the authority issuing the permit, taking into account the conditions of transit and condition of the journey. technical road. In the absence of a reply to the request, the route shall be considered to be agreed.
6. If the passage of a non-performing vehicle requires the definition of a range of adaptation of the road infrastructure located on the route of the journey, the time limit for issuing the permit may be extended to 30 days, with that the authority issuing the permit shall be obliged to notify the applicant party within 7 days from the date of submission of the application.
7. The costs associated with the adaptation of the road sections to the transit of the non-performing vehicle shall be borne by the operator executing this passage.
8. To the costs referred to in paragraph. 7, shall include the cost of adapting the road infrastructure on the route of departure of the non-performing vehicle, of the supplies, services or works indicated in the non-maternal journey permit, including the costs of:
1) perform the necessary expert reports and tests of road sections and road engineering structures;
2) preparation of necessary design and cost documentation;
3) temporary removal of the restriction of the road gauge;
4) the execution of reinforcement of road sections and road engineering structures;
5) execution of safety works on the route of the journey of the vehicle;
6) make the geometric corrections of the route of the journey or occurring at its crossing point;
7) the construction or adaptation of local detours occurring on the route of the journey of the vehicle;
8) the execution of works connected with the restoration of road sections to the previous state or the state agreed with the appropriate management of the road;
9) make changes to the organization of the movement or restore its previous state or condition agreed with the appropriate steward of the road.
9. The permit shall be issued to the operator of a non-orthopaic vehicle, indicating:
1) validity of the permit;
2. the route of the journey;
3) number of journeys;
4) the vehicle to which the toll will be executed;
5. the conditions of the journey, including the scope of the adaptation of the road infrastructure on the route of the journey;
6) the method of piloting, if required.
10. Permit is valid for the period of:
1) 14 days-in the case of an authorisation for single passage,
2) 30 days-in case of an authorisation for multiple passage
-counted from the date indicated in the application for authorisation.
11. The payment for the issue of an authorisation shall be determined in accordance with the model:
On = pj + (n-1) × 0,7 × pj,
in which individual symbols indicate:
-On-the amount of the licence fee,
-n-the number of journeys of the non-maternal vehicle,
-the pj-the rate of the licence fee for the single use of the unorthopaely vehicle.
Art. 64e. [ Exemptions] 1. Rules of Art. 64 par. 1 (1) and (2) and (2) 2 and 3 and art. 64a-64d do not concern:
1) bus-in terms of axle loads;
2) a vehicle of which the width and length of the unladen are not greater than the permissible load carrying the cargo under the rules laid down in the art. 61 (1) 6, 8 and 9;
3) the vehicle taking part in the rescue operations and in the direct liquidation of the effects of natural disasters;
4) road board vehicle;
5) the Police Vehicle, Road Transport Inspection, Government Security Bureau, Internal Security Agency, Intelligence Agency, Central Anti-Corruption Bureau, Border Guard, Prison Service, Customs Service and fire protection units, carrying out the tasks of those services.
2. The Minister competent for transport may release, by administrative decision, from the obligation to obtain a vehicle's transit of a non-performing vehicle operating in the framework of humanitarian or medical assistance, subject to obtaining the passage of approval of the road managers appropriate to the route of the journey.
3. The exemption referred to in paragraph 1. 2, it shall be issued at the request of the interested party and the competent authority of the state, self-government or humanitarian organisation.
Article 64f. [ Maximum amount of tolls for a non-performing vehicle to be authorised] 1. The maximum amount of the toll rates for the issue of a non-performing vehicle permit shall be established in:
1) category I-240 zł;
2) category II-120 zł;
3) category III-2400 zł;
4) category IV-3600 zł;
5) category V-4300 zł;
6) category VI-5800 zł;
7. category VII for single use:
(a) a vehicle whose dimensions exceed those fixed for category III and IV, and whose axle loads and weight are not greater than the limit value of 600 PLN,
(b) in other cases-2000 PLN.
2. The maximum rates of the licence fee shall be changed annually for the following calendar year to the extent corresponding to the average annual price index of the consumer goods and services, announced by the President of the Chief Office of the General Office of the European Union Statistical in the Official Journal of the Republic of Poland "Monitor Polski".
3. The Minister responsible for transport shall determine, by way of regulation, the amount of the fees for the issue of an unsorted vehicle toll in the individual categories of permits, taking into account the period for which they will be issued, the costs of the issue the permit and the degree of impact of the journey of a non-performing vehicle into road infrastructure.
Article 64g. [ Forwarding of charges for the release of an unorthopaual vehicle.] 1. The fees for the issue of a non-performing vehicle permit shall be transferred by:
1. the manager of the road and the internship, to the budgets of the competent local government units, for the permits of category I-III;
2) the head of the customs office-to the budget of the district competent due to the seat of the head office of the customs office, for the permits of category III;
3) the head of the customs office and the General Director of the National Roads and Motorways-on the extracted bank account of the General Directorate for National Roads and Motorways, for the permits of category IV-VII;
4) the president of the city on the rights of the district-to the city budget, for the permits of category VII.
2. The funds from the fees collected in the extracted bank account of the General Directorate for National Roads and Motorways shall be transferred within the first 2 working days following the week of issue of the authorisation, to the account of the National Fund Road, intended for the construction or reconstruction of national roads, road engineering structures and ferry crossings, and for the purchase of vehicle weighing equipment.
3. Customs offices shall receive a commission from the collected fees for issuing a permit of 12% of the fee collected.
4. The commission referred to in the paragraph. 3, constitutes the revenue of the State budget.
(5) From the authorization fees, the customs offices shall count the commission and the remainder of the fee shall, within four days of the expiry of each of the following 10 days of the month, communicate respectively to the entities mentioned in paragraph 1. 1 points 2 and 3.
Art. 64h. [ Select Manufacturer of Permit Blings] The Minister responsible for transport shall select the manufacturer of the counter-offs of the non-material vehicle.
Article 64i. [ Delegation] 1. The Minister responsible for transport shall determine, by means of a regulation:
1) conditions for the distribution of the counter-offs of the unorthopaths vehicle toll,
(2) the manner and mode of authorisation of the non-mortasive vehicle,
3) conditions for the designation of the route of the journey and the criteria for determining the conditions of the transit of the non-performing vehicle, including the transit through a bridge or a viaduct,
4) specimen permits for the passage of a non-material vehicle and model documents related to the issuance of these permits
-having regard to the need to harmonise authorisations and to facilitate their identification and the efficiency of the distribution of the authorisation, and the need to ensure the efficiency and transparency of the administrative authorisation procedure and the safety of the authorisations and safety of the products concerned. the road infrastructure and the safety of the departure of the unorthopaic vehicle.
2. The Minister responsible for transport in agreement with the Minister responsible for internal affairs shall determine, by means of a regulation, the detailed conditions and means of piloting non-technical vehicles and the equipment and marking of the vehicles performing the piloting, bearing in mind the need to ensure that the passage of the non-performing vehicle and the safety of road traffic during such a journey are recognisable.
3. The Minister of the Interior and the Minister of Justice in consultation with the Minister responsible for transport shall determine, by means of a regulation, the conditions for navigating the roads of non-performing vehicles referred to in art. Paragraph 64e. 1 point 5, bearing in mind the need to ensure the order, efficiency and safety of road traffic.
4. The Minister of National Defence will determine, by way of regulation:
1) military authorities competent to issue military permits for road overdrive,
2) the manner and mode of issuing military permits for road overdrive,
3) models of military permits for road overdrive and model documents related to their release,
4) the way of organizing and marking the columns of vehicles,
5) conditions and means of piloting the vehicles of the Armed Forces of the Republic of Poland and marking and equipping the pilot vehicle
-having regard to the need to harmonise the procedure for the issuing of military permits for the road crossing, the efficiency of the issuance of military permits for road tolls and the safety of road traffic during the journey of the Armed Forces vehicles The Republic of Poland.
Division 5
Use of roads in a special way
Article 65. [ Permit for events on the road] Sports competitions, rallies, racing, passenger transport and other events that cause difficulties in traffic or require the use of the road in a special way, may be provided on condition that the safety of the order is ensured during the course of the operation. events and obtaining permission to carry out the event.
Art. 65a. [ Obligations of the organiser of the event] 1. The organizer of the event is obliged to ensure the safety of the persons present at the event and the order during the event.
2. The organizer of the event is obliged to provide:
1) meeting the requirements laid down in particular in the provisions of the construction law, sanitary regulations, regulations concerning fire protection and environmental protection;
(2) the distinguishing features of the garment and the information service;
3) medical and pre-medical assistance, adjusted to the number of participants of the event, as well as adequate sanitary and sanitary facilities;
4. escape routes and roads to access the emergency services and the Police, the Border Guard and the Military Gendarmerie;
5) conditions for organising communication between entities participating in the security of the event;
6. rescue and fire extinguishing equipment and fire extinguishing agents necessary for the protection of rescue and rescue operations;
7. if necessary, the room for the services directing the event;
8) the technical measures necessary to secure the event, and in particular:
(a) warning and information signs or plates,
(b) ropes, tapes or ribbings used to mark the route or place of the event,
(c) barriers, hurdles or baffles for replaying the venue of the event.
3. The organizer of the event is obligatory:
1) agree with the traffic management authorities on the routes of the route on which the event is to take place;
2) cooperate with the Police and, if the event takes place in the border area or on roads running through the area or adjacent to the areas within the management of organizational units subordinated or supervised by the Minister The National Defence or on the roads adjacent to these areas, respectively, with the Border Guard or the Military Gendarmerie:
(a) agreeing on the route or venue of the event,
(b) by means of instructions for the proper security of
(c) by making a common detour of the route or place of the event;
3) draw up a plan setting out the ways of ensuring security and public order during the event on the premises of individual voivodships, comprising:
(a) a list of the persons who are part of the service, their distribution and the elements of the garment distinguishing them,
(b) a written statement specifying the tasks of the services in order to be drawn up in consultation with the Police,
(c) the nature and quantity of the technical measures referred to in paragraph 1. Point 8, and the place where they are to be placed,
d) the types, scope and manner of securing the rescue of the event, in agreement with the relevant district commander of the State Fire Service and other rescue services, including the competent disposal of the unit within the meaning of the provisions of the Act of 8 September 2006 o State Medical Rescue,
(e) the manner in which dangerous places are marked for participants,
(f) the marking of the vehicles participating in the event and accompanying the event,
(g) the types of permits for the movement of persons or vehicles in places which are excluded from public traffic,
h) the organization of wireless communication between the organizer of the event and the Police during the event,
(i) a means of communicating the traffic restrictions resulting from the event, before and during the event;
4. develop the rules and programme of the event;
5) establish with the Police and, if the event takes place in the border area or on the roads running through the area or adjacent to the sites included in the management of the organizational units subordinated or supervised by the Minister of Defence National, respectively with the Border Guard or the Military Gendarmerie, the terms of the joint meetings organised to agree on the matters related to the security of the event;
6. ensure the implementation of the plan referred to in point 3;
7) agree with the administrator of the road area the use of the road lane and the manner and date of the restoration of it to the previous condition;
7a) obtain the permission of the manager of the road to participate in the event of motor vehicles equipped with tyres with the fixed non-slip elements placed in them;
8) notify the public of public communications about the expected time of the occurrence of road obstructions;
9) at the request of the traffic management authority on the road to develop a motion organisation project in agreement with the Police;
10) provide accurate information concerning the event, at the request of the Police or other entities listed in points 1, 2, 7 and 8, as well as the appropriate water bodies due to the place where the event takes place, if they are necessary to carry out their tasks in order to ensuring security and public order;
11) communicate to the public information about the obstructions in traffic resulting from the planned event.
4. Security and order during events shall be provided by the Police, with the fact that if the event takes place in the border area or is carried out on roads running or adjacent to areas within the management of organizational units subordinated or supervised by the Minister of National Defence, respectively in cooperation with the Border Guard, Military Gendarmerie or with military ordinal authorities:
1) during the preparation of the event-developing its own plan to secure the event;
2) during the event:
(a) by issuing traffic control posts and blockage,
(b) piloting, if necessary, the passage or passage of participants in the event,
(c) by arranging the travelling outings resulting from the event on the road;
3) after the end of the event-restoring the fluidity of the traffic on the road.
Article 65b. [ Application for authorisation] 1. The permit referred to in art. 65, issue by administrative decision, at the written request of the organizer of the event, hereinafter referred to as the "application", submitted at least 30 days before the scheduled date of its commencation, the body managing the traffic on the road on which the event takes place, with that if the event takes place on the roads subordinate to several bodies, the competent authority shall be:
1) in the case of roads of different categories-the body managing traffic on the way of a higher category;
2) in the case of roads of the same category-the competent authority due to the place where the event begins.
2. The organizer of the event shall send within the period specified in the paragraph. 1 copy of the application together with the required documents to:
1) competent due to the place of commencation of the event of the Commandant of the Voivodship Police, as well
2) the commandant of the Border Guard branch-if the event takes place in the border area, or
3) Commandant of the Military Gendarmerie Unit-if the event is carried out on roads running or adjacent to the areas within the order of the organizational units subordinated or supervised by the Minister of National Defence.
3. The application shall include in particular:
1. the name and address of the organizer of the event;
2) the type and name of the event;
3) information on the place and date of the start, the course and the end of the event;
4) information on the expected number of participants of the event;
5) a list of persons representing the organizer in matters of securing the route or the place of the event on the territory of individual voivod
6) signature of the organizer or his representative.
4. The application shall be accompanied by:
1) the detailed rules of the event, setting out in particular the rules of conduct of the participants of the event relevant to road safety;
2) a list of the persons responsible for the correct course and securing of the event on the territory of the individual voivodships and at the commencers and terminations of each section, and also in places requiring special security;
3) the programme of the event with a detailed description of the route and giving the distance between the individual sections of the route and the programme of the passage or the passage of participants by the individual localities and the boundaries of the voivodships, determined in minutes and kilometres;
4) the plan of securing the route or the place specified in art. 65a ust. 3 point 3;
5) obligation of the organizer to restore to the previous state of the lane on the route of the journey, the passage or the place of residence of the participants of the event, and in the case of damage to the road lane or road devices resulting from the event-to them rectify or cover the costs of such repairs without delay;
6) the written consent of the owner of the forest to carry out the event in case of carrying it out in the forest grounds.
5. The body referred to in paragraph 1. 1, issue an authorisation after:
1) consult the competent authorities on the grounds of the event of the Police Commander, and in the case of an event taking place on the roads in the border area or on the roads running or adjacent to the site of the Management Board organisational units subordinated or supervised by the Minister of National Defence-the competent commander of the Border Guard Division or the commander of the Military Gendarmerie Unit, respectively; the opinion shall be served on the authority which requested it, within 14 days from the day of occurrence;
2) agree on the scope of the restriction of traffic and the resulting conditions for the performance of the event with the traffic management authorities on the roads on which the event is to take place.
Article 65c. [ Refused authorisation] The authority issuing the authorisation shall refuse to issue the authorisation:
1) if the organizer does not meet the conditions laid down in Art. 65a ust. 2 and 3;
2) if, despite the fulfilment of the conditions laid down in the Article 65a ust. 2 and 3:
(a) there is a danger of life or human health or property of great value,
(b) the event threatens the safety of road traffic, and it is not possible to organise detours which do not significantly increase the costs incurred by the road participants.
Article 65d. [ Withdrawal of permit] 1. The issuing body shall revoke the authorisation issued when there is a danger of life or health or property of great value.
2. The body referred to in paragraph 2. 1, may withdraw the permit when the event threatens road traffic safety.
3. The decision referred to in paragraph 3. 1 and 2, a rigor is suitable for immediate enforceability.
Art. 65e. [ Date of decision] The decision to issue or refuse to issue a permit to the event shall be issued at least 7 days before the scheduled date of the event.
Article 65f. [ Interruption of the event] The road traffic control body shall interrupt the event if it is held without authorisation.
Art. 65g. [ Reasons for breaking the event] The road traffic control authority may interrupt the event if:
1) the place, the route or the duration of its duration does not comply with the conditions stipulated in the permit;
2) there is a danger of danger of life or human health or property of great value;
3) its course causes danger of road safety.
Art. 65h. [ Parties of a religious nature] 1. Rules of Art. 65-65g do not concern processions, pilgrimages and other religious events that take place on the roads under the rules laid down in:
1. the Act of 17 May 1989. o the ratio of State to the Catholic Church in the Republic of Poland (Dz. U. Nr 29, pos. 154, of late. zm.);
2. the Act of 4 July 1991. about the ratio of your state to the Polish Autocepalic Orthodox Church (Dz. U. No 66, pos. 287, of late. zm.);
3. the Act of 30 June 1995. about the attitude of the State to the Church of the Seventh Day Adventists in the Republic of Poland (Dz. U. Nr 97, pos. 481, z Late. zm.);
4. the Act of 30 June 1995. about the attitude of the State to the Church of Baptist Christians in the Republic of Poland (Dz. U. Nr 97, pos. 480, z Late. zm.);
5. the Act of 30 June 1995. about the attitude of the State to the Evangelical-Methodist Church in the Republic of Poland (Dz. U. Nr 97, pos. 479, from late. zm.);
6. the Act of 30 June 1995. o the attitude of the State to the Polish Catholic Church in the Republic of Poland (Dz. U. Nr 97, pos. 482, with late. zm.);
7. the Act of 20 February 1997. about the attitude of the State to the Church of the Old Catholic Mariawites in the Republic of Poland (Dz. U. No 41, pos. 253, of late. zm.);
8. the Act of 20 February 1997. o the ratio of State to the Catholic Church of the Catholic Mariawites in the Republic of Poland (Dz. U. No 41, pos. 252, of late. zm.);
9. the Act of 20 February 1997. about the ratio of the State to the Pentecostal Church in the Republic of Poland (Dz. U. No 41, pos. 254, of late. zm.).
2. Rules of Art. The 65-65g also does not apply to funeral processes that move on the roads according to local custom.
3. To the events referred to in art. 65, the provisions on the safety of mass events, excluding the rules governing the organisation and the powers of the services of ordinal services, shall not apply.
Art. 65i. [ Application of provisions of the Code of Administrative Procedure] In matters not regulated in art. 65-65h apply the provisions of the Code of Administrative Procedure.
Art. 65j. [ Application of provisions of the Act] The provisions of Chapter 5, with the exception of the provisions of Article 5, shall apply to the carriage of passengers by rail. 65a ust. 2 points 2-5, 7-8, par. 3 points 3, 6-11, para. 4, art. 65b ust. 4 (4) and (4) 65h.
SECTION III
Vehicles
Chapter 1
Technical conditions for vehicles
Article 66. [ Technical conditions of vehicles] 1. The vehicle participating in the movement is to be so built, equipped and maintained, to use it:
1) did not endanger the safety of the persons on the road or other participants of the movement, did not violate the order of traffic on the road and did not put any harm to the person;
2. do not disturb public tranquility by causing noise above the level specified in the specific provisions;
3) has not caused the secretion of harmful substances in excess of the size specified in the specific provisions;
4) did not result in destruction of the road;
5) provide a sufficient field of vision for the driver and easy, comfortable and reliable handling of the devices for steering, braking, signalling and lighting the road while observing it;
6. does not cause radio interference to an extent exceeding the size specified in the specific provisions.
1a. A bus, a truck with a maximum permissible weight exceeding 3,5 t and a car tractor for which a permissible laden weight of a combination of vehicles of more than 3,5 t is determined shall be equipped with an approved speed limitation assembled by the manufacturer or the unit authorised by him, limiting the maximum speed of the bus to 100 km/h, and the truck and the car tractor up to 90 km/h.
1b. The provision of the paragraph. 1a shall not apply to the vehicle:
1) special or used for special purposes, Police, Internal Security Agency, Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service, Customs Service, Central Anti-Corruption Bureau, Border Guard, Service Prison, the Armed Forces of the Republic of Poland, the Government Protection Bureau and the fire protection units;
2) vintage;
(3) unrecognising, for construction reasons, a speed greater than that set out in the paragraph. 1a;
4) used to conduct scientific research on the roads;
5) intended exclusively for public works in urban areas.
1c. The Minister responsible for transport, bearing in mind the specific dangers encountered during the transport of dangerous goods, may determine by means of a regulation lower than those laid down in the paragraph. 1a limit values for the maximum speed of vehicles transporting certain dangerous goods.
1d. A motor vehicle and a rail vehicle may be equipped with an alcoholic blockage mounted by the manufacturer of the device or his authorised representative.
1e. The calibration of the alcohol lock shall be carried out every 12 months. The first calibration of the alcohol lock shall be made prior to the installation of the device in the vehicle.
1f. The manufacturer of the device or his authorized representative shall carry out the calibration of the alcohol blockage and issue a document confirming its calibration.
1g. The Minister responsible for transport will determine, by regulation, the functional requirements and technical requirements of the alcoholic blockade and the specimen of the document confirming the calibration of the alcoholic blockade, taking into account the market availability of such equipment and the need to ensure the safety of road traffic participants.
(2) The equipment and equipment of the vehicle, in particular the safety of traffic and the protection of the environment against the adverse effects of the vehicle, shall be maintained in due state and shall be effective and effective.
3. The devices for connecting the towing vehicle with the trailer shall ensure the safe hauling of the trailer with the maximum permissible weight to be drawn by that vehicle, to prevent the trailer from being automatically disconnecting and to ensure that the trailer can be used safely. the correct operation of the lamps and the brakes, if the trailer is equipped with a trailer.
(3a) The entry involved should be given by the manufacturer, subject to the provisions of Article 4 (3) of the Regulation. 66a, identification characteristics:
1. VIN number or bodywork number, chassis or frame number;
2) (repealed).
4. It is forbidden to:
1) affixing inside and outside the vehicle of protruding spikes or sharp parts or objects which may cause damage to the body of persons driving in the vehicle or other participants of the movement;
(1a) the use in the vehicle of items of equipment and parts removed from vehicles the re-use of which is endangered by road safety or adversely affects the environment;
2) the use in the vehicle of items of equipment and parts not complying with the conditions laid down in the specific provisions;
3. to place on the vehicle or on it devices which are compulsory equipment of a privileged vehicle, sending light signals in the form of blue or red flashlights, or an audible beep with variable tone;
4. equipping the vehicle with a device informing about the operation of the control-measuring equipment used by the traffic control authorities or the operation is disruptive or transporting in a vehicle such a device in a state indicating its readiness use; this does not apply to special vehicles of the Armed Forces of the Republic of Poland, Police, Internal Security Agency, Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service, Central Anti-Corruption Office, Guards Border, Customs Service and Government Protection Bureau;
5. the replacement of the bodywork of the vehicle with the identification characteristics referred to in paragraph 1. 3a (1);
6. making structural changes changing the type of vehicle, with the exception of:
(a) of the vehicle on which the type-approval certificate or other equivalent document referred to in Article 4 was issued. 70j ust. 1, art. 70k ust. 1, art. 70o ust. 1, art. 70zo para. 1, art. 70zp ust. 1 or Art. 70zu mouth. 1,
(b) the vehicle in which the structural changes have been carried out by an economic operator in that respect.
4a. The provision of the paragraph. 4 does not apply to the historic vehicle-in the scope of paragraphs 1 to 3, with the exception that, in the case of point 3, the use of these devices is prohibited when driving and the parking.
5. The Minister responsible for transport in agreement with the Ministers responsible for internal affairs and the National Defence shall determine, by means of regulations, the technical conditions of vehicles and the scope of their necessary equipment.
(5a) The Minister responsible for transport will determine, by means of a regulation, the technical conditions of the vehicles which are part of the tourist queue and the extent of their necessary equipment.
6. The Ministers of National Defence and the competent for internal affairs in agreement with the Minister responsible for transport shall determine, by regulation, the technical conditions of special vehicles and used for special forces of the Armed Forces The Republic of Poland.
7. The Minister of Internal Affairs, the Minister of National Defence, the Minister responsible for public finance and the Minister of Justice, in agreement with the Minister responsible for transport, shall determine, by means of a regulation, the conditions technical specialty vehicles and used for special purposes, Police, Internal Security Agency, Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service, Central Anti-Corruption Bureau, Border Guard, Office of Protection Government, Treasury Control, Customs Service, Prison Service and Guard fire.
8. In the Regulations referred to in paragraph. 5-7, account shall be taken in particular of:
1) the need to ensure safe use of vehicles;
2) ensure the lowest possible negative impact of vehicles on the environment;
3) regulations and international agreements concerning vehicles, their equipment and parts;
4) the purpose of vehicles and the manner of their use.
9. Minister competent for transport, in agreement with the Minister responsible for the economy and the minister competent for the environment, guided by technical considerations, road safety rules and environmental protection requirements Whereas, in order to prevent the marketing of items of equipment and components removed from vehicles, the list of items of equipment and parts removed from vehicles whose re-use of vehicles is threatened by re-use is to be determined by regulation. the safety of road traffic or adversely affects the environment.
Art. 66a. [ Identification characteristics] 1. Identification features, referred to in art. 66 (1) 3a, gives and places the manufacturer.
2. The Starosta competent in matters of vehicle registration shall issue a decision on the identification of the identifying characteristics in the case of the vehicle:
1) built with the use of the bodywork, chassis or frame of its own construction, the brand of which is referred to as "SAM";
(2) in which the frame or chassis is replaced on a frame or chassis respectively without a factory number;
3) recovered after theft, in which the identification feature has been tarrashed or falsified;
4) acquired in public auction or from the entity executing the decision of forfeiture of the vehicle in favor of the State Treasury, in which the identification feature has been tarnished or falsified;
5) in which the distinguishing feature has been tarrashed or falsified, and the final judgment of the court has been established the right of ownership of the vehicle;
6) in which the identification characteristic has been workable or was destroyed in the road accident or during the repair;
7) an antique, in which the identification feature has not been placed.
3. Circumstances referred to in paragraph. Paragraphs 6 and 7, should be confirmed by the written opinion of the car maker referred to in Article 4. 79a; the opinion shall indicate the original identification characteristic or explicitly exclude interference in the numerical field for intentional destruction or falsification, or indicate the absence of an original identification characteristic.
4. The inscribed identification features of the starosta shall be entered in the registration command and in the vehicle card if it was issued.
(5) The Minister responsible for transport shall, taking into account the importance of the identification features in ensuring the safety and security of the vehicles, determine, by means of a regulation, the detailed means and the mode of transmission and placement in cases, referred to in paragraph 2.
Article 67. [ Derogations from technical conditions] (1) The Minister responsible for transport may, on a case-by-case basis, authorise a derogation from the technical conditions to which the vehicles should correspond.
2. The district council may introduce the obligation to equip the coupling vehicles in the brake run from the place occupied by the steering.
Article 68. (repealed).
Article 68a. (repealed).
Article 69. (repealed).
Article 70. (repealed).
Chapter 1a
Approval
Art. 70a. [ Definitions] Whenever you are in a chapter, you are talking about:
1. the original item of equipment or parts, shall be understood by the equipment or parts which have been manufactured in conformity with the specifications and production standards provided by the vehicle manufacturer for the manufacture of the equipment or the parts of the vehicle concerned, and the subject matter of the equipment or parts which have been manufactured on the same production line; this shall also include the subject of the equipment or the part for which the manufacturer certifies that this item of equipment or the part shall correspond to the quality of the equipment or component used, the installation of the vehicle concerned and have been manufactured in accordance with the specifications and production standards of the vehicle manufacturer;
2. the EC vehicle type-approval procedure or the vehicle type-approval procedure shall be understood to mean one of the following procedures:
(a) step by step-type-approval procedure under which the manufacturer obtains all the required EC type-approval certificates for the equipment or parts or/or UNECE type-approval certificates on the basis of which the approved body, o Article 2 70y ust. 1, carry out the approval test of the vehicle type which is the basis for the issue of the EC vehicle type-approval certificate or the vehicle type-approval certificate,
(b) one-step-type-approval procedure under which the body of the holder referred to in Article 1 (1) (b) of the EC 70y ust. 1, carry out the approval test for all the equipment or components required and the approval test of the vehicle type which is the basis for the issue of the EC type-approval certificate of the vehicle or the vehicle type-approval certificate,
(c) mixed-step-by-step type-approval procedure during which the manufacturer may not submit one or more EC type-approval certificates for equipment or components or UNECE type-approval certificates for approval tests. of a type of vehicle, provided that they are replaced by reports containing the results of the approval tests for those items of equipment or parts;
3) virtual test method-it is understood by it computer simulations, including calculations confirming that the vehicle type, type of object of the equipment or parts meets the relevant technical requirements, within the scope set out in Annex XVI to Directive 2007 /46/EC of the European Parliament and of the Council of 5 September 2007. establishing a framework for the approval of motor vehicles and trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (Dz. Urz. EU L 263 of 09.10.2007, p. 1, from late. zm.), hereinafter referred to as 'Directive 2007 /46/EC';
4) conformity of the production of the vehicle, the object of the equipment or parts or the conformity of the installation of the installation adapting the vehicle type to the gas supply-it is understood by this production of the vehicle, the object of the equipment or parts as required for the of a type which has been granted an appropriate type-approval certificate or a marketing authorisation certificate and the use of production methods to ensure that these requirements are met; in the case of installation of an installation adapting the type of vehicle concerned to the supply of the vehicle gas-it is understood by this assembly in accordance with the requirements for the type it has obtained the type-approval certificate for the installation of the installation of a specific type of vehicle for gas supply and the use of assembly methods to ensure that these requirements are met.
Article 70b. [ Fulfilment of relevant technical requirements] 1. The new type of vehicle, the type of object of the equipment or the part to be placed on the market in the territory of the Republic of Poland, should meet the technical requirements, appropriate for the given vehicle category, specified in the regulations issued on Article 1 70m ust. 1 point 1.
2. The fulfilment of the relevant technical requirements of the vehicle type, the type of the subject of equipment or parts shall be confirmed by the approval procedure:
1) of the vehicle type;
2) of the EC type of vehicle;
(3) EC type of equipment or parts;
4. UNECE type.
3. For the purposes of the type-approval procedure, the vehicles according to their maximum total mass or design characteristics shall be divided into categories. Vehicle categories are defined in Annex 2 to the Act.
4. The obligation to meet the relevant technical requirements also applies to the installation of the installation of the type of vehicle for the gas supply, which is confirmed by the type-approval procedure for installation of the installation of the type concerned a vehicle to supply gas.
5. The obligation referred to in paragraph. 1, in relation to the type of item of equipment or parts concerned the types of items of equipment or parts for which the scope of technical requirements determine the provisions issued on the basis of art. 70m ust. 1 point 1.
6. If the type-approval of a type of equipment or component covers items of equipment or parts, regardless of whether they are intended for repair, maintenance or maintenance of vehicles, no additional type-approval of such items shall be required. equipment or parts where the Act does not provide for them to obtain a separate type-approval certificate.
Art. 70c. [ Confirmation of technical requirements] Confirmation of compliance with the technical requirements shall be made by issuing for:
1. vehicle:
(a) EC vehicle type-approval certificates,
(b) vehicle type-approval certificates;
2. items of equipment or parts:
(a) an EC type-approval certificate for equipment or parts,
(b) a UNECE type-approval certificate;
3. mode of installation of the installation of a given type of vehicle for gas supply-certificate of approval of the installation of the installation of a given type of vehicle for the supply of gas.
Art. 70d. [ The obligation to obtain an EC type-approval certificate] 1. The manufacturer of a new type of vehicle, the type of item of equipment or parts shall be required to obtain for each new type of vehicle, the type of item of equipment or the relevant part of the relevant EC type-approval certificate, subject to the paragraph. 2-6.
2. A new type of vehicle designed and built for use primarily on construction sites, quarries, port facilities or airports and a free-running vehicle is not subject to the obligation to obtain an EC type-approval certificate vehicle type-approval certificates. The manufacturer of this type of vehicle may apply for optional clearance by obtaining an EC type-approval certificate of a vehicle confirming the fulfilment of the relevant technical requirements, to the extent that this type of vehicle meets the requirements set out in the Annexes IV and XI to Directive 2007 /46/EC. The provision does not apply to vehicles referred to in Annex No. 2 to the Act, and to trams and trolleybuses.
3. A new type of special vehicle of the Special Forces of the Republic of Poland, Police, Internal Security Agency, Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service, Central Anti-Corruption Bureau, Government Security Bureau, The Border Guard, the Tax Inspectorate, Customs Service, Road Transport Inspection, Prison Service and Fire Protection Units or a new type of vehicle used for special purposes shall not be subject to the obligation to obtain a certificate EC vehicle type-approval and vehicle type-approval certificates. The manufacturer of these types of vehicles may obtain an EC type-approval certificate for a vehicle if the vehicle type satisfies the relevant technical requirements laid down in the provisions adopted pursuant to the Article. 70m ust. 1 point 1.
4. Manufacturer:
1) tramway,
2) trolleybus
-it shall be required to obtain for each new type of vehicle type-approval of a vehicle type-approval.
5. An entity carrying out the installation of an installation adapting the type of vehicle for gas supply shall be obliged to obtain an approval certificate for the installation of the installation of the type of vehicle for the supply of gas.
6. Manufacturer:
1) of the new type of vehicle, shall be exempt from the obligation referred to in paragraph. 1, if obtained:
(a) the EC type-approval certificate of the vehicle, with regard to the vehicles produced in small series,
(b) the type-approval certificate of the vehicle type, with regard to the vehicles produced in small series,
(c) the type-approval certificate for the vehicle type, with regard to vehicles of categories T4.1, T4.2, T5, C, R,
(d) recognition of a vehicle type-approval certificate issued in accordance with the type-approval procedure by a competent authority other than the Republic of Poland of a Member State of the European Union,
(e) recognition of the vehicle type-approval certificate for vehicles produced in small series issued on a given vehicle type in accordance with the type-approval procedure of the competent authority other than the Republic of Poland of a Member State of the European Union,
(f) individual approval of the vehicle,
(g) recognition of a unit approval of a vehicle issued by a competent authority other than the Republic of Poland of a Member State of the European Union,
(h) certificate of individual EC approval of a vehicle
2) the new type of object of equipment or parts is exempted from the obligation referred to in paragraph. 1, if:
(a) has obtained an ECE type-approval certificate,
(b) the new type of equipment or component is covered by the EC type-approval certificate of the vehicle.
7. In the EC type-approval procedure of a vehicle, an ECE type-approval certificate shall be deemed to be equivalent to the EC type-approval certificate of the item of equipment or parts, to the extent that the requirements of the UNECE regulations mentioned in the section Annex IV to Directive 2007 /46/EC covers the scope of the requirements for this subject of equipment or parts as defined in the relevant directives or regulations of the European Union.
8. Where the vehicle referred to in paragraph 2, it does not meet all the requirements of Directive 2007 /46/EC and the vehicle manufacturer cannot obtain the exemption from some of the technical requirements referred to in Article. 70m ust. 1 point 1 shall be considered as an incomplete vehicle.
9. The provision of the paragraph. 6 point 1 lit. a does not apply to special vehicles.
Art. 70e. [ Exclusion of the approval certificate] The obligation to obtain type-approval certificates shall not apply to the vehicle
1) category M1, intended for sports competitions;
2. L category:
(a) adapted for the use by disabled persons,
(b) intended for sports competitions;
3) category T intended for forestry work comprising:
(a) a rib tractor and a tractor with the front loading system,
(b) a vehicle constructed on the frame of the earth-work equipment.
Art. 70f. [ Responsibility of the manufacturer of the completed vehicle] 1. The manufacturer of the vehicle, the object of the equipment or parts shall be responsible for all aspects of the approval process and for ensuring conformity of production, whether or not directly involved in all stages of the production of the vehicle, the item of equipment or parts.
2. The manufacturer of a completed vehicle shall be responsible for obtaining an EC type-approval certificate for the subject of equipment or parts or of an ECE type-approval certificate and for ensuring conformity of production in respect of these items of equipment. or parts which have been added at the stage of the vehicle being completed by the vehicle.
3. The manufacturer of a completed vehicle introducing changes to the equipment or parts which have been placed under the type-approval procedure at an earlier stage of vehicle completion shall be responsible for obtaining an EC type-approval certificate. the object of the equipment or parts or of the UNECE type-approval certificate and for ensuring conformity of production in respect of the change made.
Art. 70g. [ The prohibition on the placing on the market of a new vehicle without the required approval certificate] 1. The placing on the market of a new vehicle shall be prohibited without the required relevant type-approval certificate or other equivalent document referred to in Article 3. 70j ust. 1, art. 70k ust. 1, art. 70o ust. 1, art. 70zo para. 1, art. 70zp ust. 1 or Art. 70zu mouth. 1.
2. A subject which shall place on the market a vehicle contrary to the prohibition laid down in paragraph 1. 1, shall be obliged to withdraw this vehicle from the market at its expense.
3. In the case of a paid entry into the market of the vehicle referred to in paragraph. 2, the entity is also required to redeem the vehicle from the person who actually wields the vehicle.
4. In the case of non-withdrawal from the market of a vehicle without the required relevant type-approval certificate or other equivalent document referred to in art. 70j ust. 1, art. 70k ust. 1, art. 70o ust. 1, art. 70zo para. 1, art. 70zp ust. 1 or Art. 70zu mouth. 1, the competent authority shall, after the imposition of the penalty referred to in Article 1, 140m ust. 1 point 1 shall specify, by means of an administrative decision, a vehicle which is subject to a withdrawal from the market and a date for its withdrawal, and shall require that the obligation laid down in paragraph 1 is to be fulfilled. 3. The decision shall be given to the rigor immediately enforceability.
5. Vehicles withdrawn from the market shall not be placed on the market again.
6. The placing on the market of a new item of equipment or parts without the relevant type-approval certificate or the marketing authorisation shall be prohibited.
7. A subject which shall place on the market the subject of equipment or a part contrary to the prohibition referred to in paragraph 1. 6, shall be required at its own expense:
1) make public in the mass media of a nationwide coverage or in places of placing on the market of items of equipment or parts covered by the obligation to withdraw from the market, information about the items of equipment or parts covered by the obligation to withdraw from the market with a date of withdrawal, which should not be less than 3 months and not longer than 12 months, having regard to the time necessary for the proper implementation of the obligations arising from the provisions This Act;
2) withdraw from the market the subject of the equipment or a part, as requested, referred to in the paragraph. 9.
8. The subject matter of the equipment or part withdrawn from the market shall not be placed on the market again.
9. A person who is actually the subject of the subject of equipment or a part of the obligation to withdraw from the market, within the period specified in the mouth. 7 (1), shall have the right to demand from the entity which placed on the market the subject of equipment or parts, repurchase or replacement for a new item of equipment or a part meeting the requirements of the Act, on the basis of a document confirming their purchase.
10. In the event of failure to comply with the obligations laid down in paragraph. 7, after the imposition of the penalty referred to in Article 140m ust. The competent authority shall determine, by means of an administrative decision, the subject of the equipment or the part which is subject to the withdrawal from the market, the time limit for its withdrawal, and the obligations laid down in paragraph 1. 7. The decision shall be given to the rigor of immediate enforceability.
11. To the proceedings in cases of withdrawal from the market of the vehicle, the object of the equipment or parts, the provisions on enforcement proceedings in the administration shall be applied accordingly.
Art. 70h. [ Type-approval certificate for installation of an installation of a given vehicle type for gas supply] 1. The type-approval certificates or the type-approval certificate for the installation of the installation of a vehicle for gas supply shall be issued, amended, refused or withdrawn by administrative decision, by means of an administrative decision. Technical.
2. The issue or amendment of the type-approval certificate or type-approval certificate of the installation of the installation of a given type of vehicle for gas supply shall take place for a fee, with its amount not exceeding 1600 zł.
3. The issue or amendment of the type-approval certificate or type-approval certificate for the installation of a specific type of vehicle for gas supply shall be carried out at the request of the manufacturer or of the installation assembly operator, as appropriate. adaptable type of vehicle for gas supply.
4. In the case of an application for the issue or amendment of an EC type-approval certificate of a vehicle or a vehicle type-approval certificate, the manufacturer of the application shall indicate the type-approval procedure step by step, one-step or mixed, on the basis of which it was carried out approval tests.
5. To the application for the issue or amendment of the type-approval certificate, subject to Article 70m ust. 1, shall be attached:
1) an information package containing:
(a) the index of the information package
(b) an information folder consisting of:
-an information document drawn up in accordance with the model laid down in the provisions adopted on the basis of the Article 70m ust. 1 point 8,
-the data and information on the vehicle necessary for the registration and registration of the vehicle, if required,
-copies of the relevant EC type-approval certificates of the item of equipment or parts, if required,
-copies of the relevant UNECE type-approval certificates, if required,
-information and instructions, specifying the conditions or limitations associated with the use of the vehicle, the object of the equipment or parts which have an impact on road safety or the protection of the environment, if any,
(c) the protocol of the approval test, together with a report issued by the approved body in the case of an approval test of the vehicle type, if required,
(d) a report containing the results of the approval test, issued by the approved body in the case of type-approval testing of the type of equipment or parts, if required,
(e) documents containing data and information on the technical requirements of the items of equipment or parts, together with the declaration that they comply with the essential requirements in this respect, in the case of vehicles produced in small series;
2. installation instructions-in the case of type approval certificates referred to in art. 70c (2) (b);
3) a copy of the proof of payment of the fee for the issue or amendment of the type approval
4) statement on the entry to the Central Register of Information on Business Activity or to the Register of Entrepreneurs of the National Court Register;
5. statement, in the case of an EC type-approval certificate, with the following content:
'I declare that, in respect of the type of vehicle, the type of the subject of equipment or parts ... I have made only one application, and only in one Member State of the European Union';
6) list of persons authorised to sign:
(a) EC certificates of conformity or certificates of conformity-in the case of certificates of vehicle type-approval or of vehicle type-approval certificates, respectively,
(b) statements of data and vehicle information necessary for vehicle registration and records
-containing their personal data: name, job title and design of the signature;
7) a declaration on the manner and methods of ensuring conformity of the production of the vehicle, the object of the equipment, parts, with the type subject to the approval procedure.
6. The application for the issue or amendment of the approval certificate for the installation of the installation of a given vehicle type for gas supply shall be accompanied by:
1. the protocol of the type-approval test, together with a report issued by the authorized body;
2) a list of persons authorised to sign extracts from the approval certificate of how to install the installation of a given type of vehicle for gas supply containing their personal data: name, position and design of the signature;
3) a declaration on the method and methods of ensuring conformity of the installation of the installation adapting the given type of vehicle to the gas supply;
4) a list of the components used for the installation of a given type of vehicle for gas supply;
(5) a list of the plants assembling the installations adapting the type of vehicle to the gas supply;
6) a copy of the proof of payment of the fee for the issue or amendment of the approval certificate for the installation of the installation of a given type of vehicle for gas supply;
7) statement on the entry to the Central Register of Information on Business Activity or to the Register of Entrepreneurs of the National Court Register.
(7) The application for a modification of the type-approval certificate shall be submitted only in the country which issued the type-approval certificate.
(8) The Director of Transport Technical Inspection may, in duly justified cases, call upon the manufacturer to provide additional information necessary to determine the scope of the tests required or to simplify the performance of the tests.
Art. 70i. [ Handling of innovative constructional solutions] 1. Application for the issue of an EC type-approval certificate of a vehicle for the vehicle in which the equipment or parts of equipment or components have been applied innovative design solutions or technologies which do not comply with the requirements of the provisions concerning type-approval, the manufacturer shall also include:
1) justification of the use of innovative constructional solutions or technology;
2) a description of the solutions used and their impact on safety and environmental protection;
3. a description of the tests carried out and their results showing that at least an equivalent level of safety and environmental protection has been ensured in relation to the requirements set out in the provisions concerning approval.
2. The studies referred to in paragraph. 1 point 3, shall carry out the unit of power referred to in Article 3. 70y ust. 1.
3. Within one month from the date of receipt of the application referred to in paragraph. 1. The Director of Transport Technical Inspection shall apply to the European Commission for consent to issue an EC type-approval certificate of a vehicle.
4. Until the consent referred to in paragraph is given. 3. The Director of Transport Technical Inspection shall issue, by means of an administrative decision, the type-approval certificate of the vehicle for a period of 10 months, provided the manufacturer so requests, in the application referred to in paragraph 1. 1, for the issue of such a certificate, and the vehicle fulfils the conditions referred to in art. 66 (1) 1-1b and art. 66a.
5. Upon the issue of the type-approval certificate of the vehicle type referred to in paragraph. 4. The Director of Transport Technical Inspection shall immediately communicate to the European Commission and other than the Republic of Poland the Member States of the European Union the information about its release together with the documentation referred to in paragraph 1. 1.
6. In the case of obtaining the consent of the European Commission, referred to in paragraph. 3. The Director of Technical Inspection of Technical Inspection shall issue the EC type-approval certificate of the vehicle without delay. In duly justified cases, the EC type-approval certificate of a vehicle may specify a time limit for its validity, but not less than 36 months.
7. In the event of refusal of the consent of the European Commission, referred to in paragraph. 3, Director Of Transport Technical Inspection:
1) refuses to issue an EC type-approval certificate of a vehicle;
2. within six months of the date of receipt of the refusal of consent, the withdrawal of the type-approval certificate issued shall be withdrawn if the decision has not expired after the expiry of the period referred to in paragraph 1. 4.
8. In the event of receipt from the competent authority of a Member State of the European Union, the information on the issue of the type-approval certificate of the vehicle type referred to in paragraph 4. The Director of Transport Technical Inspection shall decide on the recognition of this vehicle type-approval certificate within 30 days from the date of receipt of this information, on the basis of the documentation referred to in paragraph. 1.
Art. 70j. [ Recognition of approval certificates] 1. The Director of Transport Technical Inspection, by means of an administrative decision, shall recognize the type-approval certificate issued for a given type of vehicle by a competent authority other than the Republic of Poland of a Member State of the European Union, for a period of time the corresponding validity, if the vehicle type concerned meets the requirements of:
1. procedure for obtaining an EC type-approval certificate of a vehicle or
2) procedure of approval of a vehicle type on the territory of the Republic of Poland
2. In order to obtain the recognition referred to in paragraph. 1, the manufacturer of a new type of vehicle shall submit an application for recognition of the type-approval certificate issued for the vehicle type concerned.
3. The application referred to in paragraph. 2. The type-approval certificate referred to in paragraph 2 shall be attached. 1, and the documents referred to in art. 70h ust. 5 point 1.
4. The recognition referred to in paragraph 1, issued to a given type of vehicle shall take place for a fee, with its amount not allowed to exceed 400 PLN.
5. The manufacturer shall be obliged to notify the Director of Transport Technical Inspection, with regard to the type-approval certificate of the vehicle providing the basis for obtaining the recognition referred to in the paragraph. 1, of the circumstances referred to in Article 70q ust. 4-6.
6. The Director of Transport Technical Inspection repeals the decision on the recognition referred to in the paragraph. 1, in the case of:
1) the occurrence of the circumstances referred to in art. 70q:
(a) paragraphs 4 and 5-whole,
(b) paragraphs 6-in the case of a variant or version under which the approved type-approval certificate of the vehicle type has expired;
2) not to remove the risks referred to in art. 70u ust. 1;
3. Disclaimer of the reservations referred to in art. 70u ust. 3 point 3.
Art. 70k. [ Recognition of approval certificate for vehicles produced in small series] 1. The Director of Transport Technical Inspection, by means of an administrative decision, shall recognize the type-approval certificate of a vehicle type for vehicles produced in small series issued for a given type of vehicle, if the technical requirements constituting the basis for its they are equivalent to the technical requirements in force on the territory of the Republic of Poland in the type-approval procedure of a vehicle type for vehicles produced in small series.
2. In order to obtain the recognition referred to in paragraph. 1, the vehicle manufacturer shall submit an application for recognition of the vehicle type-approval certificate for the vehicles produced in small series.
3. The application referred to in paragraph. 2. The type-approval certificate referred to in paragraph 2 shall be attached. 1, and the documents referred to in art. 70h ust. 5 point 1.
4. The recognition referred to in paragraph 1, issued to a given type of vehicle shall take place for a fee, with its amount not allowed to exceed 400 PLN.
5. The manufacturer shall be obliged to notify the Director of Transport Technical Inspection, with regard to the type-approval certificate of the vehicle providing the basis for obtaining the recognition referred to in the paragraph. 1, of the circumstances referred to in Article 70q ust. 4-6.
6. The Director of Transport Technical Inspection repeals the decision on the recognition referred to in the paragraph. 1, in the case of:
1) the occurrence of the circumstances referred to in art. 70q:
(a) paragraphs 4 and 5-whole,
(b) paragraphs 6-in the case of a variant or version under which the approved type-approval certificate of the vehicle type has expired;
2) not to remove the risks referred to in art. 70u ust. 1;
3. Disclaimer of the reservations referred to in art. 70u ust. 3 point 3.
Art. 70l. [ Edition of a copy of the vehicle type-approval certificate for vehicles produced in small series] 1. At the request of the manufacturer, the Technical Inspection Director shall forward to the competent authorities of the Member States of the European Union copies of the vehicle type-approval certificates for vehicles produced in small series, for the purpose of the recognition of this certificate.
2. In the case where the vehicle which has obtained the type-approval certificate of a vehicle for a vehicle produced in small series is to be sold, registered or admitted to traffic in the territory other than the Republic of Poland of the Member State of the Union The Director of Transport Technical Inspection, at the request of the owner of the vehicle, shall issue a copy of the vehicle type-approval certificate for the vehicles produced in small series.
3. In the event of receipt from the competent authority of a Member State of the European Union or the owner of the vehicle referred to in paragraph. 2. vehicle type-approval certificates for vehicles produced in small series, the Director of Transport Technical Inspection shall accept this certificate within 60 days from the date of receipt if the technical requirements constituting the basis for its release are equivalent technical requirements in force on the territory of the Republic of Poland in the vehicle type-approval procedure for vehicles produced in small series.
Art. 70m. [ Mixed Procedure Use] 1. In the procedure of EC type-approval of a vehicle for vehicles produced in small series, only the mixed procedure shall be used, under which the Director of Transport Technical Inspection, by administrative decision:
1. exempts the manufacturer from the obligation to present one or more EC type-approval certificates of the item of equipment or parts or of a UNECE type-approval certificate, for testing the type-approval of a vehicle, subject to the replacement of the vehicle type reports containing positive results of the approval tests of those items of equipment or parts drawn up by the authorized body referred to in Article 70y ust. 1;
2. authorizes the manufacturer to carry out type-approval tests of certain items of equipment or parts and to present a report containing the results of those tests.
2. Items of equipment or parts referred to in paragraph. 1, specify Appendix 1 to Part I of Annex IV to Directive 2007 /46/EC. For those items of equipment or parts of the provision of art. 70h ust. 5 point 1 lit. e shall apply mutatis mutandis.
3. In the procedure for the approval of a vehicle type for vehicles produced in small series:
1) certain requirements, concerning one or more items of equipment or parts, are replaced by alternative requirements, specified in the provisions issued on the basis of art. 70m ust. 1 point 2;
2. The Director of Transport Technical Inspection exempts from the obligation to obtain one or more EC type-approval certificates for the subject of equipment or parts or of an ECE type-approval certificate, provided that they are replaced by:
(a) reports containing positive results of the tests of those items of equipment or parts obtained on the basis of the principles referred to in paragraph 1. 1 point 2,
(b) documents containing data and information on the technical requirements of the equipment or parts, together with the declaration that they comply with the essential requirements laid down in the provisions of the European Union for approval tests, or the UNECE regulations.
4. Items of equipment or parts referred to in paragraph 3, specify Annexes IV and XI to Directive 2007 /46/EC.
5. Paragraph Recipe 3 shall apply in respect of vehicles of category L, R, T as regards the items of equipment or parts specified in:
1. Parts I and II and Part II of Appendix 1 to Chapter B of Annex II to Directive 2003 /37/EC of the European Parliament and of the Council of 26 May 2003 (1). on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units, and repealing Directive 74 /150/EEC (Dz. Urz. EU L 171 of 09.07.2003, p. 1, from late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 13, t. 31, p. 311, of late. zm.);
2. Annex I to Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 (1). on the type-approval of a type of two-or three-wheel motor vehicles and repealing Council Directive 92 /61/EEC (Dz. Urz. EC L 124 of 09.05.2002, p. 1, from late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 13, t. 29, p. 399, with late. zm.).
Art. 70n. [ Issue or amendment of the approval certificate] 1. The Director of Transport Technical Inspection shall issue or amend:
1. Certificate of vehicle type-approval or EC type-approval certificate of a vehicle, if:
(a) an EC type-approval certificate of an item of equipment or component or UNECE type-approval certificate confirms that the vehicle type complies with the requirements and conditions set out in points (2) and (3),
(b) the protocol on the approval test of a vehicle type together with the report shall confirm that the technical specifications contained in the technical description comply with the vehicle type in respect of all type-approval of the items of equipment or parts, in accordance with the requirements for the vehicle category in question,
(c) the conditions or restrictions contained in the information and instructions referred to in Article 3. 70h ust. 5 point 1 lit. b, fifth indent, do not endanger the safety of traffic or the environment;
2. an EC type-approval certificate for the subject of equipment or parts, if the report containing the results of the approval tests confirms that the type of the subject of the equipment or parts concerned is:
(a) the technical requirements laid down in this Chapter and the provisions of the European Union relating to type-approval tests,
(b) the technical conditions referred to in Chapter 1,
(c) the conditions laid down in the Act of 20 January 2005. o the recycling of end-of-life vehicles (Dz. U. Nr 25, pos. 202, of late. zm.);
3. UNECE type-approval certificates, if the report containing the results of the approval tests confirms that the type of the subject of the equipment or parts concerned is:
(a) the technical requirements set out in this Chapter and the UNECE Regulations,
(b) the technical conditions referred to in Chapter 1,
(c) the conditions laid down in the Act of 20 January 2005. the recycling of end-of-life vehicles;
4. certificate of approval of the installation of an installation of a specific type of vehicle for gas supply-if the protocol of the type-approval test of the installation of an installation of a given type of vehicle for gas supply with the report confirms that:
(a) the components of the installation adapting the vehicle type to the gas supply shall comply with the technical requirements set out in this Chapter and the UNECE Regulations,
(b) the means of installation of the adaptive installation of the vehicle type to the gas supply shall comply with the technical conditions set out in Chapter 1 and the technical requirements set out in UNECE Regulations,
(c) the components of the installation adapting the vehicle type to the gas supply shall comply with the conditions set out in the Act of 20 January 2005. o the recycling of end-of-life vehicles.
2. The manufacturer, whose head office is located outside the territory of a Member State of the European Union, the Director of Transport Technical Inspection, shall issue an EC type-approval certificate if the manufacturer has an authorised representative for the territory of a Member State of the European Union to represent it in matters of approval.
3. In the case of application, in the EC type-approval procedure of a vehicle or in the procedure of approval of a vehicle type, of a mixed procedure, the Director of Transport Technical Inspection, at the request of the manufacturer, shall release it, by administrative decision, from the presentation of one or more EC type-approval certificates of an item of equipment or parts or of an ECE type-approval certificate for a vehicle type-approval test, provided that their reports contain positive results. the approval tests of those items of equipment or parts.
Art. 70o. [ Authorisations for the entry into service of a vehicle from the final batch of production] 1. The Director of Transport Technical Inspection, at the request of the manufacturer, shall grant, by means of an administrative decision, a permit for entry into the road of the vehicle from the final batch of production, within 3 months from the day of submission of the application.
2. The permit referred to in paragraph. 1, shall be granted for vehicles produced during the period of validity of the EC type-approval certificate of the vehicle or of the type-approval certificate of the vehicle and situated in the territory of the Member States of the European Union, for the limited number of vehicles specified in the provisions issued on the basis of art. 70m ust. 3.
3. The term of validity of the permit referred to in paragraph. 1, shall not exceed:
1) 12 months-for vehicles of category L,
2) 12 months-for vehicles of complete categories M, N, O,
3) 18 months-for completed vehicles of category M, N, O,
4) 24 months-for vehicles of complete categories T, C, R,
5) 30 months-for completed vehicles of categories T, C, R
-counting from the date of expiry of the EC type-approval certificate of the vehicle or vehicle type-approval certificate.
4. The application referred to in paragraph 1. 1, shall be attached:
1. a copy of the EC type-approval certificate of the vehicle or of the type-approval certificate of the vehicle which has expired;
2) a copy of the certificate of conformity or a copy of the EC certificate of conformity or a list of VIN numbers of the vehicles covered
3) a list of persons authorised to sign the manufacturer's declaration of placing of the vehicle on the vehicle by road from the final batch of production containing their personal data: name, position and design of the signature.
5. If the list of VIN numbers is included in the application, the manufacturer shall submit a statement of possession for that vehicle of the EC certificate of conformity or of the certificate of conformity issued during the period of validity of the EC type-approval certificate of the vehicle, or a vehicle type-approval certificate.
6. The manufacturer in the application referred to in paragraph. 1, the number of vehicles and the technical or economic reasons shall be required to cause new technical requirements not to be met by vehicles.
Art. 70p. [ Refusal to issue an approval certificate] 1. The Director of Transport Technical Inspection refuses to issue:
1. type-approval certificates, where:
(a) the type of vehicle, the type of item of equipment or parts of which does not comply with the requirements referred to in Article 70n ust. 1 points 1 to 3,
(b) an EC type-approval certificate has been issued by another Member State of the European Union for the type in question;
2. type-approval certificates for the installation of an installation adapting the type of vehicle concerned to the gas supply-where the components of the installation and the manner of installation do not meet the requirements referred to in Article 3 (2) of the Regulation. 70n ust. 1 point 4;
3. the permit for entry into the road of the vehicle from the final batch of production-in the case of:
(a) failure to meet the final conditions of the production batch,
(b) insufficient justification for the failure of the vehicles to comply with new technical requirements.
2. The Director of Technical Inspection of Technical Inspection shall refuse to amend the type-approval certificate in the cases referred to in paragraph. 1 point 1 lit. a and point 2.
3. The Director of Transport Technical Inspection may refuse to issue an EC type-approval certificate if it finds that the type of vehicle, the type of the object of the equipment or parts constitutes a serious risk to road safety or protection the environment, although it complies with the requirements referred to in Article 70n ust. 1 points 1-3.
Art. 70q. [ Notification of a need to change the data contained in the approval certificate] 1. The manufacturer is obliged to notify the Director of Transport Technical Inspection immediately:
1) the need to change the data and information contained in the EC type-approval certificate of a vehicle issued in the territory of the Republic of Poland or the vehicle type-approval certificate in the case of:
(a) changes in the conditions underlying the issue of the certificate,
(b) changes to the type of vehicle, the type of the item of equipment or the part affecting the alteration of the conditions giving rise to the issue of that certificate;
2) cessation of production of a given type of vehicle, type of object of equipment or parts.
2. Upon receipt of the notification referred to in paragraph. 1 point 1, the Director of Transport Technical Inspection shall assess the extent of the changes in relation to the previously issued certificate, and then immediately inform the manufacturer of:
1) the need to obtain a change of this certificate after conducting approval tests or without carrying out these tests,
2) the need to obtain a new certificate, if the scope of the changes goes beyond the essential characteristics for a given vehicle type specified in the provisions issued on the basis of art. 70m ust. 1 point 5, or
3. lack of the need to change the data and information contained in the previously issued certificate.
3. In the cases referred to in paragraph. Article 2 (1) and (2) shall apply mutatis mutandis. 70h.
4. The EC type-approval certificate of a vehicle issued in the territory of the Republic of Poland or the vehicle type-approval certificate shall expire
1) in the cases referred to in paragraph. 1:
(a) point 1 (a), if the manufacturer fails to obtain the amendment of that certificate or becomes a new certificate,
(b) point 2;
2) if its expiry date has expired.
5. The certificate of type-approval of the vehicle type referred to in Article 70i ust. 4 shall expire if the EC type-approval certificate of the vehicle has been issued.
6. Where one of the variants within a type of vehicle or one of the versions within a variant no longer meets the requirements which form the basis for the issue of the approval certificate, the type-approval certificate of the vehicle or the EC type-approval certificate the vehicle shall be extinguished only to the extent that it concerns the variant or version.
Art. 70r. [ Withdrawal of approval certificate] 1. The Director of the Transport Technical Inspection shall withdraw the type-approval certificate issued on the territory of the Republic of Poland in the case of:
1. the negative result of the conformity check:
(a) the production of the vehicle, the object of equipment or
(b) the installation of an installation adapting the type of vehicle concerned to the gas supply;
2. to obtain information that prior to the date of issue of this certificate, a certificate of EC type-approval of a vehicle by other than the Republic of Poland of the Member State of the European Union was issued, in respect of the same type of vehicle;
3) the manufacturer's failure to perform the activities referred to in art. 70u ust. 1.
2. In the case referred to in paragraph. 1 point 1, the Technical Inspection Director shall invite the manufacturer to remove the discrepancy, within 90 days from the date of receipt of the call. In the event of failure to comply with the non-compliance within this time limit, the Technical Inspection Director shall withdraw the type-approval certificate.
Art. 70s. [ The obligation to issue an EC certificate of conformity or a certificate of conformity] 1. Manufacturer of new vehicles shall be obliged:
1. issue:
(a) the EC certificate of conformity or the certificate of conformity, for each vehicle on which the type-approval certificate of the vehicle or the type-approval certificate of the vehicle has been issued, or
(b) certificate of conformity-for each vehicle of type-approval certificate issued for a type of vehicle in accordance with the type-approval procedure of the competent authority other than the Republic of Poland of the Member State of the European Union and recognised in art mode. 70j ust. 1 or Art. 70k ust. 1;
2) make a statement containing the data and information about the vehicle necessary for the registration and records of the vehicle;
3) to include in the user manual or user's guide information containing restrictions or special conditions of installation that affect road safety or environmental protection, if any.
2. In the case of obtaining a permit for entry into the road of the vehicle from the final batch of production, the manufacturer shall be obliged in the statement referred to in paragraph. 1 point 2, indicate the vehicle coverage of the permit.
3. An entity carrying out the installation of a vehicle adapting the type of vehicle to the gas supply shall be issued by an extract of the approval certificate of the installation of the installation of the type of vehicle to be used for the gas supply, for each vehicle, in which the installation was made.
4. The documents referred to in paragraph. 1 and 3, it appears to be the owner of the vehicle.
5. The second of the documents referred to in paragraph. 1 and 3, it shall issue, at the request of the person concerned, the entity which issued it.
6. The manufacturer of the item of equipment or parts is obliged to place:
1. the type-approval mark of the object of equipment or parts, on each of the equipment or parts manufactured, if this obligation results from the relevant technical requirements laid down in the provisions of the European Union or the UNECE regulations. or
2. the name or trade mark and the identification number, in the absence of an obligation as referred to in point 1.
Art. 70t. [ obligation to release the data to obtain the approval certificate] 1. The manufacturer of the vehicle shall be obliged to make available to the manufacturer the items of equipment or parts, data and information necessary to obtain an EC type-approval certificate of the object of the equipment or parts affecting safety in road traffic or environment.
2. The vehicle manufacturer shall have the right to oblige the manufacturer of the object of equipment or parts to protect the confidentiality of any classified information referred to in the paragraph. 1, including those concerning intellectual property rights.
3. The manufacturer of the subject of equipment or parts shall be made available to the manufacturer of the vehicle the data and information containing the restrictions or special conditions of installation having an effect on road safety or the environment.
Art. 70u. [ Actions to remove safety hazards for road traffic or the environment] 1. If the manufacturer, who has obtained an EC type-approval certificate of a vehicle, has stated in a vehicle placed on the market a hazard to safety in road or environmental traffic, it shall be obliged to immediately notify the Transport Director thereof. Technical supervision and take action to remove these risks.
2. In order to remove the risks referred to in paragraph. 1, manufacturer:
1) draw up a plan of action to address the risks, including the scope and timing of the activities;
2) agree on a plan of operations with the Director of Transport Technical Inspection;
3) inform the owner of the vehicle or the keeper of the vehicle referred to in art. 73 (1) 5, of the need to check the technical condition of the vehicle under the manufacturer's service conditions and in the event of a finding of hazards, shall take action to remove them.
3. Upon receipt of the notification referred to in paragraph. 1, and the action plan referred to in paragraph 1. 2 point 1, Director of Transport Technical Inspection:
1) evaluate the action plan;
2) transfer to the authorities of the Member States of the European Union other than the Republic of Poland competent in matters of approval of the action plan together with the information that these activities are sufficient for the removal of threats in the territory of the Republic of Poland;
3) accept the action plan and, in the event of a reservation from the authorities of the Member States of the European Union competent in matters of approval, instruct the manufacturer to include reservations in the action plan;
4) specify the deadlines for information on the implementation and completion of the activities.
4. Director of Technical Inspection of Technical Inspection after receiving from the competent authorities referred to in paragraph 3 point 2, information on the identified risks in the vehicles and the proposal to remove them, in the case of recognition of these activities insufficient on the territory of the Republic of Poland, shall forward its reservations to these authorities.
5. The manufacturer shall inform the Director of Transport Technical Inspection at:
1. the implementation of the measures to address the identified risks within the time limits specified by the Director of Transport Technical Inspection;
2) the completion of the activities, presenting a report on the activities carried out.
6. Where the risks referred to in paragraph are identified. 1. The Director of Transport Technical Inspection shall inform the competent authority of the Member State of the European Union other than the Republic of Poland which issued the EC type-approval certificate of the vehicle, of the identified hazards.
7. In the event of receipt from the competent authority of a Member State of the European Union, information on the identified risks in vehicles placed on the market on the basis of a certificate issued by the Director of the Transport Technical Inspection The EC type-approval of a vehicle, the Director of Transport Technical Inspection shall inform the manufacturer of the risks identified. The provisions of the paragraph 1-5 shall apply mutatis mutandis.
8. The costs of the actions related to the removal of hazards shall be borne by the
Art. 70v. [ The transmission of the data and information to the competent authorities in matters of approval] 1. The Director of Transport Technical Inspection shall communicate to the authorities competent for approval matters:
1. of the Member States of the European Union:
(a) a copy of the EC type-approval certificate of the vehicle, within 20 working days from the date of issue or amendment of the EC type-approval certificate,
(b) the list of issued or refused, amended, withdrawn, expired EC type-approval certificates of the item of equipment or parts, within 20 working days following the end of each quarter, subject to point (c),
(c) the list of issued or issued certificates of EC type-approval of equipment or parts, within five working days after the end of each month in respect of vehicles of categories L, T, C,
(d) information on:
-refusal or withdrawal of an EC type-approval certificate of a vehicle or an EC type-approval certificate for the subject of equipment or parts, together with an indication of the reason, without delay, but not later than 20 working days from the date of refusal. the issue or revocation of the EC type-approval certificate of a vehicle or an EC type-approval certificate for equipment or parts,
-the expiry of an EC type-approval certificate for a vehicle, within 20 working days of the date of expiry of that certificate,
-cessation of the production of a vehicle type for which an EC type-approval certificate of a vehicle has been issued, within 20 working days from the date of receipt of the notification from the vehicle manufacturer of the production of a specific type of vehicle,
-the authorised entry into service of the vehicle by road from the final batch of production for which the EC type-approval certificate of the vehicle has expired, within 20 working days following the end of the calendar year;
2. States party to the Agreement-list of issued or refused, amended, withdrawn, terminated UNECE type-approval certificates-within 20 working days after the end of each quarter.
2. The Director of Transport Technical Inspection shall inform the European Commission of:
1. the withdrawal of an EC type-approval certificate for a vehicle in the event of failure by the manufacturer of the operations referred to in Article 70u ust. 1-not later than 20 working days from the date of withdrawal of the certificate;
2) refusal to issue an EC type-approval certificate of a vehicle or an EC type-approval certificate of an item of equipment or parts, together with an indication of the reason-without delay, but not later than 20 working days from the date of refusal of the vehicle the EC type-approval certificates of a vehicle or an EC type-approval certificate for the equipment or parts respectively.
3. The Director of Transport Technical Inspection, on a request other than the Republic of Poland of a Member State of the European Union, shall forward a copy of the EC type-approval certificate of a vehicle or an EC type-approval certificate issued by him the item of equipment or parts, within 20 working days from the date of receipt of the application.
Art. 70w. [ Control of conformity of vehicle production] 1. The Director of Technical Inspection of Technical Inspection shall carry out a check of conformity of the production of the vehicle, the object of equipment, parts or control of conformity of installation of the installation adapting the given type of vehicle to the gas supply:
1) before issuing a type-approval certificate in respect of the manner and methods of ensuring conformity of production, indicated by the manufacturer in the declaration referred to in art. 70h ust. 5 point 7;
2) before the issuance of an approval certificate of the installation of the installation of a given type of vehicle for gas supply in the manner and methods of ensuring conformity of the installation, indicated in the declaration referred to in art. 70h ust. 6 point 3;
3) in the case of obtaining information about the objections as to:
(a) the manufacture of vehicles, items of equipment or parts not subject to the conditions set out in the relevant type-approval certificate issued in the territory of the Republic of Poland,
(b) installation of an installation of a given type of vehicle for gas supply not in accordance with the conditions specified in the relevant approval certificate of the installation of the type of vehicle to be used for the gas supply, issued on territory of the Republic of Poland
2. The Director of Transport Technical Inspection shall carry out checks on conformity of production referred to in paragraph. 1 point 3 (a), in respect of an EC type-approval certificate, in the case of information on objections declared by the Republic of Poland other than the Republic of Poland, to a type of vehicle, type of item of equipment or parts, found to be reasonable.
3. The control of conformity of production in the case referred to in paragraph. 2, shall be carried out no later than 6 months from the date of receipt of the information on objections.
4. The Director of Transport Technical Inspection may authorize the unit authorized to carry out approval tests, to carry out checks on conformity of the production of the vehicle, the object of equipment or parts, or the control of conformity of installation of the installation an adaptation of the vehicle type concerned to the gas supply referred to in paragraph 1. 1.
5. The provision of the paragraph. 4 shall not apply to the authorized body referred to in Article 4. 70zb ust. 1.
Art. 70x. [ The transfer of information on objections to the vehicle] In the case of receipt of information on objections to the vehicle, the object of the equipment or of the part on which the EC type-approval certificate has been issued by another Member State of the European Union, the Director of Transport Technical Inspection immediately forward this information to the competent authority of the country which issued the EC type-approval certificate.
Art. 70y. [ Entitled tasks] 1. The unit responsible for conducting approval tests, tests confirming the fulfilment of the relevant technical conditions or requirements and the conformity check shall be the entity designated by the Director of Transport Technical Inspection, hereinafter referred to as: hereinafter referred to as "the authorized body".
2. The tasks of the authorized body, according to the scope of the entitlement, shall be:
1. in the case of approval:
(a) conducting approval tests of a vehicle type,
(b) to carry out type-approval tests for the type of equipment or parts
(c) to carry out type-approval tests for the installation of the installation of a given type of vehicle for gas supply,
(d) carrying out checks on conformity of production of the vehicle, the object of the equipment, parts or checks on conformity of the installation of the installation of the vehicle for gas supply;
2. as regards the approval of a single vehicle, the carrying out of tests to confirm that the relevant technical conditions or requirements of the vehicle in question are fulfilled, in order to allow the individual vehicle;
3. within the scope of approval of an individual EC vehicle-carrying out tests confirming the fulfilment of the relevant technical conditions or requirements of the vehicle in question, in order to allow an individual EC vehicle;
4) in the scope of the marketing authorisation-carrying out tests confirming the fulfilment of the technical requirements by the type of object of the equipment or parts.
3. Costs:
1. type-approval tests,
2) control of conformity of production,
3) control of conformity of installation of the installation adapting the given type of vehicle to the gas supply,
4) studies confirming the fulfilment of the technical requirements by the type of subject of equipment or parts
-either the manufacturer or the operator of the installation of an installation adapting the vehicle type concerned to the gas supply.
4. In the case of the authorization of the unit entitled to carry out the inspection referred to in Article 70w ust. The cost of this check shall be borne by the manufacturer or by the operator of the installation of the installation of the vehicle for gas supply, if the result of the check confirms the information on the objections.
(5) The costs of testing demonstrating compliance with the relevant technical conditions or requirements with a view to the individual vehicle approval of the vehicle or the individual EC approval of the vehicle shall be borne by the manufacturer, importer or owner
Art. 70z. [ Application for approval test] 1. The authorized body shall carry out the approval tests, either at the request of the manufacturer or by the installation assembly operator, adapting the vehicle type in question to the gas supply.
2. The manufacturer or the operator of the installation of an installation adapting the type of vehicle to the gas supply shall be accompanied by:
1) an information document drawn up in accordance with the model specified in the provisions issued on the basis of art. 70m ust. 1 point 8;
2. copies of the required EC type-approval certificates for the subject of equipment or parts or of ECE type-approval certificates or other documents proving the fulfilment of the conditions giving rise to the issue of the type-approval certificate, of subject to Article 70m ust. 1 point 1, paragraph 1. 2 and paragraph 3 points 2 and art. 70n ust. 3;
3) copies of the required documents as specified in the UNECE regulations;
4) documents proving compliance with the technical requirements by the type of object of equipment or parts using virtual testing methods-if the manufacturer has applied such methods;
5) vehicle manual with installed installation adapting the given type of vehicle to the gas supply-if required;
6. documents proving that the operator of the installation of the installation of the type of vehicle for the gas supply and its assembling plants have a multi-component exhaust gas analyser and an apparatus for testing the leakage of this installation-if are required;
7. in the case of approval tests carried out for the purpose of obtaining an EC type-approval certificate of a vehicle or a vehicle type-approval certificate, for vehicles produced in small series:
(a) a report containing the results of the type-approval tests of the items of equipment or parts referred to in Article 3 (1) 70m ust. 1,
(b) the documents and the declaration referred to in Article 70h ust. 5 point 1 (e);
8. in the case of approval tests carried out for the purpose of obtaining an EC type-approval certificate of a vehicle or a vehicle type-approval certificate in a mixed procedure referred to in Article 3 (1) of Regulation (EC) 70n ust. 3-reports containing the results of the approval tests of these types of items of equipment or parts.
3. The manufacturer shall submit the application referred to in paragraph 1. 1, may, in relation to the type of object of equipment or parts referred to in Annex XVI to Directive 2007 /46/EC, define the scope of technical requirements, to be checked by using virtual testing methods, by attaching documents confirmatory compliance with the technical requirements of the type of equipment or component.
4. In order to obtain an EC type-approval certificate of a vehicle or type-approval certificate of a vehicle type, the manufacturer in the application referred to in paragraph 1. 1, indicates the approval procedure, step by step, one-step or mixed step according to which approval tests will be carried out.
5. In the framework of the approval tests, the manufacturer shall provide, at the request of the authorized body, at his/her expense, vehicles, items of equipment or parts, in the number and in the number and completion necessary for carrying out the required tests.
6. From the approval test carried out, subject to paragraph (4). 7, the authority shall draw up:
1. the protocol, together with a report containing the results of that test, in the case of vehicle type-approval tests and the manner in which the installation of the vehicle type is fitted to the gas supply, or
2) a report containing the results of this study-in the case of the type of the item of equipment or parts
7. In the case of a manufacturer's definition of the scope of the technical requirements, to verify with the use of virtual testing methods, the authorized body shall carry out the validation procedure referred to in Annex XVI to Directive 2007 /46/EC, from which establishing a report. The unit entitled in agreement with the Technical Inspection Director of Technical Inspection on the basis of the report confirms the possibility of using virtual testing methods.
8. In the report referred to in paragraph. 6, the authorized body shall include information on the EC type-approval tests of the vehicle type, the object of the equipment or parts of the virtual testing methods used in the EC type-approval tests performed.
Art. 70z. [ Designation of an authorized body] 1. The decision of the authorized body shall be carried out by the Director of Transport Technical Inspection, by means of an administrative decision, at the request of the party concerned, upon payment of the fee, the amount of which, depending on the scope of the examination or control must not exceed 40 000 PLN. The decision shall specify the detailed scope of the surveys or checks to which the body is entitled.
2. An authorized entity may be an entity that meets the following conditions:
1) has legal personality;
2) have a staff of knowledge and experience according to the scope of the research or control carried out;
3. possesses the premises, means and equipment for conducting approval tests according to the scope of the entitlement;
4) holds an accreditation certificate issued by the Polish Centre of Accreditation for the inspection body or testing laboratory, according to the scope of the entitlement;
5) is independent and impartial in relation to the entities directly or indirectly related to the conducted research or control.
3. The application shall be accompanied by a statement confirming the fulfilment of the conditions referred to in the paragraph. 2.
4. Director of Transport Technical Inspection prior to the issuance of the decision referred to in paragraph. 1, shall carry out the inspection of the entity concerned in respect of compliance with the conditions referred to in paragraph 1. 2, and shall draw up an evaluation report on the checks carried out.
5. An entity shall have the power to notify the Director of Transport Technical Inspection of the change of data and information and the facts giving rise to the decision referred to in paragraph 1. 1, not later than 14 days from the day of their occurrence.
6. The Director of Transport Technical Inspection, by administrative decision, at the request of the authorized body, amends the entitlement referred to in the paragraph. 1.
7. Information concerning the name, address and extent of the power of the authorized body and the changes to such data The Director of the Transport Technical Inspection shall immediately transmit:
1) the European Commission;
2. UNECE secretariat.
8. In the case of EC type-approval tests and tests confirming the fulfilment of the relevant technical conditions or requirements of the vehicle in question in order to allow the individual vehicle or the individual EC approval of the vehicle, the authorized body may commence the conduct of those studies after the Director of Transport Technical Inspection referred to in paragraph 1. 7.
9. The Minister responsible for transport shall announce, by means of a notice prepared by the Director of Transport Technical Inspection, a list of the units authorised to carry out the approval tests and of the confirmatory tests. the relevant technical conditions and/or technical requirements of the vehicle in order to allow the individual vehicle or EC vehicle approval of the vehicle.
Art. 70zb. [ The manufacturer's request for designation as a unit of entitlement] 1. Manufacturer of vehicles of category M, N, O or an entity by him authorized, meeting the conditions referred to in art. 70za ust. 2 points 1 to 4, in relation to items of equipment or parts produced by that manufacturer, to the extent set out in Annex XV to Directive 2007 /46/EC, may request that it be designated as an authorised entity. For designation, the provisions of Article 4 70za ust. 1 and 3-9, apply accordingly.
2. The unit of power referred to in paragraph 2. 1:
1) carry out type-approval tests only in its own premises;
2. may not carry out type-approval tests for the type of equipment or parts for the purpose of obtaining an EC type-approval certificate of a vehicle with regard to vehicles produced in small series and vehicles of categories L, T or C.
Art. 70zc. [ Supervision of an authorised entity] 1. Supervision of a unit entitled to carry out tests shall be carried out by the Director of Transport Technical Inspection.
2. Within the framework of the supervised supervision, the Director of Transport Technical Supervision:
1) verify the correctness of the tests and the preparation of the protocol
2. at least once every three years shall carry out the inspection of the authorized body referred to in:
(a) Article 70za ust. 1-to comply with the conditions referred to in Article 3. 70za ust. 2,
(b) Article 70zb ust. 1-to comply with the conditions referred to in Article 3. 70za ust. 2 points 1 to 4;
3) carry out the inspection of the authorized body in the case of a notification of a change of the factual situation regarding the conditions referred to in art. 70za ust. 2 point 3.
3. The Director of Transport Technical Inspection shall draw up the evaluation report of the inspection referred to in paragraph 1. 2 points 2 and 3, and referred to in Article 3. 70za ust. 4, and present them to the rightised entity.
4. The Director of Transport Technical Inspection shall present to the European Commission, at the request of the European Commission, the evaluation report of the inspection referred to in paragraph. 2 points 2 or 3 or in Article 70za ust. 4.
5. The Director of Transport Technical Inspection shall call upon the entity authorized to remove within 90 days of the infringements found as a result of the inspections carried out, referred to in paragraph. 2, and suspends its entitlement until these infringements have been removed.
Art. 70zd. [ Withdrawal of the authority of the authorized body] The Director of Transport Technical Inspection shall withdraw, by means of an administrative decision, the power referred to in Article 3. 70za ust. 1 or Art. 70zb ust. 1, where it is found that the unit entitled:
(1) does not meet the conditions laid down in:
(a) Article 70za ust. 2-in the case of the entity referred to in art. 70za ust. 1,
(b) Article 70za ust. 2 points 1 to 4-in the case of the unit referred to in Article 70zb ust. 1;
2) has not removed the breaches within the time limit referred to in art. 70zc ust. 5;
3) has repeatedly carried out tests not in accordance with the rules laid down in the regulations;
4) have repeatedly made the minutes of the approval test, or the report of this test not in accordance with the factual situation;
5) has not notified the Director of Transport Technical Inspection of a change in the data and information and the factual situation giving rise to the issuance of the authority.
Article 70a. [ Authorisation of marketing authorisation] 1. Manufacturer of a new type of the subject of equipment or parts not covered by the approval procedure which may pose a risk to road safety or to the environment in the list of parts or equipment set out in Annex XIII to the Directive 2007 /46/EC is required to obtain a marketing authorisation for that Directive, subject to the provisions of paragraph 1. 5.
2. The marketing authorisation shall issue, by way of an administrative decision, the fee, the Director of Transport Technical Inspection, at the request of the manufacturer, if the type of the subject of the equipment or parts meets the requirements specified in the regulations The European Union. The amount of the fee may not exceed 160 PLN.
3. The application shall be accompanied by:
1) the protocol of testing the fulfilment of the requirements referred to in paragraph. 2, together with the report, issued by the authorized body;
2) a copy of the proof of payment of the fee for the issue or modification of the marketing authorisation;
3. information on the means of marking and packaging items of equipment or parts;
4) statement on the entry to the Central Register of Information on Business Activity or to the Register of Entrepreneurs of the National Court Register;
5) a declaration on the manner and methods of ensuring conformity of production of the object of equipment or parts according to the technical requirements referred to in the paragraph. 1;
6) statement of the following contents:
'I declare that in terms of the type of item of equipment or parts ... I have made only one application and only in one Member State of the European Union'.
4. Examination of the fulfilment of the requirements referred to in paragraph. 2, shall carry out at the request of the manufacturer the unit entitled The competent authority shall draw up the minutes of the test carried out together with a report
5. The obligation referred to in paragraph. 1, not applicable:
1) the original object of equipment or parts which is covered by type-approval in respect of a type of vehicle, the type of the item of equipment or the component for which type-approval has been granted in accordance with the provisions of one of the legal acts to which the list is set out in Annex IV or XI to Directive 2007 /46/EC;
2) the object of equipment or parts produced for the vehicles intended for sports competitions.
6. Items of equipment or parts listed in Annex XIII to Directive 2007 /46/EC, which are used for vehicles intended for sports competitions, may not be placed on the market for use in vehicles intended for use in vehicles intended for use in vehicles intended for use in vehicles intended for use in vehicles intended for use in the navigation on public roads, unless they are granted a marketing authorisation referred to in paragraph 1.
7. Authorisation for admission to trading issued by a competent authority other than the Republic of Poland of a Member State of the European Union, shall be valid in the territory of the Republic of Poland.
Art. 70zf. [ Notice of amendments to the conditions giving rise to the authorisation] 1. The manufacturer shall immediately notify the Director of Transport Technical Inspection of any changes in the conditions for which the marketing authorisation is to be granted.
2. Upon receipt of the notification referred to in paragraph. 1. The Director of Transport Technical Inspection assesses the extent of the changes in relation to the previously issued marketing authorisation, and then immediately informs the manufacturer about:
1) the need to obtain a change of this permit after the test or without any testing;
2. lack of the need to change the data and information contained in the previously issued permit.
3. In the cases referred to in paragraph. Article 2 (1) (2) shall apply mutatis mutandis. 70ze.
Art. 70zg. [ Documents confirming the use of the objects produced] 1. The manufacturer is obliged to ensure that the subject of the equipment or the part intended for placing on the market will be produced in accordance with the conditions constituting the basis for issuing the permit.
2. The manufacturer shall submit to the competent control authority, at the request of the competent control authority, documents proving the use of the equipment and parts produced.
Art. 70zh. [ Control of conformity of production] 1. The Director of Transport Technical Inspection shall carry out an inspection of conformity of production of the object of equipment or parts:
1) prior to the issue of a marketing authorisation in the manner and methods of ensuring conformity of production;
2) in the case of receipt of the information on objections as to the manufacture of items of equipment or parts not according to the terms and conditions specified in the marketing authorisation.
2. The control of conformity of production in the case referred to in paragraph. 1 point 2 shall be carried out no later than 6 months from the date of receipt of the information on objections.
3. In case of a negative result of the conformity of production conformity, the Director of the Transport Technical Inspection shall invite the manufacturer to remedy the deficiencies, within 90 days from the day of receipt of the call. In case of failure to remedy the deficiencies, the Director of Transport Technical Inspection shall withdraw the authorisation.
Art. 70zi. [ Authorisation to carry out conformity checks] 1. The Director of Transport Technical Inspection, may authorize the unit authorized to carry out checks on conformity of the production of the vehicle, the object of the equipment or parts.
2. In the case of the authorization of the unit entitled to carry out the inspection referred to in Article 70zh ust. In accordance with Article 1 (2), the costs of this check shall be borne by the manufacturer if the result of the check confirms the information obtained.
Art. 70zj. [ Fees] The fees referred to in Article 70h ust. 2, art. 70j ust. 4, art. 70k ust. 4, art. 70za ust. 1 and Art. 70s ust. 2, they constitute the revenue of the Transport Technical Inspection.
Art. 70zk. [ Rights and obligations of the manufacturer] The rights and obligations of the manufacturer referred to in:
1. 70d ust. 1-4 and 6-9, art. 70e, art. 70f, art. 70g, art. 70h ust. 1-5, 7, and 8, art. 70m, art. 70n ust. 1 (1) to (3) and (3) 2 and 3, art. 70o, art. 70p ust. 1 (1) and (3) and (3) 2 and 3, art. 70q, art. 70r ust. 1 point 1 (a), points (2) and (3) and (3) 2, art. 70s ust. 1, 2, 4-6, art. 70t, art. 70u, art. 70w ust. 1 point 1, point 3 (a) a and the mouth. 2-5, art. 70z ust. 1-5 and 7 and Art. 70zb shall apply to the entity that is to build a new vehicle;
2. Article 70d ust. 1-4 and 6-9, art. 70e, art. 70f, art. 70g, art. 70h ust. 1-5, 7, and 8, art. 70i, art. 70j, art. 70k, art. 70l ust. 1, art. 70m, art. 70n ust. 1 (1) to (3) and (3) 2 and 3, art. 70o, art. 70p ust. 1 (1) and (3) and (3) 2 and 3, art. 70q, art. 70r ust. 1 point 1 (a), points (2) and (3) and (3) 2, art. 70s ust. 1, 2, 4-6, art. 70t, art. 70u, art. 70w ust. 1 point 1, point 3 (a) a and the mouth. 2-5, art. 70z ust. 1-5 and 7 and Art. 70zb applies to the subject placed on the market in the territory of the Republic of Poland a new vehicle and new items of equipment or parts.
Art. 70zl. [ Delegation] 1. The Minister responsible for transport shall determine, by means of a regulation:
1. the detailed requirements to be met by the applicant for the issue of the power referred to in Article 3. 70za ust. 1 and Art. 70zb ust. 1, in terms of local conditions, means and equipment;
2) the manner and mode of carrying out the checks referred to in Article 70za ust. 4 and Art. 70zc ust. 2 (2) and (3);
3) the model of the assessment report referred to in art. 70za ust. 4 and art. 70zc ust. 3;
4) the amount of the fee for the issuing of the decision referred to in art. 70za ust. 1 and Art. 70zb ust. 1.
2. By issuing the regulation referred to in paragraph 1. The Minister shall take into account:
1) the scope of the entitlement;
2) administrative tasks and costs associated with the issuance of a decision;
(3) the operations and costs involved in carrying out the checks.
Art. 70m. [ Delegation] 1. The Minister responsible for transport shall determine, by means of a regulation, for the vehicle category in question:
1. the scope of the technical requirements in the type-approval procedures and the detailed arrangements for carrying out these procedures;
2. the alternative requirements for the items of equipment or parts used in the approval procedure for vehicles produced in small series;
3) limits of qualified vehicles to a small series;
4. detailed operations of the authorities in type-approval procedures;
5) essential characteristics of the distinguishing category, type, variant or version of the vehicle;
6) the conditions and means of choosing vehicles, items of equipment or parts referred to in art. 70z ust. 5;
7. the scope and manner of carrying out:
(a) approval tests,
(b) conformity of production checks;
8) models of documents related to type-approval and detailed requirements for the documents referred to in art. 70h ust. 5 and art. 70z ust. 2, depending on the type-approval procedure;
9) model and description of the type-approval mark of the item of equipment or parts;
10. the terms of validity of the EC certificates of conformity or certificates of conformity;
11. the amount of the fees for:
(a) issue and revise the type-approval certificate,
(b) recognition of the type-approval certificate of a vehicle type for vehicles produced in small series,
(c) recognition of the type-approval certificate of the vehicle type referred to in Article 70j ust. 4.
2. By issuing the regulation referred to in paragraph 1. The Minister shall take into account:
1) the costs of issuing or amending the type-approval certificates depending on the scope of the certificate;
(2) costs of checking production conformity;
3) the need to ensure the protection of the documents before counterfeit or reprocessing;
4) the need to ensure an adequate level of safety in road traffic and environmental protection.
(3) The Minister responsible for transport shall determine, by means of a regulation, the way in which the number of vehicles belonging to the final production lot and the model documents relating thereto are to be determined, taking account of the need to ensure an appropriate level of the safety of road traffic and environmental protection.
4. The Minister responsible for transport may determine, by means of a regulation:
1) the conditions of the authorisation of the marketing authorisation and the models of documents relating thereto,
2) the scope and means of carrying out checks on conformity of production,
3) the amount of the fee for the authorisation of the marketing authorisation
-having regard to the costs of issuing the marketing authorisation and the need to ensure a proper level of road safety and environmental protection.
5. The Minister responsible for transport shall determine, by means of a regulation:
1) the scope of the technical requirements for the approval procedure of the installation of the installation of a given type of vehicle for gas supply;
2. detailed operations of the authorities in the approval procedure for the installation of the installation of a given type of vehicle for gas supply;
3. the scope and manner of carrying out:
(a) approval tests,
(b) verification of conformity of the installation of the adaptive installation of the vehicle type to the gas supply;
4) models of documents related to the approval of the way of installation of the installation of a given type of vehicle for gas supply;
5. the amount of the fees for the issue and amendment of the approval certificate for the installation of the installation of the type of vehicle to be used for gas supply.
6. By issuing the regulation referred to in paragraph 1. The Minister shall take into account:
1. the costs of issuing or amending the type-approval certificates of the installation of the installation of a given type of vehicle for gas supply, depending on the scope of the certificate;
2) the cost of controlling the conformity of the installation of the adaptive installation of the vehicle type to the gas supply;
3) the need to ensure the protection of the documents before counterfeit or reprocessing;
4) the need to ensure an adequate level of safety in road traffic and environmental protection.
Chapter 1b
Vehicle unit clearance
Art. 70zn. [ Clearance of vehicle] 1. The fulfilment of the relevant technical conditions or requirements of the vehicle, shall be confirmed by the individual approval of the vehicle.
2. Admission of a vehicle, subject to paragraph. 3-6, is subject to new vehicle:
1) before placing on the market in the territory of the Republic of Poland, at which type the manufacturer or importer has not obtained an EC type-approval certificate of a vehicle or a vehicle type-approval certificate;
2) of which type of EC type-approval certificate of the vehicle or type-approval certificate of the vehicle in which the modifications were made in the vehicle before registration, the subject of equipment or parts which affect the change of conditions as a basis for the issue of the type-approval certificate of that vehicle
3. A new vehicle designed and built for use primarily on construction sites, quarries, port facilities or airports, a free-running vehicle, M1 category vehicle intended for sports competitions is not subject to mandatory requirements to obtain a unit approval of a vehicle. The manufacturer of such a vehicle may request an optional authorisation by obtaining a unit approval of the vehicle if the vehicle satisfies the relevant conditions or technical requirements in the procedure for the authorisation of the vehicle unit, specified in the provisions issued on the basis of art. 70zs ust. 1 point 1. The provision does not apply to vehicles referred to in Annex No. 2 to the Act.
4. New Special Vehicle of the Armed Forces of the Republic of Poland, Police, Internal Security Agency, Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service, Central Anti-Corruption Bureau, Government Security Office, Guard The border, the tax inspection bodies, the Customs Service, the Road Transport Inspection, the Prison Service and the fire protection units, or a new vehicle used for special purposes shall not be subject to the obligation to obtain the approval of the vehicle unit. The manufacturer of such a vehicle may request the acquisition of a unit approval of a vehicle if the vehicle satisfies the relevant conditions or technical requirements in the procedure of authorisation of the vehicle unit, as specified in the provisions issued on the vehicle Article 1 70zs ust. 1 point 1.
5. The clearance of the individual vehicle does not apply to trams and trolleybuses.
6. In the case of a vehicle of category M, N, O subject to unit clearance, the Director of Transport Technical Inspection shall, in justified cases, relieve, by way of an administrative decision, an applicant for a unit authorisation from the obligation to the fulfilment of certain technical requirements referred to in Annexes IV and XI to Directive 2007 /46/EC, subject to the application of alternative requirements equivalent to those laid down in those Annexes in the highest possible implementation the area of road safety and environmental protection.
Art. 70zo. [ Grant of a unit of vehicle] 1. The clearance of the individual vehicle shall be granted, by means of an administrative decision, the Director of the Transport Technical Inspection, for a fee, with the amount not exceeding 800 PLN.
2. The clearance of the individual vehicle shall be granted at the request of the manufacturer, the importer, the owner of the vehicle or their authorised representative, established in the territory of a Member State of the European Union.
3. The application referred to in paragraph. 2, shall be accompanied by:
1) an information document drawn up in accordance with the model specified in the provisions issued on the basis of art. 70zs ust. 1 point 1;
2) a test report confirming the fulfilment of the appropriate technical conditions or requirements in order to allow the unit of the vehicle;
3) a copy of the proof of payment of the fee for the unit approval of the vehicle.
Art. 70zp. [ Recognition of the approval of the vehicle unit] 1. Unit approval of a vehicle for a given vehicle by the competent authority of a Member State of the European Union in accordance with the procedure shall be recognized by the Director of Transport Technical Inspection, by administrative decision, if the vehicle in question it meets the relevant conditions or technical requirements which are equivalent to the conditions or requirements valid in the territory of the Republic of Poland.
2. The issue of the decision referred to in the paragraph. 1, at the request of the manufacturer, the importer or the owner of the vehicle, for a fee, with its amount not allowed to exceed 800 PLN.
3. The application referred to in paragraph. 2, shall be accompanied by:
1) a document confirming the unit approval of a vehicle issued by the competent authority of a Member State of the European Union;
2) a document issued by the competent authority of a Member State of the European Union indicating the technical provisions on the basis of which the unit approval of the vehicle has been granted.
4. The Director of Transport Technical Inspection may request additional information about the authorised individual vehicle clearance to the competent authority of a Member State of the European Union.
5. The Director of Transport Technical Inspection, at the request of the competent authority of a Member State of the European Union, shall make available to that authority information about the authorised individual vehicle's approval.
6. In the case where the vehicle, which has obtained the clearance of the vehicle, is to be sold, registered or admitted to traffic in the territory other than the Republic of Poland of the Member State of the European Union, the Director of Transport The technical, at the request of the manufacturer or the owner of the vehicle, shall issue a document indicating the technical provisions on the basis of which the unit approval has been granted.
Art. 70zq. [ Examination of compliance with relevant technical conditions or requirements] 1. Examination confirming the fulfilment of the appropriate technical conditions or requirements and the equivalence of the applied alternative requirements for a given vehicle in order to allow the individual vehicle to carry out the authorized body, upon request the manufacturer, importer or owner of the vehicle.
2. The application referred to in paragraph 2. 1, shall be attached:
1) the information document of the vehicle according to the requirements specified in the provisions issued on the basis of art. 70zs ust. 1 point 1;
2. copies of type-approval certificates or other documents proving compliance with the relevant technical requirements laid down in the provisions of the European Union or the UNECE regulations.
3. From the test carried out, the unit shall draw up a test report confirming the fulfilment of the relevant technical conditions or requirements with a view to the clearance of the vehicle.
Art. 70zr. [ Fees] The fees referred to in Article 70zo para. 1 and Art. 70zp ust. 2, they constitute the revenue of the Transport Technical Inspection.
Art. 70zs. [ Delegation] 1. The Minister responsible for transport shall determine, by means of a regulation:
1) the scope of the technical conditions or requirements in force in the procedure of clearance of the individual vehicle, the scope and manner of conducting the tests confirming the fulfilment of the relevant conditions or technical requirements for the admission of the unit the vehicle and the models of the documents relating to them;
(2) conditions for the assessment of the equivalence of alternative requirements in the procedure for the authorisation of a vehicle;
3) the amount of the fees for the award of the individual vehicle and the issue of the decision on recognition of the approval of a vehicle, issued on a given vehicle by a competent authority other than the Republic of Poland of a Member State of the European Union.
2. By issuing the regulation referred to in paragraph 1. The Minister shall take into account:
1) the need to ensure safety in road traffic and environmental protection;
2) the costs of administrative operations and the costs associated with the granting of a vehicle's individual approval.
Chapter 1c
EC individual approval of the vehicle
Art. 70zt. [ Certificate of approval of an individual EC vehicle] 1. The fulfilment of the relevant technical conditions or requirements of the vehicle in Appendix 2 to Part I of Annex IV to Directive 2007 /46/EC shall be confirmed by a certificate of approval of an individual EC vehicle.
2. The individual EC approval of a vehicle is subject to a new vehicle of category M1 and N1, referred to in Appendix 2 to Part I of Annex IV to Directive 2007 /46/EC, before placing on the market on the territory of the Republic of Poland, on which type the manufacturer or importer has not obtained an EC vehicle type-approval certificate.
Art. 70z. [ Issue of an individual EC certificate of vehicle approval] 1. The certificate of approval of an individual EC vehicle shall issue, by means of an administrative decision, the Director of Transport Technical Inspection, for a fee, with its amount not allowed to exceed 800 PLN.
2. The certificate of approval of an individual EC vehicle shall be issued at the request of the manufacturer, importer or owner of the vehicle
3. The application referred to in paragraph. 2, shall be accompanied by:
1. the documents referred to in point 1 of Appendix 2 to Part I of Annex IV to Directive 2007 /46/EC;
2) a copy of proof of payment of the fee for the individual EC approval of the vehicle;
3) statement of the following contents:
'I declare that, in the field of VIN vehicle number ..., I have made only one application and only in one Member State of the European Union'.
Art. 70zv. [ Examination of compliance with relevant technical conditions or requirements] 1. An examination confirming the fulfilment of the relevant technical conditions or requirements in order to obtain an EC individual approval certificate of a vehicle shall be carried out by the authorized body, at the request of the manufacturer, the importer or the owner
2. The application referred to in paragraph 2. 1, shall be attached:
1. a vehicle information document drawn up in accordance with Annex I to Directive 2007 /46/EC;
2. copies of type-approval certificates or other documents proving compliance with the relevant technical requirements set out in point 4 of Appendix 2 to Part I of Annex IV to Directive 2007 /46/EC.
3. From the test carried out, the body shall draw up a test report confirming the fulfilment of the relevant technical conditions or requirements for the purpose of the individual EC vehicle approval.
Article 70c. [ Charge] The fee referred to in art. 70zu mouth. 1, constitutes the revenue of the Transport Technical Inspection.
Art. 70zx. [ Delegation] 1. The Minister responsible for transport shall determine, by means of a regulation:
1) models of documents relating to the issuance of an individual EC certificate of approval of a vehicle;
2) the amount of fees for issuing an individual EC certificate of approval of a vehicle.
2. By issuing the regulation referred to in paragraph 1. The Minister shall take into account:
1) the need to ensure that documents are protected by counterfeit or reprocessing;
2) the costs of administrative operations and the costs associated with the issuance of an individual EC certificate of vehicle.
Art. 70zy. [ Maximum toll rates] The maximum rates of the fees referred to in Article 70h ust. 2, art. 70j ust. 4, art. 70k ust. 4, art. 70za ust. 1, art. 70s ust. 2, art. 70zo para. 1, art. 70zp ust. 2 and Art. 70zu mouth. 1 shall be amended annually for the following calendar year to the extent corresponding to the average annual price index of consumer goods and services, announced by the President of the Central Statistical Office in the form of a communication, in the Official Journal The Republic of Poland "Monitor Polski".
Art. 70zz. [ Exemption of application of the Regulation] The provisions of Chapters 1a-1c shall not apply to:
1) vintage vehicles or a vehicle as defined in Art. 79 par. 4 point 3;
2) of a new vehicle and new object of equipment or parts not intended for placing on the market, and short-running, stored on the territory of the Republic of Poland between the transport operations-subject to presentation on demand the competent control authority of the documents confirming the consignee and the place where the new vehicle is received and the new object of the equipment or parts.
Chapter 2
Conditions for the admission of vehicles to traffic
Article 71. [ Proof of registration] 1. A document stating admission to the movement of a motor vehicle, agricultural tractor, a free-running vehicle forming part of a tourist queue, a moped or a trailer shall be a registration or a temporary permit. This provision shall not apply to the vehicles referred to in paragraph 1. 3.
2. Vehicles specified in the paragraph. 1 shall be admitted to traffic if they comply with the conditions laid down in the Article. 66 and are registered and fitted with legalized plates (plate), and in the case of motor vehicles, excluding motorcycles, in the control sticker.
3. A vehicle not mentioned in the mouth. 1, a motorbike trailer and a special trailer designed to be drawn by an agricultural tractor or a free-running vehicle shall be permitted to move if it is in accordance with the conditions laid down in Article 4 (1). 66.
4. A combination of vehicles consisting of a motor vehicle with a maximum permissible mass not exceeding 3,5 t and a trailer or a bus and a trailer may be allowed to move after having obtained the appropriate annotation in the vehicle registration command a motor test carried out on the basis of a technical examination. This provision does not apply to motorcycles.
4a. The provision of the paragraph. 4 applies also to the agricultural tractor and the free-running vehicle which is part of the tourist queue. In the case of a tractor, the agricultural tractor may be allowed to move after having obtained the appropriate annotation in the proof of registration with a design speed limit of up to 25 km/h.
5. A vehicle registered abroad is allowed to move, if it meets the required technical conditions and is provided with a registration plate with a registration number consisting of letters of the Latin alphabet and Arabic numerals, subject to art. 59 (1) 2 and 3, and the driver of the vehicle shall have a document stating that the registration has been made.
5a. Where a document stating that the vehicle has been registered as referred to in paragraph 1 5, the right to use the vehicle by the driver is not apparent, the person is obliged to have with himself and to show at the request of the traffic control authority a document confirming this right.
(6) Vehicle imported from the territory of a country which is not a Member State of the European Union, after the release of the vehicle by the Customs Service body to the procedure of release for free circulation, is allowed to move for a period of 30 days.
7. The owner of a vehicle brought from the territory of a Member State of the European Union is obliged to register the vehicle on the territory of the Republic of Poland within 30 days from the day of its bringing.
Article 72. [ Documents required for vehicle registration] 1. The registration shall be made on the basis of:
1) proof of ownership of the vehicle or document confirming the entrusting of the vehicle, referred to in art. 73 (1) 5;
2) the card of the vehicle, if it was issued;
3. the EC certificate of conformity or certificates of conformity, together with a statement containing the data and information about the vehicle necessary for the registration and registration of the vehicle, the clearance of the unit of the vehicle, the decision on recognition of the approval of the vehicle or an individual EC certificate of approval of the vehicle, if required;
4. certificate of positive technical examination of the vehicle, if it is required either proof of the registration of the vehicle or other document issued by the competent authority of the Member State, confirming the execution and the expiry date of the test technical;
5) the registration certificate, if the vehicle was registered;
6) proof of import customs clearance, if the vehicle has been imported from the territory of a country which is not a Member State of the European Union and is registered for the first time;
6a) a document confirming the payment of excise duty in the territory of the country or a document confirming the absence of an obligation to pay excise duties in the territory of the country or a certificate stating the exemption from excise duty, within the meaning of the excise duty regulations, if a passenger car or a vehicle of the type 'car other', a sub-type of 'four-wheel' (type-approval category L7e) or a sub-type of 'light four' (type-approval category L6e) has been imported from the territory of a Member State of the European Union and is registered for the first time;
7) (repealed);
8) (repealed);
9) (repealed).
1a. (repealed).
1b. In the case of the acquisition of a passenger car or of a vehicle referred to in paragraph 1. 1 point 6a, from a specialised sale salon within the meaning of the excise duty provisions, a document confirming payment of excise duty on the territory of the country may be replaced by a statement of the specialised sales salon, that it has an original or a copy a document confirming the payment of excise duty on the territory of the country from that passenger car or vehicle.
2. The requirements of the paragraph. 1 shall not apply to:
1) the vehicle, which was already registered on the territory of the Republic of Poland-within the scope of the paragraph. 1 point 3;
2) the vehicle purchased after forfeiture to the State Treasury or to the local government unit-within the scope of the paragraph. 1 points 2 and 5;
3) a vehicle purchased from the Police, the Internal Security Agency, the Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anti-Corruption Bureau, the Border Guard, the Customs Service or the Armed Forces of the Republic of Poland Polish-in the scope of the mouth. 1 point 5;
4) (repealed);
5) of the vehicle temporarily withdrawn from the movement-within the scope of the paragraph. 1 point 5; in this case, a decision on the temporary withdrawal of the vehicle from the movement shall be required instead of the proof of registration;
6) (repealed);
7. unregistered vehicle referred to in art. 79 par. 4 point 3-in the case of re-registration-in the scope of paragraph 3. 1 point 5;
(8) the vehicle referred to in Article 81 (1) 4 point 3 (a) a-in the scope of paragraph 1 point 4.
2a. In the case of a vehicle imported from the territory of a country which is not a Member State, instead of the registration proof referred to in paragraph 1. In accordance with Article 2 (1) (5), another document stating the registration of a vehicle issued by a competent authority for the registration of vehicles in that State may be presented.
2b. In the case of a vintage vehicle, instead of a registration proof, the statement of the owner of the vehicle, submitted under the rigorous criminal liability for false testimony, is permitted to be presented, that it does not have a registration certificate.
3. In addition, a document confirming the fulfilment of the requirements referred to in Article shall be required. 2 point 39-in relation to historic vehicles.
3a. The EC certificate of conformity or certificate of conformity shall cease to be valid after the expiry of the period specified in the provisions adopted on the basis of Article 70m ust. 1 point 10 and may not be considered as the document referred to in paragraph 1. 1 point 3.
4. In the case of loss of the registration certificate or the vehicle card, instead of those documents shall be provided a certificate, issued by the registration authority competent due to the place of the last registration, confirming the data contained in the lost the document, necessary for registration.
Article 73. [ Registration of vehicle] 1. The registration of the vehicle shall make, at the request of the owner, the starosta competent due to the place of his residence (established), issuing the registration and legalized plates (plate) and the control sticker, if required, of subject to paragraph. 2-5.
2. The registration of a vehicle owned by a multiple-establishment undertaking or any other entity, consisting of a separate business unit, may make an old-age competent due to the establishment of the plant or the entity, upon request the manager of the establishment or a separate organisational unit authorised by the owner.
2a. Registration of vehicles belonging to members of foreign armed forces, civil personnel and family members, and vehicles of their contract contractors, staying in the territory of the Republic of Poland, on the basis of international agreements, upon request the military authorities of these armed forces, shall perform the starosta competent due to the whereabouts of these persons in the territory of the Republic of Poland.
2b. The registrations of vehicles belonging to foreign armed forces residing in the territory of the Republic of Poland, on the basis of international agreements, shall be carried out by the competent authority of the Armed Forces of the Republic of Poland. This authority shall issue the registration and legalized registration plates and the control sticker, unless for a given vehicle the plates (plaque) or the control sticker are not required and the registration number shall be placed directly on the plate the vehicle.
3. Registration of Vehicles of the Armed Forces of the Republic of Poland, Government Security Office, Police, Internal Security Agency, Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service, Central Anti-Corruption Office, Guard The competent authorities of these units shall be carried out by the Border, Treasury and Customs Service. These authorities shall issue the registration and legalized plates (plate) and the control sticker, unless, for a given vehicle, the plates (plaque) or the control sticker are not required and the registration number shall be affixed directly on the vehicle.
3a. Manufacturer of plates, time permits, control stickers and other documents required for the registration of vehicles, as well as starostes pass on the mazowiecka wojewoda for the payment of the evidence: a table of evidence registration, time permits, stickers and other documents required for the registration of vehicles, as well as the legalized registration plates necessary for registration referred to in art. 76 (1) 4. Information on the submitted plates, time permits, control stickers and other documents required for registration and registration plates shall be protected in accordance with the provisions on the protection of information classified with 'secret' or 'top secret' classification.
4. The registration of a vehicle belonging to a diplomatic representative, consular office and special mission of foreign states or an international organisation, as well as their personnel exercising privileges and immunities of diplomacy or consular regulations under the laws, agreements or universally recognized international customs or on the basis of reciprocity shall be carried out by the Mazovian Voivodeship at the request of the Minister responsible for foreign affairs.
5. In the case of entruize the vehicle by a foreign natural or legal person to the Polish entity, the vehicle shall be registered by the specified in the paragraph. 1 competent authority due to the place of residence (domicile) of the Polish entity.
Article 74. [ Time of registration of the vehicle] 1. The time of registration of the vehicle shall be made, in the cases specified in the paragraph. 2, the starosta competent due to the place of residence (seat) of the owner of the vehicle, issuing the time permit and legalized plates (plate) registration.
2. The time of registration shall be made:
1) ex officio-upon submission of an application for registration of a vehicle;
2) at the request of the owner of the vehicle-in order to enable:
(a) to export a vehicle abroad,
b) the passage of the vehicle from the place of its purchase or reception on the territory of the Republic of Poland,
(c) the journey of a vehicle connected with the need to carry out its technical examination or repair;
3) at the request of the authorized body or the research unit of the vehicle manufacturer, the object of the equipment or parts-in order to allow for appropriate testing.
2a. The time of registration referred to in paragraph. In addition to the application for registration of the documents referred to in Article 2, point 1 may be made in the absence of the application for registration of the documents referred 72 par. 1 points 6 and 6a. These documents should be submitted before the issuance of the registration certificate.
2b. The time of registration of the vehicle shall be made conditional upon the owner of the vehicle submitting a declaration that during the period from this registration to the issuance of the registration proof there will be no change in the ownership of the vehicle.
3. The time of registration shall be made for a period not exceeding 30 days, subject to the paragraph. 4. This term may be extended once by 14 days in order to clarify matters relating to vehicle registration.
4. In the case referred to in paragraph. 2 point 3, the registration shall be made for the period resulting from the application, however, not longer than 6 months.
5. After the expiry of the time limit for registration of the time licence and the registration plates shall be returned to the authority which issued them, except in the case referred to in paragraph. 2 point 2 (a) a.
Article 75. [ Registration Fee] 1. If the use of the vehicle depends on specific conditions prescribed by the regulations, the starosta shall enter in the registration certificate or the time permit appropriate reservation.
2. Registration proof, time permit, legalized plates (plaque) and the inspection sticker are issued for a fee and after payment of the registration fee. The fee and the registration fee shall be collected by the registration authority.
3. The registration of a vehicle placed outside the label shall be prohibited, with the exception of the vehicle of the "SAM" brand and of the antique vehicle.
Article 75a. [ Registration Plates] 1. The production of registration plates is a regulated activity within the meaning of the provisions of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. of 2010 No. 220, item. 1447, as of late. zm.) and requires an entry in the register of entrepreneurs producing registration plates, hereinafter referred to as "the register".
2. The activities referred to in paragraph 2. 1, may perform an entrepreneur who meets the following conditions:
1) has the technical capacity to guarantee the execution of registration plates or materials for their manufacture under technical conditions; this condition does not apply to entrepreneurs importing from abroad materials used for the manufacture of products registration plates;
2) it holds a certificate for the conformity of registration plates or materials used for their manufacture with technical conditions;
3. is not an entity in respect of which bankruptcy or liquidation proceedings have been initiated;
4) not to be in arrears with the payment of taxes, fees or social security contributions;
5) he has not been legally convicted of a criminal offence committed in order to achieve a property advantage or a crime against the documents-concerns the natural person or members of the bodies of a legal person.
3. Behind the entrepreneur producing the registration plates referred to in the mouth. 2, the unit shall be:
1) producing license plates with extruded registration numbers;
2) producing license plates without extruded registration numbers;
3. stamping registration numbers;
4) producing or bringing from abroad materials which are of particular importance in the manufacture of license plates;
5) processing materials of particular importance for the production of license plates.
4. Registration boards are manufactured exclusively on request:
1) the competent authority on the matters of registration of vehicles-with the extruded registration numbers;
2) the entrepreneur referred to in the mouth. 3 point 3-without extruded registration numbers.
5. The materials referred to in paragraph. 3 (4) and (5) shall be processed, produced or brought from abroad to an entrepreneur's order referred to in paragraph 3. 2.
6. The entrepreneur referred to in the mouth. 2, keep a record of:
1. the materials for the production of license plates referred to in paragraph. 3 (4) and (5);
2) plates produced;
3) the license plate sold.
Article 75aa. [ Authority competent to keep the register] 1. The authority competent to keep the register shall be the marshal of the voivodship competent due to the entrepreneur's seat.
2. The register may be carried out in the ICT system.
Article 75ab. [ Entry to register] 1. The item in the register shall be made on the basis of the entrepreneur's request, containing the following data
1) the company of the entrepreneur and its registered office and address or address of residence;
2) the number in the Register of Entrepreneurs of the National Court Register or in the Central Register and Information on Business Activity;
3) tax identification number (NIP);
4. the address of the place of establishment and the addresses of the units in which the activity referred to in Article is to be carried out. 75a ust. 1;
5) signature of the entrepreneur and the indication of the date and place of application.
2. Together with the request of the entrepreneur it shall submit:
1) a statement of possession of the certificate referred to in art. 75a ust. 2, point 2, together with the data to enable it to be identified;
2) a certificate or a declaration of impunity for a crime committed in order to achieve a property benefit or a crime against the documents:
(a) a trader, if he is a natural person,
(b) persons-members of the authorities of the bodies of a legal person or a non-legal entity of the organisational unit;
3) statement of the following contents:
" I declare that:
1) the data contained in the application for entry in the register is complete and truthful;
2) I am known to me and I meet the specific conditions for the exercise of the activities referred to in art. 75a ust. 1 and 2 of the Act of 20 June 1997. -Right of road traffic;
3) I have a current document specifying the status of the entity which is a legal person or a non-resident legal entity or a document stating the identity in the case of a natural person. '.
3. The statement referred to in the paragraph. 2 point 2, consists of a rigorous criminal liability for making false statements. The applicant shall be obliged to enter in it the clause of the following text: "I am aware of the criminal responsibility for making a false statement." This clause replaces instructing the body of criminal responsibility for making false statements.
4. The statement referred to in the paragraph. 2 point 3, it shall also include:
1) the company of the entrepreneur and its registered office and address or address of residence;
2) the designation of the place and the date of the declaration;
3) the signature of the person entitled to represent the entrepreneur, with an indication of the name and the name and the function.
5. The Minister responsible for transport shall determine the model of the application referred to in paragraph 1. 1, containing a statement of possession of the certificate referred to in art. 75a ust. 2 point 2, together with the data enabling it to be identified, in the form of an electronic document within the meaning of the Act of 17 February 2005. information on the activities of entities carrying out public tasks (Dz. U. of 2013 r. items 235 and of 2014. items 183).
Article 75ac. [ Certificate of entry in the register] 1. Entry to the register shall be subject to the data specified in Art. 75ab ust. 1 (1) to (4) and information on the certificate referred to in Article 1 75a ust. 2 point 2.
2. The entry in the register is also to be deleted or the entry change.
3. Issuing a certificate of making an entry in the register, the competent marshal of the voivodship defines within it the scope of the entrepreneur's business in the scope of the production of license plates, according to art. 75a ust. 3.
Article 75ad. [ The blatant violation of the operating conditions for the production of license plates] A flagrant violation of the conditions for the production of license plate production activities is a violation of the conditions referred to in art. 75a ust. 2 points 2, 3 and 5 and paragraph 5. 4 and 5, and defined in the provisions concerning the conditions and the manner of production and distribution of the registration plates.
Article 75b. [ Registration Plate Legalization] Registration plates shall be legalised by the competent authority in the case of registration by placing a registration mark on them.
Article 75c. [ Delegation] The Minister responsible for transport, taking into account the need for the proper security of the marketing of the registration plates and the materials of particular importance for the production of registration plates, will determine, by means of a regulation:
1) the conditions of production and the detailed way of distributing the registration plates and legalization signs and keeping the records referred to in art. 75a ust. 6;
2) the mode of legalization of license plates, technical conditions and the pattern of the legalization sign referred to in art. 75b;
3) materials of particular importance for the production of license plates.
Article 75d. [ Selection of manufacturer of the table] The Minister responsible for transport will select the manufacturer of the number of plates, time permits, legalisation marks, control stickers and vehicle cards on the basis of the rules laid down for public procurement.
Article 76. [ Delegation] 1. The Minister responsible for transport shall determine, by means of a regulation:
1) in consultation with the Minister responsible for IT Affairs, the Minister for Internal Affairs and the Minister of National Defence:
(a) conditions and mode of registration of vehicles, the temporary registration of vehicles, the registration of vehicles, subject to the paragraph. 2-3, and specimen registration certificates, temporary licences, control stickers, license plates and other plates, identification features and markings for which the vehicle is supplied, as well as their description,
(b) the conditions for the distribution of the plates, the time licences and the control stickers;
2) the amount of fees for issuing the registration certificate, the time licence and the number plates (s);
3. in consultation with the Minister responsible for computerisation, the detailed activities of the authorities in matters relating to the admission of the vehicle to the movement and the models of documents in these matters.
2. The Minister of National Defence, in agreement with the Minister responsible for computerisation, the Minister for Transport and the Minister responsible for internal affairs will determine, by means of the regulation, the conditions and modality of the registration and the models registration proof and registration plates of vehicles of the Armed Forces of the Republic of Poland and of vehicles belonging to foreign forces residing in the territory of the Republic of Poland, on the basis of international agreements referred to in art. 73 (1) 2b, as well as the organisational units competent in these matters.
2a. The Minister of National Defence, in agreement with the Minister responsible for computerisation, the Minister for Transport and the Minister responsible for internal affairs will determine, by means of the regulation, the conditions and modality of the registration and the models the registration and registration plates of vehicles of the Military Counterintelligence Service and the Military Intelligence Service, as well as the organisational units competent in these cases.
3. Minister responsible for internal affairs in agreement with the Minister responsible for transport, Minister responsible for public finance, minister competent for computerisation and the Minister of National Defence, and after consulting the Minister for Public Affairs and the Minister of National Defence, The Head of the Internal Security Agency, the Head of the Intelligence Agency, Head of the Central Anti-Corruption Bureau will determine, by regulation, the terms and conditions of registration and the models of registration proof and registration plates of vehicles of the Protection Bureau Government, Police, Internal Security Agency, Intelligence Agency, The Central Anti-Corruption Bureau, the Border Guard, the Treasury and Customs Service, as well as the organizational units competent in these matters.
4. The President of the Council of Ministers shall, taking into account the requirements arising from the obligation to protect classified information, shall determine, by means of the order not to be announced:
1) the conditions and mode of registration of vehicles of the Ministry of Interior, National Defence, Internal Security Agency, Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service, Central Anti-Corruption Bureau and Treasury Control, used to carry out the operation and recognition of operations;
2) the special mode and conditions for the transfer of the brigade of registration evidence, time permits, inspection stickers and other documents required for registration and the registration plates referred to in art. 73 (1) 3a;
3) specific requirements for the personalisation of these blinterms.
5. In the Regulations referred to in paragraph. 1-3, account should be taken in particular of:
1) the need to counteract the admission to traffic of vehicles originating from theft;
2) correct security of documents related to registration, registration plates and other markings;
3) costs of the public administration in matters of vehicle registration;
4) the use of the vehicles referred to in paragraph. 2-3, when carrying out the tasks specified in the regulations concerning the Office of the Protection of the Government, Police, Internal Security Agency, Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service, Central Anti-Corruption Bureau, Guard The border, treasury control and the Customs Service.
Article 77. [ Vehicle card] 1. The manufacturer or importer of new vehicles is obliged to issue the card of the vehicle for each motor vehicle placed on the commercial market on the territory of the Republic of Poland.
2. The vehicle card shall be transferred to the vehicle owner.
3. Vehicle card for a motor vehicle, other than that specified in the paragraph. 1, it shall issue, for a fee and upon payment of a registration fee, competent in matters of registration of the starosta upon the first registration of the vehicle on the territory of the Republic of Poland, excluding the historic vehicles and the vehicles referred to in art. 73 (1) 2a, 2b and 4.
4. Minister competent for transport:
1. in agreement with the Ministers responsible for internal affairs and the National Defence, shall determine, by means of a regulation, the conditions and mode of issuing of the vehicle cards and the design of the vehicle card, as well as its description;
2) determine, by way of regulation, the level of charges for the card of the vehicle;
3) determine, by way of regulation, the documents constituting the basis of the data entry into the vehicle card and the activities of units dealing with the distribution, storage and issuing of vehicle cards;
4) will determine, by regulation, the conditions for the distribution of vehicle cards.
5. In the Regulation referred to in paragraph. 4, the importance of these documents for vehicle registration and the amount of costs associated with the printing and distribution of vehicle cards should be taken into account.
Article 78. [ Transfer of vehicle ownership] 1. In the case of transfer to another person of the property of the registered vehicle, the existing owner shall transfer the new owner of the registration and the card of the vehicle, if it was issued.
1a. In the case of transfer to another person of ownership of a vehicle temporarily withdrawn from the movement, the existing owner shall hand over the decision to the new owner on temporary withdrawal of the vehicle and the vehicle card if issued.
2. The owner of the registered vehicle shall be obliged to notify within a period not exceeding 30 days of the starostia by:
1) acquisition or disposal of a vehicle;
(2) a change in the factual situation that requires the data to be changed in the registration command.
3. The events referred to in paragraph. 2, shall be documented in the vehicle card; the corresponding entries shall be made by the starosta.
4. [ 4] The owner or the keeper of the vehicle shall be obliged to indicate, at the request of the authorized body, to whom he has entrusted the vehicle to the driving or use at the designated time, unless the vehicle has been used against his will and knowledge by an unknown person, why he could not Prevent.
5. In the case where the owner or holder of the vehicle is:
1) a legal person,
2) an organisational unit without legal personality, the separate provisions of which confer legal capacity,
3) a unit of local government,
4) a capital company in the organization,
5) an entity in a liquidation state,
6) an entrepreneur not being a natural person,
7) foreign organizational unit
-to provide the information referred to in paragraph 1. 4, the person designated by the authority authorised to represent the entity shall be obliged to represent the entity on the outside, and in the event of failure to appoint such a person, the persons entering the body in accordance with the request of the authority referred to in the paragraph. 4, and the way of representation of the entity.
Art. 78a. [ Temporary withdrawal of the vehicle from traffic] 1. The time of withdrawal of the vehicle from the motion shall, at the request of the owner of the vehicle or the body entrusted with the vehicle in accordance with the provision of art. 73 (1) 5, the starosta competent due to the place of the last registration of the vehicle, issuing a decision on the temporary withdrawal of the vehicle from the traffic.
2. Timing out, at the request of the entities referred to in the paragraph. 1, are registered:
1) heavy goods vehicles and trailers with a maximum permissible weight of 3,5 t;
2. automotive tractors;
3) special vehicles;
4) buses.
(3) A decision on temporary withdrawal of a vehicle from traffic shall be issued by the authority referred to in paragraph 3 for a fee. 1, after the owner of the vehicle or the entity to which the vehicle is entrusted in accordance with the provisions of Article 4 (1). 73 (1) 5, to deposit with this authority registration and license plates.
4. The trip may be temporarily withdrawn from the movement for the period from 2 to 24 months. This period may be extended, but the total period of withdrawal of the vehicle from traffic shall not exceed 48 months from the date of the decision on its temporary withdrawal from traffic.
5. The owner of the vehicle or the entity entrusted with the vehicle in accordance with the provisions of the article. 73 (1) 5, is required to ensure that the vehicle is withdrawn from traffic outside the public road, the zone of residence and the traffic zone. Article Recipe 46 (1) 5 shall apply mutatis mutandis.
6. The minister competent for transport will determine, by regulation, the mode and conditions for temporary withdrawal of vehicles from traffic, the amount of fees depending on the period of withdrawal from traffic, in the amount not higher than 150 zł, and models of documents used in this respect, having regard to the need to prevent the use of vehicles temporarily withdrawn from traffic and the costs incurred by public authorities.
Article 79. [ Unregistering the vehicle] 1. The vehicle shall be unregistered by the competent authority due to the place of the last registration of the vehicle, at the request of its owner, in the case of:
1. the transfer of the vehicle to the operator of the dismantling station or the trader leading the vehicle collection point, on the basis of the vehicle dismantling certificate referred to in paragraph. 2 or in Art. 24 ust. 1 point 2 or art. 33 (1) 3 of the Act of 20 January 2005. the recycling of end-of-life vehicles, or an equivalent document issued in another country;
2) the theft of the vehicle, if its owner has made the relevant statement under criminal responsibility for the false testimony;
3) the export of the vehicle from the country, if the vehicle is registered abroad or sold abroad;
4) destruction (cassation) of the vehicle abroad;
5) documented enduring and complete loss of possession of the vehicle without change in the scope of ownership;
6) the transfer of an incomplete vehicle to the entrepreneur operator of the dismantling station or the entrepreneur leading the vehicle collection point, on the basis of the certificate of acceptance of the incomplete vehicle referred to in art. 25 par. 1 or Art. 33 (1) 3 of the Act of 20 January 2005. the recycling of end-of-life vehicles, or an equivalent document issued in another country;
7) the withdrawal of the vehicle from the market, referred to in art. 70g ust. 5.
2. In the case of a transfer of an entrepreneur to the operator of a dismantling station or an entrepreneur driving a vehicle collection point other than the one specified in the art. 3 point 4 of the Act of 20 January 2005. o the recycling of end-of-life vehicles, for the purpose of its registration, the trader shall issue a certificate of dismantling of the vehicle, corresponding to the requirements laid down for the certificate referred to in Article 24 ust. 1 point 2 or art. 33 (1) 3 of this Act.
3. In the case of failure to submit by the owner of the vehicle a certificate of dismantling of the vehicle referred to in paragraph. 2 or in Art. 24 ust. 1 point 2 or art. 33 (1) 3 of the Act of 20 January 2005. the recycling of end-of-life vehicles, or a certificate of acceptance of an incomplete vehicle as referred to in Article 25 par. 1 or Art. 33 (1) 3 of that Act, or an equivalent document issued in another State, the registration authority, after 30 days from the date of receipt of the certificate from the entrepreneur conducting the dismantling station, shall make the vehicle unregistered from the office.
3a. In the event of receipt of information from the competent authority for the registration of vehicles of a Member State other than the Republic of Poland, about the registration of the vehicle, the registration authority shall make the registration of the vehicle ex officio.
4. The vehicle shall not be re-registered, except for the vehicle:
1) recovered after theft;
2) vintage;
3) at least 25 years of age recognised by a car-maker as being unique or of particular importance for documenting the history of the automotive industry;
4. the tractor and the agricultural trailer;
5) exported from the country or sold abroad, referred to in paragraph. 1 point 3.
5. In the case referred to in paragraph. The condition of the vehicle registration is to bring the toll to the municipality by the owner of the vehicle in order to carry out the tasks related to the maintenance of cleanliness and order in the municipalities. The provision shall not apply to Police vehicles and fire protection units.
6. The Minister responsible for public administration, taking into account, in particular, the costs incurred by the municipalities associated with the removal of the negative effects of the loss of the vehicle and the costs associated with the removal of wrecks, will determine, by means of a regulation, the amount of the fee referred to in paragraph 1. 5.
Article 79a. [ Car Noun Car] 1. A car-branded person shall be a person who:
1) (repealed);
2) has at least an average education;
3) has a 2-year professional practice in the field related to automotive;
4) has a driving licence of categories A, B and C1 or C;
5) she was not punished by the sentence of the court for a deliberate offense;
6) holds a certificate in the field of car-marking issued by an entity accredited to the Polish accreditation system;
7) has been entered on the list of car-makers.
1a. The requirement referred to in paragraph 1. 1 point 3, does not apply to persons who hold a higher education diploma in the field of study in the field of technical sciences of a car specialty.
2. The Starosta shall issue the power to carry out technical examinations if the applicant for his release has the required technical education and practice, has held the required training and passed the qualification examination.
3. The entry shall be made for a fee, for the period resulting from the term of validity of the certificate referred to in paragraph. 1 point 6.
4. In the list of vehicle experts, the name and surname of the assessor and its identification number shall be placed.
5. The list of assessors is generally available.
6. The Minister responsible for transport shall keep a register and a list of car-marking experts.
7. The Minister responsible for transport shall delete the assessor from the list of car-marking experts:
1) after the expiry of the period referred to in paragraph. 3;
2. which does not meet the requirements referred to in paragraph 1. 1 points 2 to 6;
3) in the event of death of the appraisal.
(8) The Minister responsible for transport shall determine, by means of a regulation, the amount of the entry fee for the list of vehicle valuers and the models of the documents relating thereto, in particular the certificate confirming the entry.
Article 79b. [ Reduction of the fee for issuing a new registration certificate] Where the change in the actual state of the address of the owner or the keeper of the vehicle, requiring the issuance of a new proof of registration of the vehicle, has been caused by administrative changes, the district council may, by way of resolution, reduce a fee or release from the payment of the person required to apply for the issue of this document.
Article 79c. [ Territorial changes and registration] In case of establishment, connection, split or abolition of powiats or changes in the name of the district or locality, registration evidence, time permits, registration plates, legalization signs and control stickers issued before the entry date in the life of the provisions constituting, connecting, dividing or abolishing the counties or changing the name of the district or locality shall remain valid.
Article 80. [ Prohibition of entrusts tasks to municipalities] Tasks and competences referred to in Article 73 (1) 1 and 2, art. 74 par. 1, art. 75, art. 77 par. 3 and art. 78 par. 3 may not be entrusted by agreement of the municipality. This provision is not applicable Poviat Warsaw [ 5] .
Chapter 2a
Central Vehicle Records
Art. 80a. [ Central Vehicle Records] 1. A central register of vehicles shall be established, hereinafter referred to as "records".
2. The records shall collect data and information about the vehicles registered and their owners or some of the holders.
3. In the records, a collection of data and information about the vehicles referred to in art shall be extracted. 73 (1) 3, by its placement in a separate IT environment, meeting the requirements in the field of ICT security referred to in the Act of 5 August 2010. on the protection of classified information (Dz. U. Nr 182, pos. 1228 and from 2015. items 21 and 1224).
4. The enrolment shall be carried out by the Minister responsible for informatization in the IT system. Within the meaning of this Act, the Minister shall be the administrator of the data and the information collected in the records.
Art. 80b. [ Data range in the records] 1. In the records shall be collected:
1. data on the vehicle:
(a) the brand, category, type, model, variant and version,
(b) type,
(c) the registration number and the number of the EC type-approval certificate or approval certificate of the vehicle type,
(d) VIN identification number or bodywork number (chassis),
(e) (repealed),
(f) year of manufacture
(g) date of first registration,
(h) the date of the technical examination and the reading of the vehicle's mileage at the
(i) the reservations referred to in Article 75 par. 1,
(j) an indication of the additional technical examination referred to in Article 3. 81 (1) 8 point 4, carried out after the repair resulting from the event causing the liability of the insurance undertaking for the concluded insurance contract specified in Group 3 of Chapter II of the Annex to the Insurance Activity Act;
2. the series and the number of the registration certificate or the time permit and the date of their issue;
3) the series and the number of the card of the vehicle, if issued;
4) the name of the body that made the registration of the vehicle;
5) data on the owner of the vehicle and of the holder referred to in art. 73 (1) 5:
(a) the name and surname (name or company),
(b) the address of the place of residence,
(c) the standard number of the Universal Electronic Population Registration System (PESEL),
(d) REGON identification number;
6. information on:
(a) giving and stamping the bodywork number (chassis),
(b) the theft of the vehicle and its finding,
(c) loss of registration, registration plates, temporary licences and temporary tables and vehicle cards, and their finding,
(d) the retention of the registration certificate or the temporary authorisation,
(e) (repealed);
7) information on the concluded contract of compulsory insurance of civil liability of the holder of the vehicle, specifying:
(a) the name and surname (name or company) of the insured person and his/her address (registered office),
(b) the name of the insurance undertaking which has concluded the contract,
(c) the name, series and number of the document proving the contract,
(d) the date of the contract
(e) the liability of the insurance undertaking
(f) the date of termination.
1a. Records shall also collect the data and information required to allow the vehicle to move and information on the documents and vehicle markings issued:
1. data on the vehicle subject to registration:
(a) destination,
(b) engine capacity and power,
(c) permissible laden mass,
(d) permissible load capacity,
e) number of axles,
(f) the greatest possible axle load,
(g) the permissible laden mass of the towed trailer,
h) number of seats,
(i) date of first registration abroad,
(j) the previous registration number and the name of the authority which made the registration,
(k) subgenus,
(l) fuel types,
(m) average fuel consumption,
(n) maximum laden mass,
(o)
(p) the values of the averaged CO2 emissions for each of those mentioned in the point. l type of fuel,
(r) type of suspension
(s) equipment and type of short-range radar equipment,
(t) name of manufacturer
(u) the wheelbase,
(v) wheelbase (maximum, average and minimum);
2. information on:
(a) the registration certificate, the series, the number and the date of the secondary issue,
(b) the time permit, the date of validity, the date of renewal, the purpose of the issue, the series, the number and the date of the secondary issue,
(c) the vehicle card, the series, number and date of the secondary issue,
(d) control sticker-the date of the secondary issue,
(e) legalisation signs-series, number and date of the secondary issue,
(f) a temporary plate sticker-the date of the second issue,
g) deregistration of the vehicle-the date and cause of the registration,
(h) the disposal of the vehicle-the data of the new owner
(i) temporary withdrawal of the vehicle from the movement and its re-admission to traffic after that withdrawal,
(j) the demonstration of the dismantling of the vehicle referred to in Article 4 (j). 79 par. 2 or in Art. 24 ust. 1 point 2 or art. 33 (1) 3 of the Act of 20 January 2005. the recycling of end-of-life vehicles, or a certificate of acceptance of an incomplete vehicle as referred to in Article 79 par. 2 or in Art. 25 par. 1 or Art. 33 (1) 3 of this Act-the date of issue and the data of the entrepreneur operator of the dismantling station;
3) other data and information constituting the content of official annotations included in the vehicle documents in accordance with the Act and with separate regulations;
4) the identifier of the person making in the database of the posting or alteration of the data and information.
1b. The information in question:
1) in the mouth. 1a, point 1 (a) m and p-accumulates exclusively for passenger cars registered for the first time;
2) in the mouth. 1a, point 1 (a) r-accumulates only for heavy goods vehicles with a maximum permissible weight of 3,5 t and trailers and semi-trailers, which together with the motor vehicle have a maximum permissible mass of 7,0 t, registered for the first time;
3) in the mouth. 1a, point 1 (a) s-accumulates for the first time for motor vehicles;
4) in the mouth. 1a, point 1 (a) u i lit. (v) is collected exclusively for passenger cars registered for the first time in the territory of a Member State of the European Union which have not previously been registered outside the territory of a Member State of the European Union or which have been registered registered for the first time outside the territory of a Member State of the European Union within a period of less than three months before registration in the territory of a Member State of the European Union.
2. The data or information referred to in the paragraph. 1 and paragraph 1a, forward to the records:
1) listed in the paragraph. 1 (1) to (5)-the competent authority on vehicle registration, as soon as the vehicle is registered and, in the cases referred to in point 1 (b), h i lit. j-also the vehicle inspection station which carried out the technical examination of the vehicle, immediately after the vehicle has been executed;
2. those referred to in paragraph 2. 1 point 6:
(a) in point a-the competent authority on the registration of vehicles, as soon as the data in the registration certificate have been changed,
(b) in point b-the competent organisation unit of the Police, as soon as these events occur,
(c) in point c-the competent authority on the registration of vehicles, as soon as information on the occurrence of these events has been made,
(d) in point d-the competent organisational unit of the Police, the Road Transport Inspection, or the Military Gendarmerie or the vehicle inspection station as soon as they have been carried out;
3. those mentioned in paragraph 1. 1 point 7-Information centre as defined by the provisions of the Act of 22 May 2003. on compulsory insurance, the Insurance Guarantee Fund and the Polish Office of Communications Insurance Ininsurers (Dz. U. Nr 124, pos. 1152, as late. zm.), immediately after they have been recorded;
4. as listed in paragraph 1. 1a-the competent authority on vehicle registration, as soon as it is obtained.
3. From the records shall not remove data or information about:
1) the owner or the owner of the vehicle-in the event of their change;
2) the vehicle which has been deregistered.
4. The data controller processing personal data for the purposes of the records shall be exempt from the information obligation specified in the art. 25 par. 1 of the Act of 29 August 1997. on the protection of personal data (Dz. U. of 2002. No. 101, pos. 926, with late. zm.).
Art. 80c. [ Providing data to authorised entities] 1. The data or information collected in the records shall be made available, as far as they are necessary for the execution of their statutory tasks, to the following entities, subject to the paragraph. 2:
1. Police;
1a. Inspectorate Of Road Transport;
2. Military Gendarmerie;
3. Border Guard;
4. the Internal Security Agency and the Intelligence Agency;
(4a) The Central Anti-Corruption Bureau,
5) the service of the Military Contrintelligence Service and the Military Intelligence Service;
(5a) The Head Of The Government Security Office;
6) courts;
7. Prosecutor's Office;
8) treasury control authorities, customs and treasury intelligence;
(9) The Security Guarantee Fund;
9a) Polish Bureau Of Communications Insurers;
9b) the Social Insurance Company-in order to allow the statutory security of the pledge of claims on the contributions to which the collection of the Social Insurance Institution is obliged;
10) to the competent authorities in vehicle registration cases;
10a) guardians of the municipal (urban);
11) Head of the National Criminal Information Centre;
12) court comorators;
13. administrative enforcement authorities and tax authorities;
14) military complements commanders;
(15) the Minister for the Environment;
(16) the Minister for Transport;
17) (repealed);
(17a) the Minister for Social Security, the head of the social assistance centre or the social worker;
18) President of the Central Statistical Office.
2. Data or information about the vehicles referred to in art. 73 (1) 3, shall be made available only to the entities referred to in the paragraph 1 points 1 to 8 and in paragraph 1. 2a.
The data or information collected in the records shall also be made available to the Minister responsible for internal affairs, in order to carry out its statutory tasks, by means of teletransmission devices, without the need to submit a written request.
3. The data or information collected in the records shall also be made available at the request of the owner or the holder of the vehicle referred to in art. 73 (1) 5 of which they concern.
3a. Everyone can obtain, free of charge, confirmation or denial of the conformity of the data contained in the registration certificate or the time permit with the data collected in the records, via the ePUAP referred to in art. 19a of the Act of 17 February 2005. o computerisation of the activities of public entities.
3b. The confirmation or denial referred to in paragraph 1. 3a shall be subject to the following data:
1) the vehicle brand;
2) series and number of the registration certificate or the time permit;
3) the data specified in art. 80b par. 1 point 1 (c), (d), (g) and (5) (a) a and, respectively, lithium. c or lithium d.
3c. In order to obtain the confirmation or denial referred to in paragraph. 3a, it is required to provide all the data indicated in the paragraph. 3b.
3d. The confirmation or denial referred to in the paragraph. 3a, may receive a person whose identity has been established in the manner prescribed in Article 20a par. 1 of the Act of 17 February 2005. o computerisation of the activities of public entities.
3e. The data or information collected in the records shall be made available in electronic form using the ICT system, excluding the data of the owner of the vehicle or of the holder referred to in art. 73 (1) 5, after the identification of the vehicle identifying the vehicle, as defined by the regulations issued on the basis of art. 80e ust. 1.
4. The Minister responsible for computerisation may make available the data or information collected in the records to other entities than those mentioned in the paragraph. 1-3, including natural persons, legal persons or organisational units without legal personality, if they demonstrate their legitimate interest.
5. The data or information collected in the records shall be transferred for re-use for commercial and non-commercial purposes, in a way which precludes the possibility of identifying persons or vehicles, subject to the provisions of the Act of 6 September 2001. on access to public information (Dz. U. No 112, pos. 1198, with late. zm.), if the provisions of the Act do not provide otherwise.
6. The data or information collected in the records shall be made available, subject to the paragraph. 3e and 7 shall, at the reasoned request of the entity concerned, be made in writing or in electronic form using the mechanisms referred to in Article 3. 20a par. 1 of the Act of 17 February 2005. o computerisation of the activities of public entities.
6a. Data or information collected in the records may be made available to foreign entities in order to fulfil the provisions ratified by the Republic of Poland of international agreements, as well as the execution of the act of law established by the organization international to which the Republic of Poland is a member. The mode and manner of data sharing determine the ratified by the Republic of Poland international agreements, acts of law established by the international organization, of which the Republic of Poland is a member or agreement concluded between the competent ministers of the Member States of the European Union.
7. The Minister responsible for the information of information may give his consent, by decision, to make available the data or information collected in the records of the entities referred to in the paragraph. 1, or their organisational units, by means of teletransmissions of data, without the need to submit a written request, if they meet the following conditions together:
1) have facilities for recording in the system, who, when, for what purpose and what data or information it has obtained;
2) have technical and organizational safeguards preventing the use of data or information not in accordance with the purpose of obtaining them;
3) this is justified by the specificity or scope of the tasks or activities performed.
7a. The decision referred to in paragraph 1. 7, it does not appear in the case referred to in paragraph. 2a.
(8) The Minister responsible for computerisation, guided by the need for the harmonisation of proposals and the improvement of the process of making available data from the central vehicle register, will determine, by means of a regulation, the model of the application referred to in paragraph 1. 3 and 6.
Art. 80d. [ Data Sharing Principles] 1. Providing data or information collected in the records shall follow:
(1) free of charge, in the case of:
(a) the entities referred to in Article 80c par. 1, 3 and 6a, and the Minister responsible for internal affairs,
(b) data or information made available on the basis of Article 80c par. 2 and 3;
(2) for payment, in the case of:
(a) the entities referred to in Article 80c par. 4,
(b) data or information made available on the basis of Article 80c par. 5.
2. The Fund-Central Register of Vehicles and Drivers, hereinafter referred to as "the Fund", shall be made available to the Minister responsible for the information of IT.
3. The Fund is a state special-purpose fund.
3a. The bodies and entities required to collect and transfer or pay a record fee shall have an obligation, within the time limit referred to in the provisions issued pursuant to the paragraph. 7:
1) transfer the amounts due to the account of the Fund;
2) draw up and send to the Minister responsible for computerization the monthly reports of the collected and transferred or paid record fees.
(b) The late payment or payment shall be subject to interest on arrears, at the rate of interest due for late payment of the tax liability.
3c. The provisions of Chapter III of the Act of 29 August 1997 apply to the claims on the registration fees and the interest on arrears. -Tax Ordinance (Dz. U. 2012 r. items 749 and 1101), except that the powers of the tax authorities are granted to the Minister competent for information technology.
4. The Fund's arrival shall be:
1) fees charged for providing the data or information from the central records of vehicles and the central register of drivers;
2) the registration fee referred to in art. 75 par. 2, art. 77 par. 3, art. 82 ust. 2 and Art. 150 par. 1;
2a) the registration fee referred to in Art. 8 ust. 4 and 5;
3) the registration fee referred to in art. 30 par. 1 of the Act of 22 May 2003. on compulsory insurance, the Insurance Guarantee Fund and the Polish Office of Communications Insurers;
4) the record fee referred to in Article 10 para. 1, art. 13 (1) 6, art. 14 para. 1, art. 15 para. 5, art. 16 ust. 1 and 5, art. 18 (1) 2, art. 28 para. 8 and 9, art. 31 par. 3, art. 33 (1) Article 2 (1), point 1, 38 par. Article 2 (1), point 1, 58 par. Article 2 (1), point 1, 77 par. Article 2 (1), point 1, 85 (1) 8, art. 87 (1) 3 point 1, art. 97 ust. 3, art. 101 (1) 1 point 3 and paragraph 1 2 point 3, art. 102 (1) 2, art. 103 (1) 3 and 3a, art. 109 (1) 1, 3, and 4, art. 110, art. 115 (1) 6, art. 117 par. 3 points 1 and art. 124 (1) 1 of the Act of 5 January 2011. with driving vehicles, and also in art. 39g ust. 9 point 2 of the Act of 6 September 2001. o road transport (Dz. U. of 2013 r. items 1414, of late. zm.);
4a) the registration fee referred to in Art. 25 par. 1 point 2 of the Act of 19 August 2011. the transport of dangerous goods (Dz. U. Nr. 227, pos. 1367 and Nr. 244, pos. 1454);
(5) interest on late payment for late payment or payment of registration fees;
(6) interest on free funds transferred in accordance with the provisions on public finance;
7) other revenue.
(4a) The payment of claims on account of the charges payable and the interest referred to in paragraph 1 (a) of the Regulation. 3b, it follows the provisions of the Act of 17 June 1966. on enforcement proceedings in the administration (Dz. U. 2012 r. items 1015)-in terms of execution of monetary duties.
5. The expenditure of the Fund shall be allocated to finance expenditure related to the creation, development and functioning of the central vehicle records and central register of drivers, including the National Contact Point, the central records of the cardholders parking spaces and electronic catalogue of brands and types of vehicles approved and admitted to traffic on the territory of the Republic of Poland.
6. The amount of each record fee referred to in art. 75 par. 2, art. 77 par. 3, art. 82 ust. 2 and Art. 150 par. 1 of the Act and in Article 10 para. 1, art. 13 (1) 6, art. 14 para. 1, art. 15 para. 5, art. 16 ust. 1 and 5, art. 18 (1) 2, art. 28 para. 8 and 9, art. 31 par. 3, art. 33 (1) Article 2 (1), point 1, 38 par. Article 2 (1), point 1, 58 par. Article 2 (1), point 1, 77 par. Article 2 (1), point 1, 85 (1) 8, art. 87 (1) 3 point 1, art. 97 ust. 3, art. 101 (1) 1 point 3 and paragraph 1 2 point 3, art. 102 (1) 2, art. 103 (1) 3 and 3a, art. 109 (1) 1, 3, and 4, art. 110, art. 115 (1) 6, art. 117 par. 3 points 1 and art. 124 (1) 3 of the Act of 5 January 2011. with driving vehicles, and also in art. 39g ust. 9 point 2 of the Act of 6 September 2001. of road transport and in art. 25 par. 1 point 2 of the Act of 19 August 2011. the transport of dangerous goods must not exceed the equivalent of EUR 2 million and, in the case of the levy referred to in Article 3, 8 ust. 4 and 5 of the Act, the equivalent in the PLN 50 euro cent, determined using the average rate established by the National Bank of Poland on the date of the announcement of the regulation referred to in the paragraph. 7.
7. The Minister responsible for computerisation in consultation with the Minister responsible for transport, the Minister responsible for Social Security and the Minister responsible for financial institutions shall determine, by means of a regulation:
(1) the amount of the registration fee referred to in Article 3 (1) of the Regulation. 8 ust. 4 and 5, art. 75 par. 2, art. 77 par. 3, art. 82 ust. 2 and Art. 150 par. 1 of the Act and in Article 10 para. 1, art. 13 (1) 6, art. 14 para. 1, art. 15 para. 5, art. 16 ust. 1 and 5, art. 18 (1) 2, art. 28 para. 8 and 9, art. 31 par. 3, art. 33 (1) Article 2 (1), point 1, 38 par. Article 2 (1), point 1, 58 par. Article 2 (1), point 1, 77 par. Article 2 (1), point 1, 85 (1) 8, art. 87 (1) 3 point 1, art. 97 ust. 3, art. 101 (1) 1 point 3 and paragraph 1 2 point 3, art. 102 (1) 2, art. 103 (1) 3 and 3a, art. 109 (1) 1, 3, and 4, art. 110, art. 115 (1) 6, art. 117 par. 3 points 1 and art. 124 (1) 3 of the Act of 5 January 2011. with driving vehicles, and also in art. 39g ust. 9 point 2 of the Act of 6 September 2001. of road transport and in art. 25 par. 1 point 2 of the Act of 19 August 2011. the transport of dangerous goods and the manner in which it is lodged;
2) the procedure and rules for the collection, registration, transfer and settlement of the record fee by the authorities and entities required to download it;
3) a model of the monthly report containing the amounts of the registration fees collected and transferred or paid to the account of the Fund.
8. In the Regulation referred to in paragraph. 7, account shall be taken in particular of:
1) cases of payment of a record fee;
(2) the differentiated amount of the fee, depending on the type of activity to which it is subject to payment;
3) the costs associated with the functioning of the central records of vehicles and the central register of drivers;
(4) the time limits for the transmission and settlement of the registration fee and the transmission of the monthly report on the registration fees collected and transmitted or paid by the authorities and entities required to download it.
Art. 80e. [ Delegation] 1. The Minister responsible for computerisation in consultation with the Minister responsible for public administration, the Minister responsible for transport and the Minister responsible for public finance shall determine, by means of a regulation:
1) how to keep records,
2) the conditions and manner of interoperability of the entities that transmit the data or information to the records, as well as the time limits and the manner of transmission of such data or information,
3) the type or scope of data or information collected in the records, which may be made available to individual entities referred to in art. 80c par. 1, 3 and 4,
4) the type or scope of the data or information collected in the records, which may be made available on the basis of art. 80c par. 3e and 5,
5) data identifying the vehicle referred to in art. 80c par. 3e,
6) the amount of the fees for providing the data or information collected in the records, and the conditions and manner of their submission
-having regard to the need to ensure the security of the data processed in the records and their protection against unauthorised disclosure and access, as well as the possibility of differentiating between the range of data identifying the vehicle and the amount of the charges depending on the the type or extent of the data or information provided.
2. (repealed).
Chapter 2b
(repealed)
Art. 80f. (repealed).
Art. 80g. (repealed).
Art. 80h. (repealed).
Art. 80i. (repealed).
Art. 80j. (repealed).
Chapter 2c
National Contact Point
Art. 80k. [ National Contact Point] 1. The National Contact Point is created at the central register of vehicles.
2. The National Contact Point shall lead the Minister responsible for IT in the ICT system referred to in Art. 80a ust. 4.
3. The National Contact Point shall allow the exchange of information with the relevant national contact points of other Member States of the European Union and with the national authorised entities, in respect of the vehicle data and their owners or holders.
4. The national rightiers shall, to the extent necessary to carry out their statutory tasks:
1. Police;
2. Inspectorate of Road Transport;
3) municipal guards (urban);
4. customs authorities;
5) Border Guard.
5. Exchange of information referred to in paragraph. 3, occurs in connection with the commission of the infringements referred to in paragraph. 6, in particular to facilitate the identification of persons suspected of having committed an infringement while driving a vehicle registered in another Member State of the European Union on the territory of the Republic of Poland or during the driving a vehicle registered in the Republic of Poland on the territory of another Member State of the European Union.
6. The exchange of information referred to in paragraph. 3, occurs in connection with the commission of the following infringements of traffic regulations:
1) not to be used for speed limitation;
2) failure to comply with the obligation to use the safety belts or to carry a child in a child safety seat or other child restraint system;
3. failure to apply to the light signals or signs to stop the vehicle;
4) driving the vehicle after the use of alcohol or in a state of non-slaughterhouse;
5) driving the vehicle after use or under the influence of the intoxicating agent;
6. failure to comply with the obligation to use protective helmets during the driving period;
7) exploiting the road or individual parts of it in a manner that is not intended to be used;
8) use when driving with a telephone requiring holding a headphone or a microphone in hand.
Art. 80l. [ Exchange of information] 1. Exchange of information referred to in art. 80k ust. 3. The National Contact Point shall be implemented using data teletransmissions and the use of the software referred to in Article 3. 15 para. 1 Council Decision 2008 /616/JHA of 23 June 2008 on the implementation of Decision 2008 /615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (Dz. Urz. EU L 210 of 06.08.2008, p. 12), by:
1) making available data to the queries of the national contact points of other European Union Member States;
2) the transfer of queries of national entities entitled to the national contact points of other member states of the European Union;
3. to communicate to national entities the eligible responses to the queries referred to in point 2 granted by the national contact points of the other Member States of the European Union.
2. The National Contact Point shall implement the exchange of information with the national contact points of the other Member States of the European Union in accordance with the procedures set out in points 2 and 3 of Chapter 3 of the Annex to the decision referred to in paragraph 1. 1.
Art. 80m. [ National righteners] National righteners:
1) submit requests for information referred to in art. 80k ust. 3, through the National Contact Point using data teletransmission devices;
2. make available the information obtained to the competent officers or employees of national legal entities entitled to the proceedings;
3) use the ICT solutions adapted to cooperate with the National Contact Point.
Art. 80n. [ Data Processing] National righteners shall process data obtained through the National Contact Point only in relation to the commission of the infringements referred to in Article 3. 80k ust. 6.
Art. 80o. [ Queries] 1. The National Contact Point, on the questions of the national contact points of other Member States of the European Union, shall make available to these points data on:
1. vehicle:
(a) the registration number,
(b) VIN identification number or bodywork number (chassis),
c) country of registration,
(d) the brand,
(e) model,
(f) category;
2) the owner of the vehicle and of the holder referred to in art. 73 (1) 5:
(a) first and last name (name or company),
(b) address of residence (registered office),
(c) the standard number of the Universal Electronic Population Registration System (PESEL),
(d) REGON identification number.
2. National entities authorised in the information requests shall state:
1) country of registration of the vehicle;
2) the registration number of the vehicle;
3) the state of committing the infringement;
4) the date of committing the infringement;
5) an hour of committing the infringement;
6) the type of infringement referred to in art. 80k ust. 6.
Art. 80p. [ Report] 1. The Minister responsible for information shall draw up a report containing:
1) the number of requests for information directed through the National Contact Point to the national contact points of other Member States of the European Union in connection with the commission of the infringements referred to in art. 80k ust. 6, together with the type of the infringements concerned and the number of queries which did not result in the national contact points of the other Member States of the European Union being transmitted by the national contact points of the information referred to in Article 6. 80k ust. 3;
2) the number of infringements referred to in art. 80k ust. 6, in connection with which the queries were addressed through the National Contact Point, including the number of violations:
(a) disclosed by the recording equipment,
(b) in connection with which a notification has been sent to commit the infringement;
3) the number of fatalities involving vehicles registered in other Member States of the European Union.
2. The Minister responsible for information shall communicate to the European Commission the report referred to in paragraph 1. 1, every two years, by 6 May for the period of the previous two calendar years.
3. The report referred to in paragraph 1. 1, shall be drawn up:
1) to the extent referred to in paragraph. 1 point 1-based on the information obtained from the National Contact Point;
2) to the extent referred to in paragraph. 1 (2) and (3), based on information obtained from national righteners.
(4) National competent bodies shall communicate to the Minister responsible for computerisation the information referred to in paragraph 1. 1 points 2 and 3, on the form in electronic form, using data teletransmission devices.
(5) The national competent bodies shall communicate to the Minister responsible for information the information referred to in paragraph 1. 1 points 2 and 3, every two years, by 15 March for the period of two previous calendar years.
Art. 80q. [ Personal data] 1. Personal data processed on the basis of the provisions of this chapter by the National Contact Point and national authorised entities shall apply respectively the provisions of Chapter 4 of the Act of 16 September 2011. to exchange information with law enforcement authorities of the Member States of the European Union (Dz. U. Nr. 230, pos. 1371 and from 2013 items 1650).
2. The personal data referred to in paragraph. 1, may be used only for the purposes specified in Art. 80k ust. 5 and in connection with the committing of the infringements referred to in Article 5. 80k ust. 6.
3. Each interested person shall have the right to obtain information about his or her own personal data, which has been transferred to another Member State of the European Union, including information about the date of submission of the application and the competent authority of another country of a Member State which has acquired these personal data.
Art. 80r. [ Delegation] The Minister responsible for computerisation in agreement with the Minister responsible for transport shall determine, by means of a regulation, a model form for the transmission of the information referred to in Article 4. 80p ust. 4, guided by the scope of the information referred to in art. 80p ust. 1 and the need to harmonise the form of the data transmitted.
Chapter 3
Technical tests of vehicles
Article 81. [ Technical tests of vehicles] 1. The owner of a motor vehicle, an agricultural tractor, a free-running vehicle forming part of a tourist queue, a moped or a trailer is obliged to present it to a technical examination.
2. Technical studies shall be divided into periodical tests, additional tests and tests on compliance with the technical conditions.
3. The periodic technical examination for the first time is carried out before the first registration of the vehicle on the territory of the Republic of Poland.
4. The study referred to in paragraph 1. 3, shall not be subject to:
1) a new vehicle for which an EC certificate of conformity has been issued, a certificate of conformity, a unit approval of a vehicle, a decision on the recognition of a vehicle's individual approval, or an individual EC certificate of approval of a vehicle;
2. registered vehicle:
(a) the type has been issued for an EC type-approval certificate of a vehicle, during the period from the date of first registration abroad until the date of the periodic technical examination fixed pursuant to paragraph 1 of this Regulation. 5, or
(b) in which the proof of registration or other document issued by the competent authority of the Member State submitted for registration is contained in the information on the technical examination carried out and its validity
-except in the case of a taxi, a privileged vehicle or a vehicle suitably adapted or equipped in accordance with the provisions on the carriage of dangerous goods, a vehicle with a technical device to be fitted with a technical device, and a vehicle designed to be constructed for left-hand traffic.
5. The periodic technical examination of the vehicle shall be carried out annually, subject to the paragraph. 6-10.
6. A periodic technical examination of a passenger car, a truck with a maximum permissible weight of not more than 3,5 t, a motorbike or a trailer with a maximum permissible weight of not more than 3,5 t shall be carried out before the end of the 3 year period on the day of first registration, then before the end of five years from the date of the first registration and no later than 2 years from the date of the previous technical examination, and then before the expiry of the following year from the date of the examination. This does not apply to a vehicle carrying dangerous goods, a taxi, a motor vehicle designed to carry persons in the number of 5 to 9, used for the commercial road transport of persons, the vehicle of the brand "SAM", the vehicle fuelled with a gas, a privileged vehicle and a vehicle used for driving instruction or a state examination, which are subject to annual technical testing.
7. The periodic technical examination of the agricultural tractor, the agricultural trailer and the moped shall be carried out before the end of the period of 3 years from the date of the first registration and then before the expiry of each subsequent 2 years from the date of the examination.
8. The provisions of the paragraph. 6 and 7 also apply to the vehicles referred to in paragraph 1. 6 and 7, registered for the first time abroad. In this case, on the day of the first registration referred to in paragraph. 6 and 7, the day of first registration abroad shall be accepted.
9. The periodic technical examination of the bus shall be carried out before the end of the year from the date of first registration and thereafter every 6 months.
10. The light trailer and the historic vehicle shall not be subject to periodic technical testing. In the case of a historic vehicle, used for commercial road transport, it is subject to annual technical tests.
11. Regardless of the tests referred to in paragraph. 3-5, the additional technical test shall be subject to the vehicle:
1) directed by the traffic control body:
(a) in the event of reasonable presuming that it endangers the safety of traffic or is in breach of environmental protection requirements,
(b) which has been involved in a road accident in which the essential load-bearing components of the bodywork, chassis or frame are damaged, subject to paragraph 5, or bearing evidence of damage or whose technical condition indicates a breach of the components of the body the vehicle structure of the vehicle which is capable of posing a risk to road safety;
2) directed by the starostia or at the request of the vehicle holder:
(a) in order to identify or establish the data necessary for its registration,
(b) if it is apparent from the documents required for its registration that it has participated in a road accident or is in breach of the requirements of the environment;
3) in which the design changes or the exchange of elements resulting in the change of data in the registration command are made, subject to art. 66 (1) 4 (5) and (6) (excluding the installation of a gas supply system);
4) which is to be used as a taxi, a privileged vehicle, a vehicle for driving instruction, a vehicle to carry out a state examination or a vehicle properly adapted or equipped in accordance with the provisions on the carriage of dangerous goods by road;
5) in which the repair was made resulting from the event causing the liability of the insurance undertaking of the concluded insurance contract referred to in Section II of Groups 3 and 10 of the Annex to the Act of 11 September 2015. about insurance and reinsurance activities (Dz. U. Entry 1844), with regard to the components of the carrier system, brake or steering equipment affecting the safety of the road;
6) in which, during the technical examination, evidence of damage or violation of load-bearing components of the vehicle structure that could pose a danger to road safety was found;
7) for which the technical requirements have been specified in the provisions on the tax on goods and services, in the income tax regulations of individuals or in the corporate tax regulations;
8) a bus whose permissible speed on the motorway and expressway is 100 km/h, as to compliance with additional technical conditions;
9) for which additional technical requirements have been laid down in the international agreements on international road transport;
10) equipped with an alcohol lock.
11a. The investigation of compliance with the technical conditions is subject to a historic vehicle before the first registration on the territory of the Republic of Poland.
12. A technical examination of the vehicle with a mounted technical device subject to technical supervision may be carried out upon presentation of a document issued by the competent authority of the technical inspection, stating the fitness of the device technical.
12a. Technical examination of a vehicle equipped with an alcoholic blockade shall be carried out upon presentation of a document confirming the calibration of the alcoholic blockade, issued by the manufacturer of the device or his authorised representative, valid by period of 12 months from the day of issue.
13. In the event of difficulties in determining the parameters of the vehicle, the technical examination may be carried out upon presentation of the opinion of the car-marking, referred to in art. 79a.
14. The term of validity of the technical examination of the vehicle referred to in paragraph. Point 3 (b) shall be considered, unless it is longer than the time limit for the validity of the technical examination based on paragraph 3 (b), 5-10.
(15) The Minister responsible for transport will determine, by regulation, the scope and manner of the technical studies and the model documents used for these tests, taking into account, in particular, the scope of technical conditions for vehicles subject to examination.
(16) The Minister responsible for transport, taking into account the need to ensure the safe use of historic vehicles and the scope of the technical conditions for those vehicles subject to the investigation, will determine, by means of a regulation, the scope and the manner of carry out tests of conformity of these vehicles with the technical conditions, model documents related to those tests.
Article 82. [ Date of technical examination] 1. The body making the registration of the vehicle shall enter in the proof of registration the deadline for the technical examination of the vehicle.
2. If the vehicle is registered, another term of the technical examination shall enter into the registration certificate entitled the diagnosis after finding a positive result of the test and after payment by the owner of the vehicle registration fee.
Article 83. [ Vehicle control station] 1. Technical examination shall be carried out at the expense of the owner or the vehicle holder, in:
1) basic vehicle control station-in the scope of:
(a) a periodic technical examination of vehicles of a maximum permissible mass not exceeding 3,5 t, subject to point (c),
(b) additional technical studies in respect of the vehicles referred to in point (a), subject to paragraph (b). 1a,
(c) technical examinations of trailers intended to be connected to vehicles referred to in point (a), provided that the station complies with the requirements referred to in the provisions adopted pursuant to Article 3. 84a ust. 1 point 1 of the Act as regards the length of the control post;
2) of the district vehicle inspection station-in the scope of:
(a) periodic technical examination of all vehicles,
(b) additional technical studies with regard to the vehicles referred to in point (a),
(c) studies as to compliance with the technical conditions of historic vehicles.
1a. Technical examination for testing as to compliance with the technical conditions of the bus, the permissible speed of which on the motorway and express road is 100 km/h, the vehicle intended for the transport of dangerous goods, the historic vehicle, a vehicle of the "SAM" brand, a vehicle in which structural changes have been made or the exchange of elements resulting in a change in the data in the registration command and the vehicle for which the technical requirements are specified in the provisions of the Act of 11 March 2004. o Tax on goods and services, of the Act of 26 July 1991. o personal income tax or the Act of 15 February 1992. on corporate income tax, and for which additional requirements have been laid down in international agreements on international road transport are carried out only in the district vehicle inspection station.
2. The economic activity in the area of driving a vehicle inspection station is a regulated activity within the meaning of the provisions of the Act of 2 July 2004. on the freedom of economic activity and requires the entry of an entry in the register of entrepreneurs conducting a vehicle inspection station.
2a. Vehicle inspections may lead to the following non-entrepreneurs:
1) school or centre of education, training in the professions associated with the repair and operation of vehicles;
2. unit:
(a) the organisation of services subordinate to or supervised by the Minister responsible for internal affairs,
(b) organised or supervised by the Minister of National Defence, the Minister responsible for Health, the Minister responsible for Science and Higher Education or the Minister responsible for transport,
(c) fire protection,
(d) the system of State Medical Rescue.
2b. In relation to the entities referred to in paragraph. 2a, the provisions relating to the undertakings referred to in this Chapter shall apply accordingly.
2c. Public funds transferred to the principal activities of the entities referred to in paragraph 2. 2a, may not be used in connection with the conduct of the economic activities referred to in paragraph. 2.
3. A vehicle inspection station may lead an entrepreneur who:
1) has its seat or place of residence on the territory of the Republic of Poland;
2) is not an entrepreneur in respect of which liquidation has been opened or bankruptcy has been declared;
3) he was not legally convicted of a criminal offence committed in order to achieve a property advantage or a crime against the documents-concerns the natural person or members of the bodies of a legal person;
4. has control and measurement equipment and locality conditions guaranteeing the performance of the relevant technical testing of vehicles in accordance with the detailed modalities of carrying out those tests;
5) has the attestation of conformity of equipment and premises conditions with the requirements according to the scope of the conducted research entered in the register of entrepreneurs conducting the vehicle inspection station;
6) employs certified diagnals.
4. The certificate referred to in paragraph 1. 3 point 5, it shall issue for a fee, by decision, the Director of Transport Technical Inspection, after having verified the vehicle inspection station. The certificate shall remain valid until the actual state for which it has been issued, not longer than 5 years from the date of its issue.
Article 83a. [ Entry into the business register] 1. An authority competent to keep a register of operators carrying out a vehicle inspection station shall be an old age competent for the place where the activity covered by the entry is carried out.
2. When an entrepreneur performs an economic activity referred to in art. 83 (1) 2, in organisational units located in the area of different counties, it shall be obliged to obtain an entry in the separate relevant registers for each of these units.
3. An entry to the register of entrepreneurs conducting a vehicle inspection station shall be carried out at the request of the entrepreneur containing the following data:
1) the company of the entrepreneur and his address and place of residence or place of residence;
2) the number in the Register of Entrepreneurs of the National Court Register or in the Central Register and Information on Business Activity-if such a trader number has;
3) the tax identification number (NIP)-if the entity is obliged to use this number on the basis of rules on the rules of records and identification of taxpayers and payers;
4) address of the operator's vehicle inspection station;
5) the scope of the research the entrepreneur intends to carry out;
6) the names of the employed diagnosticians together with the numbers of their entitlements.
4. Together with the application the entrepreneur shall make a statement of the following content:
" I declare that:
1) the data contained in the application for entry to the register of entrepreneurs conducting the vehicle inspection station are complete and truthful;
2) I am known to me and meet the conditions for doing business in the scope of driving a vehicle inspection station, as set out in the Act of 20 June 1997. -Right of traffic. '.
5. The statement shall also include:
1) the company of the entrepreneur and his/her place of residence or business address;
2) the designation of the place and the date of the declaration;
3) the signature of the person entitled to represent the entrepreneur, with an indication of the name and the name and the function.
5a. The Minister responsible for transport will determine the model of the application for the change of data contained in the register of operators conducting the vehicle inspection station and the model of the request to be removed from the register of entrepreneurs conducting the vehicle inspection station, in the form of electronic documents within the meaning of the Act of 17 February 2005. o computerisation of the activities of public entities.
6. In the register of operators conducting the vehicle inspection station, the data of the entrepreneur referred to in the paragraph shall be placed. 3, with the exception of the address of residence, if it is different from the address of the seat.
7. The Starosta may consent to the placing of the acquired identity characteristics of the vehicle by the vehicle inspection station.
Article 83b. [ Supervision of vehicle control stations] 1. Supervision of the control stations of vehicles shall be exercised by the starosta.
2. In the framework of the performed supervision of the starosta:
1) at least once a year conducts the control of the vehicle control station in the scope of:
a) compliance of the station with the requirements referred to in art. 83 (1) 3,
(b) the regularity of the technical testing of vehicles,
(c) the proper conduct of the required documentation;
2) issue a post-control recommendation and set a deadline for the removal of breaches of the conditions for the pursuit of business activities in the field of driving a
3) issue a decision to ban the operator of a vehicle control station, deleting the entrepreneur from the register of regulated activities, if the entrepreneur:
(a) the statement referred to in Article 83a ust. 4, not in accordance with the facts,
(b) he has not removed breaches of the conditions for the pursuit of his business activities in the pursuit of a vehicle inspection station in the period prescribed by the establishment,
(c) he has grossly breached the conditions for the pursuit of his business activities in the field of driving
3. The Starosta may entrust, by agreement, the control activities to the Director of Transport Technical Inspection.
4. (repealed).
Article 83c. [ Application of the provisions on economic control] The provisions of Chapter 5 of the Act of 2 July 2004 shall apply to the control of economic activities of the trader. about the freedom of economic activity.
Article 84. [ Diagnostic] 1. The technical examination of vehicles shall be carried out engaged in a vehicle inspection station entitled to a diagnosis.
2. The Starosta shall issue the power to perform technical tests, if the applicant has the required technical education and practice, has completed the required training and passed with the result of a positive examination qualification.
2a. Egzamin referred to in paragraph 2, shall be carried out on a fee by the Commission appointed by the Director of Transport Technical Inspection.
2b. By the required technical training and the practice referred to in paragraph 2, shall be understood to mean:
1) higher education in the area of technical sciences of car specialty and documented 6 months of practice at the vehicle inspection station or at the plant (workshop) repair of vehicles on the control or repair station of vehicles, or
2) the average technical education of a car specialty and a documented year of practice at the vehicle inspection station or at the plant (workshop) repair of vehicles on the control station or repair of vehicles, or
3) higher education in the area of technical sciences of speciality other than automobile and documented year of practice at the vehicle inspection station or at the plant (workshop) repair of vehicles on the control or repair station of vehicles, or
4) the average technical education of a speciality other than automobile and documented 2 years of practice at the vehicle inspection station or in the plant (workshop) repair of vehicles on the control station or repair of vehicles.
2c. From the obligation to provide the training referred to in paragraph. 2, there is a exempted person applying for the issue of the power to perform technical studies, which has completed a higher education course in the field of technical sciences covering the knowledge and skills in the field of automotive diagnostics.
2d. The exemption referred to in paragraph 1. 2c, shall be based on the documents attached to the application of documents certifying the completion of higher education.
2e. To the period of practice referred to in paragraph 1. Points (1) and (3), (1) and (3), shall include the practice covered by the study programme, provided that the practice is carried out on the basis of an agreement concluded between the university and the vehicle inspection station or the entity referred to in Article 3 (2) (b) of the basic Regulation. 86 (1) 1.
3. The Starosta withdraws the diagnosis of the power to carry out technical tests, if as a result of the carried out inspection referred to in art. 83 (1) 6 [ 6] , it was found:
1) conduct by the diagnosis of a technical examination not in accordance with the specified scope and method of execution;
2) issue by the diagnosis of the certificate or making an entry to the vehicle registration certificate inaccordance with the factual or regulatory condition.
4. In the event of a withdrawal of the diagnosis of the power to perform the technical tests, the reauthorization shall not be issued earlier than after 5 years from the date on which the decision to withdraw became final.
Art. 84a. [ Delegation] 1. The Minister responsible for transport shall determine, by means of a regulation:
1. detailed requirements in relation to the control station of vehicles carrying out technical tests within the specified scope;
1a) a model of the application for entry in the register of entrepreneurs conducting a vehicle inspection station and a model certificate confirming the entrepreneur's entry into that register;
2) a program of training of the diagnosis, the way of conducting the qualifying examination referred to in art. 84 (1) 2, and the amount of the examination fee and the models of documents relating to the obtaining of the technical test;
3. the amount of the fees for:
(a) the issue of the certificate referred to in Article 83 (1) 3 point 5,
(b) carrying out technical studies.
2. By issuing the regulation referred to in paragraph 1. In particular, the Minister responsible for transport will take into account, in particular, the technical conditions of the vehicles subject to the examination, the need to ensure that the relevant diagnostic tests are qualified and the cost of carrying out the tests.
Article 85. [ Technical examination of trams and trolleybuses] 1. Tram and trolleybuses are subject to separate technical tests.
2. The Minister responsible for transport shall determine, by means of a regulation, the scope, conditions, terms and means of carrying out the technical tests of trams and trolleybuses and the units carrying out those tests, taking into account in particular:
1) the technical conditions of the vehicles subject to examination;
2) the process of the use of essential parts and components of the equipment of those vehicles having a direct impact on the safety of traffic;
3. adequate equipment of the units carrying out the tests.
Article 86. [ Vehicles of uniformed services] 1. For vehicles of the Armed Forces of the Republic of Poland, the Police, the Internal Security Agency, the Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anti-Corruption Bureau, the Government Security Bureau, the Border Guard and Customs services to which the conditions and mode of registration laid down in Article shall apply. 73 (1) 3 and in Article 76 (1) 4 pt. 1 and of vehicles belonging to foreign armed forces residing in the territory of the Republic of Poland, on the basis of international agreements referred to in art. 73 (1) 2b, as well as to the vehicles of the State Fire Service, shall apply the provisions of art. 83 (1) 1, with the exception of the requirement to have an old-age permit referred to in art. 83 (1) 1 point 1 lit. b.
2. Technical tests of vehicles of the services referred to in paragraph. 1, shall be carried out:
1) by authorized organizational cells or vehicle inspection stations run by the services referred to in paragraph. 1, with the exception of foreign armed forces residing in the territory of the Republic of Poland;
2) in the control stations of vehicles carrying on the activities referred to in art. 83 (1) 2.
3. Authorized to carry out technical examinations of the organizational cells or inspection stations referred to in the paragraph. For the purposes of Article 2 (1), they shall have the authority of a vehicle inspection station only in respect of the vehicles of the services referred to in paragraph 1.
4. Minister of Internal Affairs, the Minister for Public Finance and the Minister of National Defence in agreement with the Minister responsible for transport and after consulting the Head of the Internal Security Agency, Head of the Intelligence Agency, Head of the Government Security Bureau and the Head of the Central Anti-Corruption Bureau, as well as the Head of the Military Counterintelligence Service and the Head of the Military Intelligence Service, having regard to the specificities resulting from the purpose of the vehicles of the services concerned in paragraph 1, they shall determine, by means of a regulation:
1) organizational units exercising supervision over organizational cells and control stations of vehicles carrying out technical tests of vehicles and issuing authorization to carry out technical tests, model documents related to the obtaining of the authorisations to carry out the tests and the model authorization to carry them out;
2) the requirements in relation to the organizational cells and control stations of vehicles authorized to carry out technical tests of vehicles;
3) models of documents used for technical testing of vehicles;
4) conditions and deadlines for carrying out technical tests of vehicles;
5) the circumstances permitting the carrying out of technical tests of vehicles, in the control stations of vehicles carrying on the activities referred to in art. 83 (1) 2, which do not have the authority to test the technical vehicles of the services;
6) the rules and conditions of cooperation in the performance of technical tests of vehicles of a different service than the one appropriate for the organizational cell conducting the study.
Art. 86a. (repealed).
SECTION IV
Road safety
Chapter 1
(repealed)
Article 87. (repealed).
Article 88. (repealed).
Article 89. (repealed).
Article 90. (repealed).
Article 91. (repealed).
Article 92. (repealed).
Article 93. (repealed).
Article 94. (repealed).
Article 95. (repealed).
Art. 95a. (repealed).
Article 95b. (repealed).
Article 96. (repealed).
Article 97. (repealed).
Article 97a. (repealed).
Article 97b. (repealed).
Article 98. (repealed).
Art. 98a. (repealed).
Article 99. (repealed).
Article 99a. (repealed).
Article 100. (repealed).
Chapter 1a
Central driver records
Art. 100a. [ Central Drivers ' Records] 1. A central register of drivers shall be established, hereinafter referred to as "records".
2. The records shall collect data on persons holding or revocation of the power to drive motor vehicles or trams, hereinafter referred to as "the powers".
3. The records shall also collect data on persons who do not have the authority to which the criminal measure has been ordered in the form of a ban on driving.
4. The enrolment shall be carried out by the Minister responsible for informatization in the IT system. Within the meaning of this Act, the Minister shall be the administrator of the data collected in the records.
Article 100b. [ Scope of data contained in the records] 1. In the records, the data shall be collected about the persons covered by:
1. first name and surname;
(1a) date and place of birth;
2) the standard number of the Universal Electronic System of Records of Population (PESEL);
3) address of residence;
(4) the nature and extent of the entitlement to be obtained;
5) the date of obtaining the first entitlement, and in the event of his withdrawal-also the date of reacquisition of the entitlement;
6) the expiry date of the entitlement;
7) the number of the document stating the entitlement;
8) restrictions on entitlement;
8a) meeting the requirements for allowances;
9) the name of the authority which issued the document stating the entitlement;
10. concerning:
(a) the detention of the document establishing the authority and its return,
(b) the revocation and restoration of the power
(c) the loss of the document stating the entitlement and the finding,
(d) the application of the criminal measure in the form of a ban
11) the scope and number of the ADR certificate, referred to in the provisions on the transport of dangerous goods, and the period for which it was issued;
12) the scope, number and date of issue of the certificate of professional qualification confirming the acquisition of the initial qualification referred to in art. 39c ust. 1 of the Act of 6 September 2001. road transport;
13) the scope, number and date of issue of the certificate of professional qualification confirming the completion of the periodic training, referred to in art. 39e ust. 1 of the Act of 6 September 2001. road transport;
14) (repealed).
2. The data referred to in paragraph. 1, send to the records:
1. as listed in points 1 to 9 and 14, the competent authority for the issue of documents stating the right to drive vehicles, immediately after the document stating the right to be issued;
2. listed in point 10:
(a) in point a-according to its competence: the competent organisational unit of the Police, Inspectorate of Road Transport or Military Gendarmerie, the authority competent for issuing documents stating the powers to drive vehicles, the prosecutor, the court, College of Offences or any other body authorised to give judgment in cases of misconduct in disciplinary mode [ 7] , as soon as these steps have been completed,
(b) in point (b) the competent authority on the issue of documents stating the powers to drive vehicles, as soon as the decision to do so is taken,
(c) in point (c) the competent authority on the issue of documents stating the powers to drive vehicles, as soon as information on the occurrence of these events has been obtained,
(d) in point d-the court, the college of misconduct or any other body empowered to adjudicate in cases of misconduct in disciplinary procedure, immediately after the decision has been legitimised;
3) listed in point 11-respectively the Marshal of the Voivodship or the Head of the Inspectorate for the Support of the Armed Forces, in accordance with the provisions on the transport of dangerous goods;
4. listed in point 12-the water or the head of the Examination Committee;
5) listed in point 13-the head of the training centre referred to in the provisions of the Act of 6 September 2001. Road transport.
3. The data referred to in paragraph. Point 10 (d), collected in the records, shall be deleted from that register if the conviction on the basis of which the criminal measure in the form of a ban on the driving of vehicles has been imposed has been tarnished. The information on the attack shall be transmitted to the Information Office of the National Criminal Register Information Office.
4. The data controller processing personal data for the purposes of the records shall be exempt from the information obligation specified in the art. 25 par. 1 of the Act referred to in art. 80b par. 4.
Art. 100c. [ Data Sharing] 1. The data collected in the records shall be made available, as far as they are necessary for carrying out their statutory tasks, to the following entities:
1. Police;
1a. Inspectorate Of Road Transport;
2. Military Gendarmerie;
(2a) Head Of The Armed Forces Support Inspectorate;
3. Border Guard;
4. the Internal Security Agency and the Intelligence Agency;
(4a) The Central Anti-Corruption Bureau;
5) the service of the Military Contrintelligence Service and the Military Intelligence Service;
(5a) The Head Of The Government Security Office;
6) courts;
7. Prosecutor's Office;
8. starostom;
8a) guardians of the municipal (urban);
9) Head of the National Criminal Information Centre;
10) treasury control authorities, customs, treasury interviews and cells referred to in art. 11g of the Act of 28 September 1991. about the treasury control (Dz. U. of 2011 r. Nr 41, pos. 214, of late. zm.);
11) military complements commanders;
12) to the issuing entity referred to in the Act of 29 July 2005. a system of digital tachographs (Dz. U. No 180, pos. 1494, with late. zm.);
12a) the minister competent for family affairs;
12b) the Minister responsible for Social Security;
12c) to the competent authority of the debtor referred to in Article 2 point 9 of the Act of 7 September 2007. aid to persons entitled to alimony (Dz. U. of 2015 items 859, with late. zm.);
(13) the Minister for Transport in order to enable the authorities and services authorised to use the Tachonet system to exchange data with authorities and competent services in other countries where the digital tachograph system operates.
1a. [ 8] (repealed).
The data collected in the records shall also be made available to the Minister responsible for the internal affairs, in order to carry out its statutory tasks, by means of teletransmission devices, without the need to submit a written request.
2. The data collected in the records shall also be made available at the request of the person to whom they relate.
2a. Everyone can obtain, free of charge, confirmation or denial of the conformity of the data contained in the document stating the right to drive vehicles with the data collected in the records, via the ePUAP referred to in art. 19a of the Act of 17 February 2005. o computerisation of the activities of public entities.
2b. The confirmation or denial referred to in the paragraph. 2a shall be subject to the data referred to in Article 4 100b ust. 1 (1) and (2), and points 4 to 7. Article 80c (1) 3c and 3d apply accordingly.
3. The Minister competent for information technology may make available, in the form of attestation, the data collected in the records to other entities than those mentioned in the paragraph. 1 and 2, including natural persons, legal persons or organisational entities which do not have legal personality, if they demonstrate their legitimate interest.
4. The data collected in the records shall be made available, subject to the paragraph. 5, on the motivated request of the entity concerned made in writing or in electronic form using the mechanisms set out in the Article. 20a par. 1 of the Act of 17 February 2005. o computerisation of the activities of public entities.
4a. The data collected in the records may be made available to foreign entities in order to comply with the provisions ratified by the Republic of Poland of international agreements, and to implement the act of law established by the international organization, of which the Republic of Poland is a member. The mode and manner of data sharing determine the ratified by the Republic of Poland international agreements, acts of law established by the international organization, of which the Republic of Poland is a member or agreement concluded between the competent ministers of the Member States of the European Union.
5. The Minister responsible for the information of information may give his consent, by decision, to make available the data collected in the records of the entities referred to in the paragraph. 1, or their organisational units, by means of teletransmissions of data, without the need to submit a written request, if they meet the following conditions together:
1) have facilities for recording in the system, who, when, for what purpose and what data he has obtained;
2) have technical and organisational safeguards to prevent the use of data not in accordance with the purpose of obtaining them;
3) this is justified by the specificity or scope of the tasks or activities performed.
6. The decision referred to in paragraph 1. 5, it does not appear in the case referred to in paragraph. 1b.
Art. 100d. [ Repayment for data sharing] 1. The data collected in the records shall be made available:
1) for the entities referred to in art. 100c ust. 1, 2 and 4a, and the Minister responsible for internal affairs, free of charge;
2) for the entities referred to in art. 100c ust. 3-for payment.
2. (repealed).
Art. 100e. [ Delegation] 1. The Minister responsible for computerisation in consultation with the Minister responsible for public administration, the Minister responsible for transport and the Minister responsible for public finance shall determine, by means of a regulation:
1) how to keep records;
2) the conditions and manner of co-operation of the entities which transmit the data to the records;
3) the type of data collected in the records, which may be made available to individual entities referred to in art. 100c ust. 1-3;
4) the amount of fees for making available data collected in the records and the conditions and manner of their submission.
(2) The Regulation should take into account in particular:
1) the organization of the IT system in which the records are kept;
2. the deadlines for the transmission of the data in the records and the manner in which they are transmitted;
3) the range of data made available to individual entities;
4) the differentiated amount of fees depending on the scope of the data provided.
Chapter 2
(repealed)
Article 101. (repealed).
Article 102. (repealed).
Article 103. (repealed).
Article 103a. (repealed).
Article 104. (repealed).
Article 105. (repealed).
Article 106. (repealed).
Article 107. (repealed).
Article 108. (repealed).
Article 109. (repealed).
Article 110. (repealed).
Article 110a. (repealed).
Article 111. (repealed).
Article 112. (repealed).
Article 113. (repealed).
Article 114. [ Eligibility control] 1. The inspection of the qualification shall be subject to:
1. a person with the right to drive a vehicle, addressed by the starost's decision:
(a) (repealed),
b) at the request of the Commandant of the Provincial Police, in the event of exceeding 24 points received on the basis of art. 130 (1) 1;
2) (repealed).
2. (repealed).
3. (repealed).
4. (repealed).
Article 115. (repealed).
Chapter 2a
(repealed)
Art. 115a. (repealed).
Art. 115b. (repealed).
Art. 115c. (repealed).
Art. 115d. (repealed).
Art. 115e. (repealed).
Chapter 2b
(repealed)
Art. 115f. (repealed).
Art. 115g. (repealed).
Art. 115h. (repealed).
Art. 115i. (repealed).
Art. 115j. (repealed).
Art. 115k. (repealed).
Art. 115l. (repealed).
Chapter 3
State Traffic Site
Article 116. [ Provincial Traffic Centres] 1. The Sejmik of the voivodship shall create, after agreement with the minister competent for transport, the voivodship of road traffic centres in the area of the voivodship.
2. The resort is the self-government of the voivodship legal person.
3. The Board of Governors shall exercise supervision of the Centre.
Article 117. [ Site Tasks] 1. The tasks of the site shall be:
1) cooperation with the voivodship of road safety council;
2) cooperation with the old people in the exercise of the supervision of training;
3) organizing state exams checking the qualifications of persons applying for the right to drive vehicles and driving vehicles;
3a) organizing exams checking the qualifications of persons applying for the power to drive vehicles within the scope of a specific international agreement to which the Republic of Poland is a party;
4) conducting qualification courses;
5) conducting 3-day vocational improvement workshops for examiners;
6) conducting courses:
(a) improving for school teachers for pupils who apply for a bicycle card,
(b) road safety education,
(c) reeducation in the field of road safety,
(d) reeducation in the field of anti-drug and drug addiction;
7) organizing classes for students applying for a bicycle card;
8) forwarding the marshal of the voivodship and the starostom with information in the field of convalescence statistics for particular centres of training and instructors;
(9) other than those referred to in points 4 to 8 on traffic and road transport activities.
2. The site may carry out other tasks in the field of road safety.
3. The centre may carry out an economic activity, the results of which will be allocated to the activities referred to in paragraph. 1 and 2.
Article 118. [ Site Director] 1. The site shall be headed by the Director.
2. The Director shall be appointed and dismissed by the Board of Directors of the voivodship.
3. The Board of Directors shall determine the remuneration of the Director.
Article 119. [ The financial economy of the site] 1. The Centre shall conduct a self-contained financial economy on the basis of the principles laid down in this Act.
2. The arrival of the centre shall be:
1) the proceeds of carrying out the tasks referred to in art. 117 par. 1;
2) proceeds from the execution of other tasks in the field of road safety;
3) the proceeds of the activities referred to in art. 117 par. 3.
3. The resort shall bear the costs of:
1) the current maintenance of the site;
2) the performance of tasks referred to in art. 117 par. 1;
3) investments related to the activities of the centre referred to in art. 117;
4) actions to improve road traffic safety in the area of the voivodship, in particular the popularisation of traffic rules and the raising of the driving culture of drivers, to which the centre devotes the remaining free resources, not used with the titles referred to in points 1 to 3.
4. (repealed).
5. The Centre may borrow credits, with the consent of the Board of the voivodship, on a general basis.
6. The assets acquired under the first equipment of the resort constitute its founding fund.
7. The Centre shall keep separate records of the income and costs associated with conducting the training or examination as an educational activity and separate for any other activity.
Article 120. [ Site Statutes] 1. The Sejmik of the voivodship shall give the centre a statute.
2. The Statute of the Centre shall determine in particular its organisation and conditions for the establishment of field branches.
Article 121. [ Delegation] The Minister responsible for transport shall determine by way of regulation:
1. in consultation with the Minister responsible for the budget, financial institutions and public finance affairs-the detailed conditions of the financial economy of the resort and the detailed conditions of the records of the revenues and costs referred to in art. 119 (1) 7;
2) in agreement with the Minister responsible for the work-conditions for the remuneration of examiners.
Chapter 4
(repealed)
Article 122. (repealed).
Article 123. (repealed).
Article 124. (repealed).
Art. 124a. (repealed).
Article 124b. (repealed).
Article 124c. (repealed).
Article 125. (repealed).
Article 126. (repealed).
Article 127. (repealed).
Article 128. (repealed).
CHAPTER V
Traffic control
Chapter 1
Powers of the Police and other bodies
Article 129. [ Tasks and powers of the Police] 1. The watchdog of safety and order of traffic on the roads, directing traffic and controlling its control belong to the Police tasks.
2. A police officer, in connection with the performance of the activities referred to in the paragraph. 1, shall be entitled to:
1) the legitimacy of a participant of the movement and issue it binding commands on how to use the road or use of the vehicle;
2) check the documents required in connection with the driving and use of the vehicle, the permit referred to in art. 106 (1) 1 point 5 of the Act of 5 January 2011. of the driving vehicle, as well as a document confirming the conclusion of a compulsory insurance contract for the liability of the holder of the vehicle or proof of payment of the insurance premium;
2a) to request the presentation of a document confirming the right to use the vehicle referred to in art. 71 (1) 5 if the vehicle is not registered in the name of the person in charge;
(b) the verification of the authorisation referred to in Article 4 (b). 64 par. 1 point 1, or a discharge from that authorisation;
(3) a request to be made by the driving vehicle or by another person who is reasonably suspected of being able to direct the vehicle, to examine the contents of the alcohol or of a measure acting in a similar manner to the vehicle in question. alcohol;
4) check the technical condition, equipment, cargo, dimensions, weight or axle load of the vehicle on the road;
5) checking of the recording of the recording device automatically driving speed, driving time and standstill time, mandatory breaks and rest time;
6. the detention, in the cases provided for in the Act, of the documents stating the right to drive or use the vehicle and the driver card in the cases provided for in art. 14 para. 4 lithium (c) Council Regulation (EEC) No 3821/85 of 20 December 1985 (OJ 1985 L 83, p. on recording equipment used in road transport (Dz. Urz. EC L 370, 31.12.1985, p. 8 and Dz. Urz. EC L 274 of 09.10.1998, p. 1) as amended by Council Regulation (EC) No 2135/98 of 24 September 1998 (OJ 1998 L 31, p. amending Council Regulation (EEC) No 3821/85 on recording equipment in road transport and Directive 88 /599/EEC concerning the application of Council Regulations (EEC) No 3820/85 and Council Regulation (EEC) No 3821/85 (OJ C L thereof, p. 1). Urz. EC L 274 of 09.10.1998, p. 1);
7) issuing instructions:
(a) to a person who has caused an obstacle to road traffic or endangers the safety of the road or the person responsible for maintaining the road,
(b) a controlled participant of the movement, as to the manner in which it is maintained;
8) prevent:
(a) to drive the vehicle to a person who is in a state of intolerance or in the state after the use of alcohol or of a measure similar to that of alcohol,
(b) the use of a vehicle of which the technical condition, the load, the mass or the axle load shall endanger the safety or the order of traffic, cause damage to the road or breach the requirements of the environment,
(c) the use of a vehicle registered in a country which is not a Member State, if it has not shown a document confirming the conclusion of a compulsory insurance contract for the liability of the holder of the vehicle or of proof of payment. insurance premiums,
(d) driving a vehicle by a person who does not have the required documents entitling them to drive or use the vehicle;
9. the use of control and measuring instruments, and in particular the test of the vehicle, the determination of its mass, the pressure of the axles or the speed, the determination of the violation of environmental protection requirements and the determination of the condition of the steering sobriety;
9a) the use of recording equipment;
10) the removal or movement of the vehicle in the cases referred to in art. 130a ust. 1-3;
11) the control of the carriage of dangerous goods by road and the requirements associated with this transport;
12. use of a sound, signalling or illuminating device for issuing binding commands to a participant in traffic;
13. a request for an assessment of the health status of the driving vehicle in the justified case;
13a) to apply to the starost with a request to direct a driver or a person who has permission to direct a tram to the qualification examination, if there are reasonable and serious reservations about the qualification of that person;
14) piloting of vehicles, with the exclusion of non-performing vehicles piloted in accordance with art. 64 par. 1 point 3.
3. The provisions of the paragraph. 2 points 3, 4 and 6 do not apply to the heads and foreigners of diplomatic representations, consular posts and special missions of foreign states and international organisations enjoying the privileges and immunities of diplomacy or consular acts under the laws, agreements or universally recognised international customs or reciprocity, and other persons enjoying these privileges and immunities.
4. Traffic control in relation to the driving vehicles of the Armed Forces of the Republic of Poland and in relation to soldiers serving the active military service directing other vehicles, piloting vehicles, as well as directing traffic in connection with the piloting of military vehicles belongs to the Military Gendarmerie and military ordinance bodies. In this respect, the Military Gendarmerie and the military authorities shall have the powers of the policemen referred to in paragraph 1. 2.
4a. Traffic control may also be carried out by the Border Guard officers or customs authorities to whom the powers referred to in paragraph are entitled. 2 points 1 to 5 and 7 to 12 and in Article 1 130a ust. 4 point 1.
4b. In addition, officers shall refuse the right to enter the territory of the Republic of Poland of the vehicle if:
1. the vehicle is directed by a person who is in a state of impoverity or in the state after the use of alcohol or of a measure acting like alcohol, if it is not possible to secure the vehicle in any other way;
2. the vehicle is directed by a person not having with himself the required documents for driving or using the vehicle, the document concluding the contract of compulsory insurance of the holder's civil liability the vehicle or the payment of the premium for such insurance;
3) the technical condition of the vehicle threatens the safety of the road, causes damage to the road by the vehicle or violates the requirements of environmental protection;
4) the driving of the non-orthopaic vehicle does not have the required authorization or the discharge from this permit.
5. (repealed).
Article 129a. [ Inspection Of Road Transport] 1. Traffic control in relation to the driver of the vehicle:
1) which carries out road transport within the meaning of the Act of 6 September 2001. o road transport,
(2) in respect of which there is a reasonable suspicion that he is driving in a state of impoverity or in a state with alcohol or a measure acting in a similar manner to alcohol,
3) which violated the traffic regulations, in the case of registration of this infringement with the use of:
(a) control and measurement instruments,
(b) portable or installed in a vehicle or on an aircraft of recording equipment,
4) which grossly violated the traffic regulations or caused the threat of its safety,
5) which carries out road transport within the meaning of the Act of 19 August 2011. the transport of dangerous goods.
-it is also necessary for the Road Transport Inspectorate.
2. In the exercise of the exercise of traffic control within the scope referred to in paragraph. 1, the inspectors of the Road Transport Inspectorate shall enjoy the powers set out in the Article. 129 (1) 1 and 2, including the owner or the keeper of the vehicle.
Article 129b. [ Auditing carried out by city guards] 1. Traffic control in the communes or towns that formed the municipal guard (urban) may be performed by municipal guards (urban).
2. The municipal guards (locals) are entitled to carry out traffic control of the following:
1) driving a vehicle not applicable to traffic prohibitions in both directions, specified by the appropriate road sign;
2. a participant in a movement which infringes the provisions of:
(a) the detention or parking of vehicles,
(b) movement of mopeds, bicycles, bike carriages, motor vehicles and the driving of the front or the brushing of animals,
c) pedestrian traffic.
3. In the exercise of the exercise of traffic control within the scope referred to in paragraph. 2, the municipal guards (locals) are authorized to:
1. to stop the vehicle or on the top of the vehicle, with the exception of vehicles which are operated by the persons referred to in paragraph 1. 2 point 1 (b);
2) check the documents required in connection with the driving and use of the vehicle;
3. (repealed);
4) the legitimacy of a participant of the movement and issue it binding commands as to the way of using the road or the use of the vehicle;
5) issuing instructions:
(a) to a person who has caused an obstacle to road traffic or to a threat to his safety,
(b) a controlled participant of the movement, as to the manner in which it is maintained;
6) check the performance of the obligations laid down in Art. 78 par. 2;
7) the request from the owner or the keeper of the vehicle the indication to whom he has entrusted the vehicle to the driving or use within the indicated time.
4. (repealed).
Article 129c. [ Auditing carried out by forest guards] 1. Traffic control in the areas of forests or national parks may be carried out by forest guards or officers of the Park's Strait.
2. The forestry guards and officers of the Park Guard shall be entitled to control the driving of vehicles which do not comply with the regulations or road signs in force on the grounds of forests or national parks, concerning the prohibition of entry, retention or Vehicle parking.
3. In the exercise of the exercise of traffic control within the scope referred to in paragraph. 2, the guards of the forest and the officers of the Park Guard are authorized to:
1) stopping the vehicle;
2) the legitimacy of a traffic participant;
3) to issue instructions as to how to behave on the road.
Art. 129d. [ Auditing carried out on behalf of the road manager] 1. Persons acting on behalf of the manager of the road may perform, in the presence of the Police Officer or the Inspector of Road Transport Inspection, traffic control in relation to vehicles:
1) in respect of compliance with the provisions of the dimensions, weight or pressure of the axles;
2) causing damage to or destruction of the road;
3) polluting or intimidation of the way.
2. In the exercise of the exercise of traffic control within the scope referred to in paragraph. 1, persons acting on behalf of the road manager are authorized to:
1) stopping the vehicle;
2) the legitimacy of a traffic participant and issuing instructions to it, as to the way of using the road or the vehicle;
3) check the documents required in connection with the use of the vehicle;
4) check the technical condition, equipment, cargo, dimensions and the mass or pressure of the axle of the vehicle in the road;
5. the use of control or measuring instruments used in particular to test the vehicle, to determine its dimensions, weight or axle load and to identify any breach of environmental protection requirements;
6. to prevent the driving of a vehicle in excess of the permissible weight or axle load, or to either damage the road or damage the road.
3. In order to verify the mass or pressure of the axle of the vehicle, persons acting on behalf of the road manager, having a driving licence of the relevant category, may direct this vehicle.
4. The provisions of the paragraph. 1-3 shall not apply to persons acting on behalf of the General Director of National Roads and Motorways.
Art. 129e. [ Basis for Audit Execution] 1. Traffic control carried out by municipal guards (municipal), forest guards, Guard officers of the Park and employees of road management is carried out on the basis of the authorization to perform the road traffic control issued by the competent district chief of the (urban) Police.
2. Article 129 (1) 3 shall apply mutatis mutandis to the traffic control carried out by the persons referred to in paragraph 1. 1.
Article 129f. [ Guards ' privileges during the inspection] The guards of the municipal (municipal) guards, the guards of the forest and the officers of the Park Guard in connection with the performance of the traffic control activities are obliged to the time of arrival of the Police prevent the driving of the vehicle to the person there is a reasonable suspicion that it is in a state of impoverity or in a state after the use of alcohol or of a measure acting like alcohol.
Art. 129g. [ Road Transport Inspection Tasks for Disclosure of Road Traffic Regulations] 1. Disclosure by means of stationary recording equipment installed in the road lane of public roads of the following infringements of traffic regulations:
(a) exceeding the permissible speed,
(b) not to be used for light signals
-be part of the Road Transport Inspection.
2. Executing the tasks referred to in the paragraph. 1, Road Transport Inspection:
1) record images of infringements of traffic regulations and processes for the purposes specified in this Act the image of the vehicle affected by the traffic regulations, and the image of the driver of the vehicle, if it is registered and the data including:
(a) the registration number of the vehicle to which the provisions were infringed,
(b) the date, time and determination of the place where the infringement committed,
(c) type of infringement
(d) the owner or the keeper of the vehicle or the driver,
(e) the identification number of the unit
2) in proceedings in cases of misconduct referred to in paragraph. In accordance with the procedure laid down in the Act of 24 August 2001, the Commission shall, in accordance with the law of 24 August 2001, refer to the Court of Justice, in accordance with the procedure laid down in the Act of 24 August 2001, the Commission's decision to punish the -Code of Conduct on Offences (Dz. U. of 2008 No. 133, item. 848, of late. zm.);
3. request the public road manager, excluding roads managed by the General Director of the National Roads and Motorways, for the installation or removal of the recording equipment or enclosures on the device, provided that in the case of concerning equipment recording infringements of traffic regulations with an acceptable speed, the request shall be subject to prior consultation of the competent provincial police commander;
4) purchase and repair and perform the tasks resulting from the current operation and operation of recording equipment and enclosures on these devices, including activities involving the import of data registered by these devices and installation of devices in Installed enclosures in the case of equipment installed by the Road Transport Inspection or the road manager of the application referred to in point 3, as well as for enclosures of the recording equipment belonging to the Police.
3. The tasks of the Inspectorate of Road Transport, referred to in paragraph. 1, performs the Chief Inspector of Road Transport with the assistance of the Main Inspectorate of Road Transport and its field delegations.
4. [ 9] The Minister for Transport shall determine, by Regulation, the manner, mode and technical conditions for the collection, processing, making available and disposal by the Chief Inspector of the Road Transport of persisted images and data, taking into account the documentation and the scope of the activities necessary for the conduct of the proceedings in cases of misconduct referred to in paragraph 1. 1, and the need to protect recorded data from unauthorised interference and disclosure.
5. The Minister responsible for transport, in agreement with the Minister responsible for the internal affairs and the Minister of Justice, taking into account the scope of the necessary data and the need to ensure uniformity of documents, will determine, on the way the Regulations, models of documents used by the Chief Inspector of Road Transport in the proceedings referred to in the paragraph. 2 point 2.
Art. 129h. [ Information to be registered in case of violation of traffic regulations] 1. To the extent referred to in art. 129g ust. 1, the registration shall be subject in particular to:
1) the image of the infringement, including the image of the vehicle, the driver of which violated the traffic regulations, along with the registration number of the vehicle;
2) the date and time of committing the infringement;
3. the identification number of the recording equipment;
-and in the case of exceedances by the driver of the vehicle speed limit, the following shall also be recorded:
4) the speed with which the vehicle was moved;
5) speed allowed at the place and time of committing the infringement.
2. In particularly justified road safety cases the Inspection of Road Transport may reveal infringements of traffic regulations in the scope referred to in art. 129g ust. 1 lit. a, also by means of recording equipment, which reveal infringements of traffic regulations on a specific section of the road. In that case, they shall record in particular:
1) the image of the vehicle to which the driver violated the traffic regulations, together with the vehicle registration number;
2) the date, time and determination of the section of the road on which the infringement was committed;
3) the average speed with which the vehicle was moving on the distance of the road on which the infringement was committed;
4) the permissible speed on the section of the road on which the infringement was committed, at the time of its committing;
5. the identification number of the recording device.
3. The Chief Inspector of Road Transport shall determine the registration of the owner or the holder of the vehicle which has been infringed by the road traffic regulations, on the basis of data and information:
1. as referred to in paragraph 1. 1 and 2;
2) from the central records of vehicles and the central register of drivers made available by means of the IT system;
3) obtained in connection with the conduct of the proceedings, in particular from the Polish and foreign bodies registering the vehicle.
4. The Chief Inspector of Road Transport, processing personal data in the scope referred to in the paragraph. 3, shall be exempt from the information obligation laid down in the Article. 25 par. 1 of the Act referred to in art. 80b par. 4.
5. The Minister responsible for transport, with a view to the causes and location of road accidents, to counteract these accidents and to implement driving vehicles to comply with traffic regulations, will determine, by means of a regulation:
1. the conditions of the location in the road belt of public roads of stationary recording equipment and enclosures on these devices, taking into account the principle that the enclosure is installed and used together with the recording equipment;
2) the way of marking stationary recording equipment and enclosures on these devices, taking into account the preventative impact by ensuring adequate visibility;
3) how the recording equipment will make measurements, taking into account the speed thresholds adapted to the speed limit, and the processing of the recorded data, and taking into account the possibility of driver error of up to 10 km/h, including the maintenance of the permissible speed;
4) (repealed).
Art. 129i. [ A study to determine the amount of alcohol in the body] 1. An examination to determine the contents in the body of alcohol shall be carried out using electronic devices measuring the concentration of alcohol in the exhaled air.
2. The provision of the paragraph. 1 shall not apply if the condition of the person subject to examination makes it impossible for him to carry out an electronic device or the person refuses to undergo such examination. In this case, the determination of the contents in the body of alcohol shall be based on a blood or urine test.
3. An examination to determine the contents in the body of alcohol may also be carried out in the absence of a steering consent, of which it should be prejudiced.
4. Conditions and the manner of conducting the tests referred to in paragraph. 1 and 2, sets out the Act of 26 October 1982. of the upbringing in sobriety and counteracting alcoholism (Dz. U. 2007 Nr 70, poz. 473, as of late. zm.).
Article 129j. [ A study to determine the presence of a measure acting similarly to alcohol in the body] 1. An examination to determine in the body the presence of a measure acting similarly to the alcohol shall be carried out using methods that do not require laboratory testing.
2. The provision of the paragraph. 1 shall not apply if the condition of the person subject to the test prevents it from carrying out a method which does not require laboratory examination or the person refuses to undergo such examination. In this case, the presence of an alcohol-like agent in the body is determined by a blood or urine test.
3. A blood or urine test is allowed as a follow-up to the study performed by the method referred to in paragraph. 1, or if it is not possible to use this method.
4. A study to determine the presence in the body of a measure acting similarly to alcohol, in the manner specified in the mouth. 2 and 3, may also be carried out in the absence of consent of the person subject to the examination, of which shall be prejudiced.
5. The Minister responsible for health, having regard to the effects on the driver of the driver of measures acting in a similar way to alcohol, shall determine by way of regulation:
1. the list of these measures;
2) the conditions and manner of carrying out the tests for their presence in the body.
Article 129k. [ Examination of the content in the body of alcohol or of a measure acting similarly to the alcohol of persons involved in a road accident] 1. In the event of participation in a road accident in which he is killed or injured, the driver of the vehicle shall be tested for content in the body of alcohol or of a measure acting similarly to alcohol.
2. The research referred to in paragraph 2. 1, another person may also be subjected if there is a reasonable suspicion that she may have directed the vehicle involved in the road accident in which he is killed or injured.
3. The persons referred to in paragraph. 1 and 2, they have the right to request from the traffic control authority to carry out a blood or urine test to determine the contents in the body of alcohol or a measure acting like alcohol.
Article 130. [ Accountancy of drivers infringing the rules] 1. Police keep records of drivers violating traffic regulations. The specified violation shall be assigned an appropriate number of points on a scale from 0 to 10 and shall be entered in that record.
1a. In the records, the police shall also enter into infringements of traffic regulations which have not been attributed to the point value.
2. Points for violation of traffic regulations entered in the records shall be deleted after 1 year from the date of the infringement, unless before the end of this period the driver has committed infringements, for which, on the basis of final decisions attributed to the number of points would exceed 24 points or in the case of drivers referred to in art. 140 par. 1 points 3-20 points.
3. The driver entered in the records referred to in the mouth. 1, may at its own expense participate in the training, whose rectal will result in a reduction in the number of points for violation of traffic regulations. This does not apply to the driver within 1 year from the day of issue for the first time of the driving licence.
3a. The provisions of the paragraph. 1-3 shall apply to persons holding a licence to drive a tram.
4. Minister for Internal Affairs, in agreement with the Minister of Transport, and the Minister of Justice, with a view to the discipline and implementation of driving vehicles to comply with the provisions of the Act and to prevent the multiple violations of road traffic regulations shall determine, by means of a regulation:
1) the way of scoring and the number of points corresponding to the violation of traffic regulations;
2) the conditions and manner of keeping the records referred to in paragraph. 1, and the mode of occurrence with requests for review of qualifications;
3. the training programme and the units authorised to conduct the training referred to in paragraph 1. 3;
4) the number of points deducted from the trainings received;
5) entities entitled to obtain the information contained in the records referred to in the paragraph. 1.
Article 130a. [ Costs of removing the vehicle from the road] 1. The vehicle is removed from the road at the expense of the owner in the case of:
1) leave the vehicle at the place where it is prohibited and obstructs the movement or otherwise threatens security;
2) not showing by the direction of the document confirming the conclusion of the contract of compulsory insurance of the civil liability of the vehicle holder or proof of payment of the insurance premium for this insurance, if the vehicle is registered in the country, of which Article 129 (1) 2 point 8 (c);
3) exceeding the dimensions, permissible laden mass or axle loads defined in the road traffic regulations, unless there is a possibility of directing the vehicle on a nearby road on which the movement of such a vehicle is permissible;
4) leave the vehicle unmarked with the parking card, in the place intended for the vehicle operated by the persons mentioned in the art. 8 ust. 1 and 2;
5) leave the vehicle at the place of validity of the sign indicating that the parked vehicle will be removed at the expense of the owner;
6. to drive it by a person who does not have the right to drive or to retain his driving licence and is not able to secure the vehicle by passing it on to the person in the vehicle and having the right to drive it a vehicle, unless it has received the receipt referred to in Article 135 par. 2.
1a. The vehicle shall be removed from the road at the cost of the road toll in the case referred to in art. 140ad para. 2 point 2.
2. The vehicle may be removed from the road at the expense of the owner, if it is not possible to secure it in any other way, where:
1) he was headed by a person:
(a) which is in a state of non-slaughterhouse or in a state after the use of alcohol or of a measure similar to that of alcohol,
(b) a document which does not have the right to drive or use the vehicle in the same way;
2) its technical condition threatens the safety of the road, causes damage to the road or violates the requirements of environmental protection.
2a. The removal of the vehicle shall be removed if the reasons for removal are due to the removal of the vehicle prior to the disposal of the vehicle or during the disposal of the vehicle. If the disposal of the vehicle is disposed of in the cases referred to in paragraph 1. 1-2, caused costs incurred, the owner of the vehicle is obliged to cover them. The provisions of the paragraph 10i shall apply mutatis mutandis.
3. The vehicle may be moved or removed from the road if it makes it difficult to conduct rescue operations.
4. The disposition of the shipment or the removal of the vehicle from the road shall issue:
1) a policeman-in the situations referred to in paragraph. 1-3;
2) the municipal guard (municipal)-in the situations referred to in the mouth. 1 points 1, 4 and 5;
(3) the person who is in charge of the rescue operation, in the situation referred to in paragraph 1. 3.
5. (lost power).
5a. (repealed).
5b. (repealed).
5c. Vehicle removed from the road, in the cases referred to in paragraph. 1-2, shall be placed on the designated by the starosti of the guarded parking lot until the fee for its removal and parking is paid.
5d. (repealed).
5e. (repealed).
5f. Removal of vehicles and parking for vehicles removed in the cases referred to in paragraph 1. 1-2, it belongs to the tasks of your own district. Starosta pursues these tasks with the assistance of district organizational units or entrusts them with the implementation according to public procurement regulations.
6. The district council, taking into account the necessity of the smooth implementation of the tasks referred to in the paragraph. 1-2, as well as the costs of removing and storing vehicles in the area of the district concerned, shall determine, by way of a resolution, the amount of the fees referred to in paragraph 1. 5c, and the amount of the costs referred to in paragraph 1. 2a. The amount of the costs referred to in paragraph 1. 2a shall not be higher than the maximum amount of charges for the removal of the vehicle referred to in paragraph 2. 6a.
6a. [ 10] The maximum amount of the amount of the charges referred to in paragraph 1 shall be fixed. 5c:
a) bicycle or moped-for the removal-100 PLN; for each day of storage-15 zł,
b) motorcycle-for the removal-200 PLN; for each day of storage-22 zł,
c) a vehicle with a maximum permissible weight up to 3,5 t-for the removal-440 PLN; for each day of storage-33 PLN,
d) a vehicle with a maximum permissible weight of over 3.5 t up to 7,5 t-for the removal-550 zł; for each day of storage-45 zł,
e) a vehicle with a maximum permissible weight of more than 7,5 t up to 16 t-for the removal of-780 zł; for each day of storage-65 zł,
f) a vehicle with a maximum permissible weight of more than 16 t-for the removal of-1150 PLN; for each day of storage-120 PLN,
g) vehicle carrying dangerous goods-for removal-1400 PLN; for each day of storage-180 PLN.
6b. Maximum fee rates specified in the paragraph. 6a, in force in the calendar year concerned, shall be revised annually for the following calendar year to the extent corresponding to the price index of consumer goods and services during the first half year of the year in which the rates are changed, in relation to the an analogous period of the previous year.
6c. For each calendar year, the Minister responsible for public finance shall announce, by means of the notice, in the Official Journal of the Republic of Poland "Monitor Polski" the maximum rates of the fees referred to in paragraph. 6a, taking into account the principle set out in paragraph 1. 6b, rounding them up to the full zlotys.
6d. The price index referred to in paragraph 1. 6b, shall be determined on the basis of the message of the President of the Central Statistical Office announced in the Official Journal of the Republic of Poland "Monitor Polski", within 20 days from the day of its announcement.
6e. The fees referred to in paragraph 1. 6, constitute the income of the district's own district.
7. The release of the vehicle shall take place upon presentation of proof of payment of the fee referred to in paragraph. 5c, and in the case referred to in paragraph. 1a, also proof of payment of bail.
8. The vehicle may be immobiated by the use of a device for blocking the wheels in case of leaving it in a place where it is prohibited, but not obstructing traffic or not endangering safety.
9. Vehicle unieruchamia Police or the municipal guard (urban).
10. The Starosta in relation to the vehicle removed from the road, in the cases specified in the mouth. 1 or 2, shall apply to the court with a request for a decision of his forfeiture in favour of the county, if the properly notified owner or the authorized person did not receive the vehicle within 3 months from the date of its removal. The notification shall include an instruction on the effects of non-receipt of the vehicle.
10a. The Starosta applies to the application referred to in paragraph. 10, not earlier than 30 days after the date of notification.
10b. If the vehicle is removed in the cases referred to in paragraph. 1 or 2 shall not be registered in any of the Member States of the European Union, shall be transferred to the competent local authority of the customs office for the purpose of regulating its situation in accordance with the customs legislation.
10c. Provision of the mouth. 10 shall not apply when the circumstances indicate that the non-receipt of the vehicle was due to reasons beyond the control of the owner or the person entitled to it.
10d. Paragraph Recipe 10 shall apply mutatis mutandis where, within 4 months of the date of removal of the vehicle, the owner or the person entitled to receive it has not been established, even though due diligence has been sought in the search for the vehicle.
10e. In cases of forfeiture of a vehicle, the court shall determine whether all the conditions necessary for the decision of forfeiture have been fulfilled, in particular whether the removal of the vehicle was well founded and whether, in search of the person entitled to receive it, it was duly completed diligence and whether the decision of forfeiture will not be contrary to the principles of social coexistence.
10f. To execute the decision of the court of forfeiture of the vehicle shall be the obligatory starosta. The enforcement of the decision shall take place in accordance with the rules laid down in the Act of 17 June 1966. on enforcement proceedings in the administration, taking into account the provisions of this Act.
10g. An entity conducting a guarded parking lot, in case of failure to pick up the vehicle from the parking lot within the time limit specified in the paragraph. 10, it shall inform the relevant local starosti thereof and the body which issued the disposition of the removal of the vehicle no later than the third day from the date of expiry of that period.
10h. Costs associated with the removal, storage, estimation, sale or destruction of a vehicle arising from the time of the disposal of his disposal to the end of the proceedings shall be borne by the person who is the owner of the vehicle on the day of the dispatch of the dispatch the removal of the vehicle, subject to paragraph. 10d and 10i. The decision to pay these costs seems to be an old age.
10i. If, at the time of removal, the vehicle was in the possession of a person with a non-legal title, the person shall be jointly and severally liable to cover the costs referred to in paragraph 1. 10h.
10j. The due date for the payment of the duties fixed by the decision referred to in paragraph 1. 10h, it shall be 30 days from the date on which the decision became final. The statutory interest for the delay shall be calculated from the day following the end of the payment deadline. These claims, together with interest, shall be executed in accordance with the rules laid down in the Act of 17 June 1966. of administrative enforcement proceedings in the administration.
10k. The decision referred to in paragraph 1. 10h, it does not appear if 5 years have elapsed since the decision of the court of the forfeiture of the vehicle has been passed.
10l. The executions referred to in paragraph. 10j, shall not be initiated and the instituted of the umer if, as of the date of service of the final decision referred to in paragraph 1, the decision referred to in paragraph 1 is not 10h, 5 years have elapsed.
11. The Minister responsible for internal affairs, guided by the principle of guaranteeing the protection of property rights and the need to ensure the provision of order on public roads and road safety, will determine, by means of a regulation:
1) the mode and conditions of interaction with the Police and other entities authorised to take decisions on the removal of the vehicle of the vehicles removing the vehicles or carrying out guarded parking lots;
2) the mode and conditions for issuing the vehicle from the parking lot;
3) (lost power).
Article 130b. [ The report of the accident on the trans-European road network in which it is killed] 1. From any road accident in which he is killed, taking place on the trans-European road network referred to in Article 3 (1) of the European Community. 4 pt. 26 of the Act of 21 March 1985. o public roads, police are required to draw up a report.
2. The report referred to in paragraph 2. 1, contains:
1) the exact determination of the site of the accident;
2) photos or diagram of the accident site;
3) the date and time of the accident;
4) a detailed description of the location and circumstances of the accident: type of land, type of road, type of intersection including information on signalling, number of lanes, marking of the horizontal road, lighting, weather conditions, speed limits, roadside obstacles;
5) information about the consequences of the accident: the number of killed and injured in the accident;
6) characteristics of the participants of the accident: age, sex, nationality, level of alcohol or intoxicating agent in the body, application or non-use of protective equipment;
7. data on the vehicles involved in the accident: type, age, protective equipment and date of last technical examination;
8. information on the nature and the course of the accident, including the manoeuvres of the vehicle and the driver;
(9) as far as possible information concerning the time of arrival of the emergency services and the acceptance of the notification.
3. The reports referred to in paragraph 1 1, Police shall transmit to the National Secretariat of the Council referred to in Article. 140f, by 31 March each year, for the previous year.
Article 131. [ Delegation] 1. The Minister responsible for internal affairs in agreement with the Minister responsible for transport, taking into account the need to ensure safety and order during the exercise of the traffic control and the smooth running of the traffic, will determine, on the way Regulations:
1) the organization, the detailed conditions and the way of carrying out traffic control;
2) the need for the conduct of a controlled movement participant;
3) the detailed conditions for the exercise of traffic control by the persons referred to in art. 129e;
4. the detailed conditions for the granting of authorisations for the exercise of traffic control and the model of authorisation.
2. Minister of National Defence, taking into account the need to ensure security and order at the time of the execution of the roadside inspection and the smooth conduct of the activities in this regard, in consultation with the Ministers competent for transport and matters internal, and will determine, by regulation:
1) the organization, conditions and manner of carrying out the activities referred to in art. 129 (1) 4;
2) the conditions and mode of cooperation of the Military Gendarmerie with the Police in the cases referred to in art. 130 (1) 1.
Chapter 2
Stopping and returning registration proofs
Article 132. [ Detention of registration] 1. The police officer shall stop the registration certificate (time permit) in the event of:
1) stating or reasoned to believe that the vehicle:
(a) threaten safety in particular after a road accident in which the essential load-bearing structures of the bodywork, chassis or frame are damaged,
(b) threatens the order of movement,
(c) violates environmental protection requirements;
2. stating that the vehicle has not been subjected to a technical examination within the prescribed time limit or the time limit for the examination has not been properly designated;
3) statements of destruction of the registration certificate (time permit) in the degree causing its imreadability;
4) reasonable suspicion of counterfeiting or reprocessing of the registration certificate (time permit);
5) stating that a technical examination has been carried out by an entity to this unauthorised;
6) non-presentation by the head of the document confirming the conclusion of the contract of compulsory insurance of the civil liability of the vehicle holder or proof of payment of the insurance premium for this insurance, if the vehicle is registered in the country, of which Article 129 (1) 2 point 8 (c);
(7) the reasonable presuming that the data contained therein do not correspond to the actual fact.
2. In the event of detention of the registration certificate (time permit), the policeman shall issue a receipt to the driver. It may allow the use of the vehicle for a period not exceeding 7 days, specifying the conditions for this use in the receipt. The authorisation shall not be granted in the cases referred to in paragraph 1. 1 point 1 lit. a and c and point 6.
3. The detained document, except in the cases referred to in paragraph. The competent police authority shall immediately forward to the authority which issued it, subject to paragraph 1, points 4, 6 and 7. 5.
(3a) The relevant police authorities shall inform the competent director of the tax chamber of the fact that the proof of registration is to be withhold in the event of a reasonable presumption of the presumption referred to in paragraph 1. 1 point 7, where the vehicle complies with the technical requirements laid down in the provisions of the Act of 11 March 2004. o tax on goods and services.
4. In the cases referred to in paragraph. 1 points 1, 3 and 4 of the registration certificate (time permit) shall also retain the body authorised to carry out the technical tests. The provisions of the paragraph 2 and 3 shall apply mutatis mutandis.
5. The detained document of a vehicle registered abroad, except in the cases specified in the paragraph. 1 points 4 and 6, shall be left in the Police unit for a period of 7 days. Upon expiry of that period, the document shall be forwarded to the representative of the State in which the vehicle is registered.
6. The return of the retained document shall be immediately followed by the cessation of the reason justifying his detention, subject to art. 133.
Article 133. [ Return of retained documents] 1. In the case referred to in art. 132 (1) 1 point 6 of the relevant police authority shall return the detained document upon presentation of a document confirming the conclusion of the contract of compulsory insurance of the civil liability of the holder of the vehicle or of proof of payment of the insurance premium.
2. If from the document submitted confirming the conclusion of the contract of compulsory insurance of the civil liability of the holder of the vehicle, it is apparent that, prior to the detention of the proof of registration, the contract was not concluded, condition of the return of the document is additionally the payment of a fee for failure to comply with the obligation to conclude an insurance contract specified in separate regulations.
Article 134. [ Powers Of Military Gendarmerie] In relation to vehicles of the Armed Forces of the Republic of Poland and other vehicles headed by soldiers serving the active military service, the powers and duties of the policemen specified in Art. 132 (1) 1-3 and art. 133 (1) 1 also perform soldiers of the Military Gendarmerie.
Art. 134a. [ Powers of Inspectors of Road Transport Inspectors] In relation to vehicles carrying out road transport within the meaning of the Act of 6 September 2001. of road transport, as well as in the case of the checks referred to in Article 129a para. 1 points 2 to 4, the powers and duties of police officers and police authorities as referred to in Article 1 132 (1) 1-3, 5 and 6 and in art. 133 also carry out the inspectors of the Road Transport Inspectorate as well as the authorities of this inspection.
Chapter 3
Retention of driving licences and licences and revocation and reinstatement of driving licences
Article 135. [ Detention of driving licence] 1. Policeman:
1) will stop the driver's license for a receipt in case of:
(a) reasonable suspicion that the direction of the driver is in a state of non-slaughterhouse or in a state after the use of alcohol or of a measure acting in a similar manner to alcohol,
(b) the determination of the destruction of the licence in such a way as to make it unreadable
(c) suspicion of counterfeiting or reprocessing of a driving licence,
(d) when the validity of the licence has expired,
(e) where a decision or decision to stop a driving licence has been issued in respect of the driving vehicle,
(f) when the driving ban has been ordered against the driving vehicle or a decision has been taken to withdraw the right to drive the vehicles,
(g) the crossing of a number of 24 points for violation of traffic rules by the vehicle driver,
(h) overrun by a driving vehicle during 1 year from the date of issue for the first time the right to drive a number of 20 points for a violation of traffic regulations or a statement, on the basis of a final decision, that within 2 years of the day For the first time, a driving licence has committed a crime against security in communication or the three offences referred to in art. 86 § 1 or 2, art. 87 § 1, art. 92a in the case of exceeding the permissible speed by more than 30 km/h or Art. 98 of the Act of 20 May 1971. -Code of Offences (Dz. U. of 2013 r. items 482, with late. zm.),
(i) a statement of the absence of the document referred to in Article 38 points 3a or 4a, or driving a vehicle not equipped with an alcoholic blockade, in the case referred to in Article 4 (a). 13 (1) 5 point 7 of the Act of 5 January 2011. driving vehicles;
(1a) shall retain the right to travel for a receipt in the event of disclosure of the act of:
(a) driving at a speed in excess of 50 km/h in the built-up area or
(b) the transport of persons with a number exceeding the number of seats specified in the registration certificate (time permit) or resulting from the construction of a vehicle not subject to registration; the provision does not apply to the carriage of passengers by bus in public collective transport in municipal, district and voivodship passenger transport within the meaning of the Act of 16 December 2010. public transport by collective transport (Dz. U. of 2011 r. Nr 5, pos. 13, of late. zm.), in so far as the vehicle is provided for standing;
2) may stop the driver's license for a receipt in case of reasonable suspicion that the driver has committed a crime or misconduct, for which he/she may be ordered to ban driving.
1a. The provision of the paragraph. 1 point 1a (a) (b) does not apply if the number of persons carried in the manner referred to in that provision does not exceed:
1) 5-in the case of transporting them by bus;
2) 2-in the case of carrying them by car, by lorry or in a trailer towed by a agricultural tractor or a free-running vehicle.
1b. The driver referred to in art. 136 1a, it is obliged to give the traffic control authority an address for service. Where an address is not indicated for service, the provisions of Article 1 shall apply. 40 § 4 and 5 of the Code of Administrative Procedure, which is to be followed by the head of the Commission.
2. The receipt of a stop driving licence for the reasons referred to in the paragraph. 1 point 1 lit. b-d and in point 2, entitles to drive within 7 days.
3. The receipt of a stop driving licence for the reasons referred to in the paragraph. 1 point 1a, entitles to drive within 24 hours from the moment of detention, and in the case referred to in Article 136 1a-within 72 hours.
4. In the case referred to in paragraph. 1 point 1 (i), in the absence of a document referred to in Article 1 (1) (a) of the Regulation 38 (3a) or (4a), the starosta shall issue a stopped driving licence after the presentation of the document.
Article 136. [ Forwarding to the court of the court] 1. Stopped driving licence, except in the case referred to in art. 135 par. 1 point 1 (c), the Police shall transmit immediately, not later than within 7 days, according to jurisdiction, to the court entitled to identify the case of misconduct, the prosecutor or the starost.
1a. If a driving licence has been issued by a State other than the Republic of Poland and the driver of the vehicle has no place of residence on its territory, the driving licence shall be transmitted immediately to the starost competent due to the place of the infringement Road traffic law. The starosta shall immediately forward the stopped driving licence to the competent authority of the State in which it was issued.
2. In the case of a blood or urine test for the assessment of the sobriety or the contents of a measure acting in a similar manner to the alcohol, the driving licence shall be transmitted together with the result of this test. However, if the result of this test has not been obtained within 30 days of the day of retention of the licence, it shall immediately be returned to the owner.
Article 137. [ A determination to stop driving licence] 1. The order to stop the driving licence, in the cases referred to in art. 135 par. 1 point 1 lit. a, and point 2, shall, within 14 days from the date of receipt of the licence:
1) the prosecutor-in the course of the preparatory proceedings, and the court-after the transfer of the case to the court;
2) in the case of misconduct-the court competent to recognize the case.
2. The decision to stop the driving licence shall be notified to the appropriate starostia.
3. In order to stop the driving licence serves a complaint.
Article 138. (repealed).
Article 139. [ Permit to drive a tram] 1. Rules of Art. 135-137 shall apply mutatis mutandis to the permit for the management of the tram.
2. The provision of art. 135 do not apply to the heads and foreigners of diplomatic representations, consular posts of foreign states and special missions and international organisations enjoying the privileges and immunities of diplomacy, or consular acts under the laws, agreements or universally recognized international customs or on the basis of reciprocity, as well as to other persons enjoying these privileges and immunities.
3. In relation to the soldiers performing the active military service and other persons directing the vehicles of the Armed Forces of the Republic of Poland the powers and duties of the policemen specified in Art. 135 par. 1 and Art. 136 1 also perform soldiers of the Military Gendarmerie.
4. In the case of the control referred to in art. 129a para. 1, the powers and duties of policemen laid down in Art. 135 par. 1 and Art. 136 1 shall be carried out in relation to the driving vehicles of the Road Transport Inspection Inspectorate.
Article 140. [ Decision to withdraw the power to drive a motor vehicle] 1. The decision to revoke the power to drive a motor vehicle shall be issued by the starosta in the event of:
1) (repealed);
1a) (repealed);
2. (repealed);
3) exceeding, during the period of 1 year from the date of issue for the first time of the driving licence, the number of 20 points for violation of traffic regulations; the decision to revoke the authority is issued at the request of the Commandant of the Provincial Police;
(3a) the finding, on the basis of final decisions, that the driving licence in the motor vehicle during a period of 2 years from the date of the first day of issue of the driving licence was:
(a) a crime against security in communication,
(b) the three offences referred to in the Article. 86 § 1 or 2, art. 87 § 1, art. 92a in the case of exceeding the permissible speed by more than 30 km/h or Art. 98 of the Act of 20 May 1971. -Code of Offences
-the decision to withdraw the authority shall be issued at the request of the Commandant of the Police Office;
4. non-surrender:
(a) verification of qualifications in accordance with the procedure laid down in 114 par. 1 point 1,
(b) (repealed),
(c) (repealed).
2. (repealed).
3. (repealed).
4. (repealed).
5. (repealed).
Art. 140a. (repealed).
Chapter 4
Penalties for the use of non-performing vehicles without authorisation or not in accordance with the conditions laid down in the authorisation
Art. 140aa. [ Penalty of toll on public roads of non-performing vehicles without authorisation] 1. For the passage on public roads of non-performing vehicles without authorisation, referred to in art. 64 par. In accordance with Article 1 (1), or in accordance with the conditions laid down for that authorisation, a financial penalty shall be imposed by means of an administrative decision.
2. The administrative decision on the imposition of a monetary penalty shall be issued by the Police Department, Road Transport Inspection, Border Guard, Customs Service or the Road Administrator due to the place of the audit carried out.
3. The monetary penalty referred to in paragraph 1 shall be provided for in paragraph 1. 1, overlaps with:
1. the operator of the journey;
2. the operator of other road transport activities and, in particular, on the transport organizer, the consignor, the consignee, the shipper or the freight forwarder, if the circumstances or evidence indicate that the operator has had an impact or has made a fair view of the the infringements referred to in paragraph. 1.
4. No proceedings shall be initiated on the imposition of the monetary penalty referred to in paragraph 1. 1, in respect of the operator of the journey, and the proceedings instituted in the case shall be terminated if:
1) the circumstances of the case and the evidence indicate that the entity referred to in paragraph. 3 point 1:
(a) he has taken due diligence in the execution of the activities relating to the journey,
(b) has no effect on the creation of the infringement, or
2. the actual total mass of the non-performing vehicle does not exceed the permissible size or size specified in the permit referred to in Article 64 par. 1 point 1, and the overrun applies only to the axle load of the vehicle in the case of bulk cargoes and wood.
5. No proceedings shall be initiated on the imposition of the monetary penalty referred to in paragraph 1. 1, against the operator of the toll road and other activities related to the road transfer of vehicles of the Armed Forces of the Republic of Poland.
6. In the case of the determination of the transit on public roads of non-performing vehicles belonging to the Armed Forces of the Republic of Poland without permission or not in accordance with the conditions laid down for this permission, the control body referred to in paragraph. 2, shall notify the relevant territorially competent authority on the grounds of the place where the control of the Military Gendarmerie is carried out
7. The Military Gendarmerie Authority referred to in paragraph. 6, shall present to the commander of the military unit organising the toll road or to his superior with the request for disciplinary action, under the conditions laid down in the Act of 9 October 2009. about military discipline (Dz. U. Nr 190, poz. 1474).
Art. 140ab. [ Amount of financial penalty] 1. The monetary penalty referred to in art. 140aa ust. 1, shall be fixed at:
1) 1500 zł-for the lack of permits of categories I and II;
2) 5000 zł-for the lack of permission of category III-VI;
3. for the non-approval of category VII:
(a) 500 zł-when the pressure of one or more axles, the actual total mass or the dimensions of the vehicle exceed the permissible values of no more than 10%,
(b) 2000 zł-when the pressure of one or more axles, the actual total weight or the dimensions of the vehicle exceed the permissible values by more than 10% and not more than 20%,
c) 15 000 PLN-in other cases;
4) 5000 PLN-for the passage of a non-performing vehicle by a bridge or a viaduct without the confirmed notification of the road manager referred to in art. 64c par. 9;
5) 3000 PLN-for the passage of a non-performing vehicle over a bridge or a viaduct not in accordance with the conditions specified by the road manager referred to in art. 64c par. 9;
6) 6000 PLN-for the passage of a non-performing vehicle by a bridge or a viaduct when the opposing board is declared by the administrator, referred to in art. 64c par. 10;
7) 2000 PLN-for failure to comply with the conditions of transit specified for the Category VII permit or given in this document.
2. In the case of breaches of the prohibition referred to in art. 64 par. 2, a non-performing vehicle shall be punitive for the passage of a non-authorised vehicle.
Art. 140ac. [ Reference from the decision to measure the penalty payment] 1. From the decision on the payment of the monetary penalty referred to in art. 140aa ust. 1, there shall be a reference to the parent body in relation to the body which has measured that penalty, within 14 days from the date of service of the decision.
2. The final decision shall be executed after 30 days after service of the decision, unless the execution of the decision has been suspended. The control authority which has issued the final decision shall, on its own initiative, withhold its execution by order not to be entitled to a complaint, in the event of a complaint to the administrative court.
3. The money penalty shall be paid in the form of a transfer to the bank account indicated in the decision. The costs associated with the transfer shall be borne by the operator.
4. The monetary penalty referred to in paragraph 1 shall be provided for in paragraph 4. 2, shall be subject to forced download in accordance with the provisions of the Act of 17 June 1966. of administrative enforcement proceedings in the administration.
5. The obligation to pay the monetary penalty referred to in the paragraph. 2, the statute of limitation shall expire 5 years from the end of the calendar year in which the penalty should be paid.
Art. 140ad. [ Auditing-deposit collection] 1. In the event of a breach of the infringement referred to in Article 1, 140aa ust. 1, by a foreign entity established in a state with which the Republic of Poland is not bound by the agreement on mutual execution of fines, the person conducting the check shall receive a deposit of the amount corresponding to the expected penalty monetary policy.
2. The rubber shall be collected:
1) during the inspection on the road-in cash form, for a receipt on the printing of the strict management, or by means of a payment card;
2) at a later date, in the form of a transfer to the extracted bank account of the body conducting the administrative proceedings in the case for the imposition of a penalty, and in the case of the collection of the deposit by the customs authorities-on the separate bank account of the customs chamber specified in the separate provisions, with the costs of transfers payable by the entity.
3. The deposit shall be kept at the interest-bearing bank account referred to in paragraph 1. 2. 2. Costs associated with payment of a deposit in the form of a transfer to a bank account or by means of a payment card-related to the authorisation of the transaction and the transfer of funds to the competent bank account-shall cover the required entity.
4. The rubber shall be transmitted:
1) to the bank account specified in the decision to impose the sentence, within the time limit referred to in art. 140 ac ust. 2, or
2) to the bank account of the entity which paid it, within 7 days from the date of the decision of the decision or the decision repealing the decision to impose the monetary penalty.
5. Where the amount of the penalty imposed is less than the amount of the deposit collected, the provision of the paragraph shall apply mutatis mutandis to the resulting difference. 4 point 2.
6. Liability for damage caused by the movement of non-performing vehicles shall be carried out by the carrying out of the vehicle with the non-performing vehicle.
Art. 140ae. [ Forwarding of fines] 1. The monetary penalties referred to in art. 140aa ust. 1, shall be transferred accordingly to the budgets of local government units or to the extracted bank account of the General Directorate for National Roads and Motorways.
2. The penalties collected on the extracted bank account of the General Directorate for National Roads and Motorways shall be transferred within the first 2 working days after the expiry of the week in which they have received, on the account of the National Road Fund, with intended for the construction or conversion of national roads, road engineering structures and ferry crossings, and for the purchase of vehicle weighing equipment.
3. Customs offices and provincial road transport inspectorates receive a commission from the collected cash penalties of 12% of the penalty imposed.
4. The commission referred to in the paragraph. 3, constitutes the revenue of the State budget.
5. From financial penalties, customs offices and provincial inspectorates of road transport shall count the commission, and the rest of the penalty, within 4 days after the expiry of each of the following 10 days of the month, shall transmit respectively to the entities mentioned in the paragraph. 1.
Va-va
Action for road safety
Article 140b. [ National Road Safety Council] 1. The National Road Safety Council, hereinafter referred to as the "National Council", shall be established.
2. The National Council shall act with the Minister competent for transport as an interdepartmental authority of the Council of Ministers in matters of road safety.
Art. 140c. [ National Council Tasks] 1. The national council shall determine the directions and coordinate the activities of the government administration in matters of road safety.
2. To the tasks of the National Council in the field of improvement of road traffic safety shall be in particular:
1) proposing directions of state policy;
2) developing programmes for improving road safety on the basis of proposals submitted by the relevant ministers and evaluation of their implementation;
3) initiating scientific research;
4) initiating and reviewing drafts of legal acts and international agreements;
5) initiating the education of public administration;
6) initiating foreign cooperation;
7. cooperation with relevant social organisations and non-governmental institutions;
8) initiating educational and information activities;
9) analyse and evaluate the activities undertaken;
10) fixing, at least once every three years, the average cost of the socio-economic traffic accident in which the person is killed and the average cost of the socio-economic road accident in which the person suffered bodie-injury within the meaning of the art. 156 § 1 or art. 157 § 1 of the Act of 6 June 1997. -Penal Code (Dz. U. Nr. 88, pos. 553, of late. zm.), which was created in the Trans-European Road Network.
3. In determining the average socio-economic cost of the road accidents referred to in paragraph 1. The following shall be taken into account in point 10:
1) loss of productivity killed and injured in road accidents;
2) the costs of treatment and rehabilitation of victims in road accidents;
3) administrative costs of road accidents;
4) material losses resulting from road accidents.
Art. 140d. [ Composition Of The National Council] The National Council shall comprise:
1. The President-Minister responsible for transport;
2. Deputy Chairperson:
(a) the Registrar or Undersecretary of State in the Ministry competent for internal affairs,
(b) the Secretary or Under-Secretary of State in the Ministry responsible for transport;
3) the Secretary of the National Council indicated by the minister competent for transport;
4) members of the National Council indicated by: the President of the Council of Ministers from among the voters, the Minister of National Defence, the Minister of Justice and the ministers responsible for matters: public administration, budget, public finances, economy, construction, local planning and zoning and housing, education, education, environment, transport, internal, work and commandant of the Police Chief, Chief of the Main Fire Service, General Director of National Roads and Motorways.
Art. 140e. [ Chairman of the National Council] 1. The President of the National Council directs her works and represents her outdoors.
2. The President of the National Council shall receive from the Ministers and other bodies whose representatives are members of the National Council:
1) reports and information on the implementation of the tasks defined in the road safety programmes;
2. information on the state of the road safety, in particular information enabling the average socio-economic cost of the accidents referred to in Article 3 to be determined. 140c ust. 2 points 10.
3. The President of the National Council shall submit to the Council of Ministers annually, by the end of March, a report on the state of road safety and the activities carried out in this regard.
4. The President of the Council of Ministers shall submit to the Sejm, to the Senate and to the President annually, by the end of April, a report on the state of road safety and the activities carried out in this regard.
Art. 140f. [ Secretariat of the National Council] 1. The National Council shall carry out its tasks with the assistance of the National Secretariat of the Council.
2. The National Secretariat of the Council acts as an internal organizational unit of the minister competent for transport affairs.
3. The detailed organisation and mode of work of the National Council shall be determined by the Rules of Procedure adopted by a resolution at the first meeting of the National Council.
Art. 140g. [ Provincial Road Safety Council] 1. It shall be created by the Provincial Road Safety Council, hereinafter referred to as the "Provincial Council".
2. The Provincial Council acts by the marshal of the voivodship as the provincial coordination team in the matters of road safety.
Art. 140h. [ Tasks of the Provincial Council] 1. The Provincial Council shall coordinate and determine the directions of the activities of the public administration in matters of road safety.
2. To the tasks of the Provincial Council in the scope referred to in the paragraph. 1, in particular:
1) developing regional programmes for the improvement of road safety;
2) opinion of draft laws on local law in the field of road safety;
3) approving the spending plan of provincial road traffic centres in the part dedicated to improving road safety;
4) initiating public administration education and training in the field of road safety;
5) initiating inter-voivodship cooperation;
6. cooperation with relevant social organisations and non-governmental institutions;
7) initiating educational and information;
8) analyse and evaluate the activities undertaken.
3. The detailed organization and operating mode of the Provincial Council shall determine the regulations adopted by the Council by way of a resolution.
Art. 140i. [ Composition of the Provincial Council] The Provincial Council shall comprise:
1) Chairman-Marshal of the voivodship;
2. Deputy Chairperson:
(a) wojewater,
(b) the provincial police chief;
3) the Secretary-designated by the Marshal of the Province;
4. members of the Provincial Council:
(a) the provincial road transport inspector,
(b) Director of the General Directorate of the General Directorate for National Roads and Motorways,
(c) a representative of the water supply
(d) representative of the voivodship of military staff,
(e) the representative of the education curator,
(f) a representative of the administrative board
(g) a representative of the district administration,
(h) a representative of the mayor, mayors or presidents of the cities,
(i) a representative of the Commandant of the Police Office,
(j) a representative of the Commander of the Provincial Fire Service,
(k) representative of the provincial road administration,
(l) representative of the provincial road traffic centres,
(m) representative of district management boards,
n) persons designated by the Marshal of the voivodship in particular representing the non-governmental organisations operating in the province, whose statutory objective is the problem of road safety, with the Marshal of the Voivodeship may indicate not more than 12 persons.
Art. 140j. [ Chairman of the Provincial Council] 1. The President of the Provincial Council directs her works and represents her outside.
2. The President of the Provincial Council receives from the bodies whose representatives are members of the Provincial Council:
1) reports and information on the implementation of the tasks defined in the road safety programmes;
2) information on the state of road safety.
3. The Chairman of the Provincial Council shall submit to the President of the National Council annually, by the end of January, a report on the state of road safety on the territory of the voivodship and the activities carried out in this regard.
Art. 140k. [ Support of the Provincial Council] The support of the Voivodship Council shall be provided by the Marshal of the voivodship of the road traffic centre.
Art. 140l. [ Right of advice in the work of the Council] In the work of the National Council and the Provincial Council they can take part in an advisory vote:
1) representatives of non-governmental organizations whose statutory scope of activity covers road safety issues;
2) employees of higher education institutions or research and development units;
3) independent experts.
CHAPTER Vb
Penalty payments
Art. 140m. [ Liability for placing on the market of a vehicle without a required certificate] 1. Who:
1. contrary to the provision of art. 70g ust. 1 has placed on the market a new vehicle without the required relevant type-approval certificate or any other equivalent document referred to in Article 70j ust. 1, art. 70k ust. 1, art. 70o ust. 1, art. 70zo para. 1, art. 70zp ust. 1 or Art. 70zu mouth. 1,
2. contrary to the provision of art. 70g ust. 5 re-placed the vehicles withdrawn from the market on the market,
3. contrary to the provision of art. 70g ust. 6 has placed on the market a new item of equipment or part,
4. contrary to the provision of art. 70g ust. 8. Re-placed the item of equipment or part withdrawn from the market on the market
-shall be subject to a penalty payment of not more than 25% of the value of the sales resulting from the placing on the market of that vehicle, the object of the equipment or parts.
2. Who, contrary to the obligation, does not exercise the decisions referred to in art. 70g ust. 4 or para. 10, shall be subject to a monetary penalty of not more than 50% of the value of the sales resulting from the placing on the market of this vehicle, the object of the equipment or parts.
Art. 140n. [ Imposition of penalty payments] 1. Cash penalties, in matters referred to in art. 140m shall be imposed by administrative decision.
2. The monetary penalties referred to in art. 140m:
1. for placing on the market or non-withdrawal from the market of vehicles, items of equipment or parts referred to in art. 70d ust. 1 and paragraph Article 6 (2) of the Commercial Inspection Authority shall apply to the competent authority of the Trade Inspection;
2. for placing on the market or non-withdrawal from the market of the vehicles referred to in Article 70d ust. 1, para. 4 and para. Article 6 (2), not intended for consumers, imposes the Director of Transport Technical Inspection.
3. The monetary penalties referred to in paragraph. 2:
1. point 1 is the revenue of the State budget;
2. point 2 shall be the revenue of the Transport Technical Inspection.
4. When determining the amount of the monetary penalty, account shall be taken of the extent of the infringement, the repeatability of the infringements and the financial benefits obtained by the
5. Cash penalties shall be paid into separate bank accounts of the state budget or the Transport Technical Inspection, respectively, within 14 days from the date on which the decision to impose the monetary penalty has become final.
6. To the penalty payments referred to in art. 140m, in the unregulated range in the Act, the provisions of Chapter III of the Act of 29 August 1997 apply accordingly. -Tax Ordinance (Dz. U. 2012 r. items 749, 1101 and 1342).
CHAPTER VI
Amendments to the provisions in force and transitional and final provisions
Article 141. (bypassed).
Article 142. (bypassed).
Article 143. (bypassed).
Article 144. (repealed).
Article 145. (bypassed).
Article 146. (bypassed).
Article 147. (bypassed).
Article 148. (bypassed).
Article 149. [ Delegation] Minister competent for transport in agreement with the Minister of National Defence, Minister for Internal Affairs and the Minister of Justice, with the need to ensure stable circulation of motor vehicles, it may specify, in way of Regulation:
1) the obligation to obtain the card of the vehicle by the owners of vehicles registered before the date referred to in art. 152 point 3;
2. the conditions, terms and mode of obtaining the card of the vehicle by the persons referred to in point 1, the authorities competent to issue them, the documents used in these cases and the amount of the fee for the issuance of the card of the vehicle.
Article 150. [ Validity of driving licence] 1. Driving licences and other documents entitling to drive vehicles or confirming additional qualifications and requirements in relation to the driving vehicles, issued on the basis of the existing regulations, shall remain valid until their exchange at the expense of the person entitled to the extent to which they have been issued. The holder of the replacement shall be obliged to pay a record fee.
2. The Minister competent for transport, having regard to all the documents issued before the date of entry into force of the Act, the documents entitling to drive the vehicle and the costs associated with their exchange, shall determine, by means of a regulation, the conditions and the time limits for the exchange of goods driving licences and other documents conferring the right to drive or to confirm the additional qualifications of the driving vehicle and the amount of the fees for the replacement of the vehicle.
Article 151. [ Repealed provisions] 1. The Act of 1 February 1983 shall be repealed. -The right of traffic (Dz. U. of 1992. No 11, pos. 41 and No. 26, pos. 114 and 1995 Nr 104, pos. 515), with the exception of art. 60, 69-70 and 72-82, which are repealed with effect from 30 June 1999.
2. (bypassed).
Article 152. [ Entry into force] The Act shall enter into force on 1 January 1998, with the exception of:
1. 49 (1) Article 2 (5), point 5, 80, 99 and 109. 4. which shall enter into force on 1 July 1998;
2. Article 39 (1) 3 and art. 85, which shall enter into force on 1 January 1999;
3. Article 74 par. 2 points 2 (a), 77, 87, 88, 90-98 and 100-108, which shall enter into force on 1 July 1999.
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1) This Act implements the provisions of the following directives of the European Union:
1) of the Council Directive of 16 December 1991. relating to the compulsory use of safety belts and child restraint systems in vehicles (91/671/EEC) (Dz. Urz. EC L 373, 31.12.1991, p. 26, z późn. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 7, t. 1, str. 353, z późn. zm.);
2. Council Directive 92/6/EEC of 10 February 1992 (1). on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community (Dz. Urz. EC L 57 of 02.03.1992, p. 27, of late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 7, t. 1, str. 359, of late. zm.);
3) Council Directive 96 /53/EC of 25 July 1996 (OJ 1996 L 83, p. laying down, for certain road vehicles circulating within the Community, the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (Dz. Urz. EC L 235, 17.09.1996, p. 59, of late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 7, t. 2, p. 478, as of late. zm.);
4) Directive 97 /27/EC of the European Parliament and of the Council of 22 July 1997 (1). relating to the masses and dimensions of certain categories of motor vehicles and their trailers and amending Directive 70 /156/EEC (Dz. Urz. EC L 233 of 25.08.1997, str. 1, from late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 13, t. 19, p. 200, with late. zm.);
(5) Council Directive 1999 /37/EC of 29 April 1999 (1). on the registration documents of vehicles (Dz. Urz. EC L 138, 01.06.1999, p. 57, of late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 7, t. 4, str. 351, of late. zm.);
6) of Directive 2000 /30/EC of the European Parliament and of the Council of 6 June 2000. on the roadside inspection of the suitability for movement of commercial vehicles circulating in the Community (Dz. Urz. EC L 203 of 10.08.2000, p. 1, from late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 7, t. 5, str. 80, of late. zm.);
(7) Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 (1). on the type-approval of a type of two-or three-wheel motor vehicles and repealing Council Directive 92 /61/EEC (Dz. Urz. EC L 124 of 09.05.2002, p. 1, from late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 13, t. 29, p. 399, with late. zm.);
(8) Directive 2003 /20/EC of the European Parliament and of the Council of 8 April 2003 (3). amending Council Directive 91 /671/EEC on the approximation of the laws of the Member States relating to the compulsory use of safety belts in vehicles of less than 3,5 tonnes (Dz. Urz. EU L 115 of 09.05.2003, p. 63; Dz. Urz. EU Polish Special Edition, rozdz. 7, t. 7, p. 277);
9) Directive 2003 /37/EC of the European Parliament and of the Council of 26 May 2003. on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units, and repealing Directive 74 /150/EEC (Dz. Urz. EU L 171 of 09.07.2003, p. 1, from late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 13, t. 31, p. 311, of late. zm.);
10) Directive 2007 /46/EC of the European Parliament and of the Council of 5 September 2007. establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (Dz. Urz. EU L 263 of 09.10.2007, p. 1, from late. zm.);
11) Directive 2009 /40/EC of the European Parliament and of the Council of 6 May 2009 on roadworthiness tests for motor vehicles and their trailers (Dz. Urz. EU L 141 of 06.06.2009, p. 12, of late. zm.);
12) Directive of the European Parliament and of the Council 2011 /82/EU of 25 October 2011. on the facilitation of cross-border exchanges of information on traffic safety related offences (Dz. Urz. EU L 288, 05.11.2011, str. 1).
Annex 1. [ CATEGORIES OF AUTHORISATIONS FOR NON-MATERNAL VEHICLE PASSAGE]
Annexes to the Act of 20 June 1997.
Annex No 1
CATEGORIES OF AUTHORISATIONS FOR NON-MATERNAL VEHICLES
| Seq. |
Authorisation |
Non-orthopaatic vehicles |
Roads |
| 1 |
2 |
3 |
4 |
| 1 |
Category I |
(a) of the dimensions and the actual total weight not exceeding the limit values, (b) with axle loads not exceeding the size provided for roads with a maximum permissible pressure of a single drive axle up to 11.5 t; |
municipal, district, voivodship indicated in the permit |
| 2 |
Category II |
(a) the length, the amount and the actual total weight not exceeding the limit values, (b) with axle loads not exceeding the limits allowed for the route in question, (c) a width not exceeding 3,5 m; |
public, with the exception of express and motorways |
| 3 |
Category III |
(a) the axle loads and the actual total weight not exceeding the limit values, (b) with a width not exceeding 3,2 m, (c) a length not exceeding: -15 m for a single vehicle, -23 m for the combination of vehicles, (d) a height not exceeding 4,3 m; |
public |
| 4 |
Category IV |
(a) of an actual total weight not greater than the limit value, (b) with a width not exceeding 3,4 m, (c) a length not exceeding: -15 m for a single vehicle, -23 m for the combination of vehicles, -30 m for the combination of twisted axles, (d) a height not exceeding 4,3 m, (e) with axle loads not exceeding the size provided for roads with the permissible pressure of a single drive axle up to 11,5 t; |
national |
| 5 |
Category V |
(a) with axle loads not exceeding the limits allowed for the route in question, (b) with a width not exceeding 3,4 m, (c) a length not exceeding: -15 m for a single vehicle, -23 m for the combination of vehicles, -30 m for the combination of twisted axles, (d) a height not exceeding 4,3 m, (e) of an actual total weight not exceeding 60 t; |
public |
| 6 |
Category VI |
(a) a width not exceeding: -3,4 m for the single-day road, -4 m for 2-day class A, S and GP, (b) a length not exceeding: -15 m for a single vehicle, -23 m for the combination of vehicles, -30 m for the combination of twisted axles, (c) a height not exceeding 4,3 m, (d) of an actual total weight not exceeding 60 t, (e) with axle loads not exceeding the size provided for roads with the permissible pressure of a single drive axle up to 11,5 t; |
national-according to the list of roads referred to in art. 64c par. 8 |
| 7 |
Category VII |
(a) the dimensions and the actual total mass greater than those specified in categories I to VI, (b) with axle loads exceeding the size prescribed for roads with a permissible pressure of a single drive axle up to 11,5 t; |
designated route indicated in the permit |
Annex 2. [ VEHICLE CATEGORIES]
Annex No 2
VEHICLE CATEGORIES
1. Category M: motor vehicles intended for the transport of persons having at least four wheels, including:
1. category M1: vehicles for the carriage of passengers, having no more than eight seats in addition to the driver's seat;
2. category M2: vehicles designed and constructed for the carriage of passengers, having more than eight seats in addition to the driver's seat and having a maximum laden weight not exceeding 5 t;
3. category M3: vehicles designed and manufactured for the carriage of passengers, having more than eight seats in addition to the driver's seat and having a maximum laden mass exceeding 5 t.
2. Category N: car vehicles having at least four wheels and designed and made for the carriage of cargo, including:
1. N1 category: vehicles designed and manufactured for the carriage of cargo and having a maximum laden weight not exceeding 3,5 t;
2. category N2: vehicles designed and manufactured for the carriage of cargo and having a maximum laden mass exceeding 3,5 t but not exceeding 12 t;
3. category N3: vehicles designed and manufactured for the carriage of cargo and having a maximum laden mass exceeding 12 t.
3. Category O: Trailers, including:
1) category O1: trailers with a maximum laden weight not exceeding 750 kg;
2. category O2: trailers with a maximum laden weight exceeding 750 kg but not exceeding 3,5 t;
3. category O3: trailers with a maximum laden mass exceeding 3,5 t but not exceeding 10 t;
4. category O4: trailers with a maximum laden mass exceeding 10 t.
4. L category: two-wheel or tricycles, some quadricycles, including:
1) category L1e-motorbikes, bicycles;
2) L2e category-tricycles;
3) category L3e-two-wheel motorcycles without side-trolley;
4) category L4e-motorcycles with a bogie with side-trolley;
5) category L5e-tricycles;
6) category L6e-four-wheel light;
7) category L7e-quadrilles.
Vehicles shall not be included in category L:
(a) whose maximum design speed does not exceed 6 km/h,
(b) intended to be directed by a person of pedestrian,
(c) tractors and machinery used for agricultural or similar purposes,
(d) bicycles and bicycle trolleys.
5. Category T: agricultural tractors, including:
1. category T1: wheeled tractors with a maximum design speed not exceeding 40 km/h, having an axle closest to the driver, with a minimum track width of not less than 1150 mm, a mass of its own, in a running order of more than 600 kg and not more than 1000 mm. In the case of tractors with a change in the position of the driver (change of position of the seat and steering wheel), the axle closest to the driver shall be the axle with the tyres fitted with the largest diameter;
2. category T2: wheeled tractors with a maximum design speed not exceeding 40 km/h, having a minimum track width of less than 1150 mm, its own mass, in running order, exceeding 600 kg and not more than 600 mm in the range of up to-pore. Where the height of the centre of gravity of the tractor (measured in relation to the ground) divided by the minimum wheelbase of each axle exceeds 0,90, the maximum design speed shall be limited to 30 km/h;
3. category T3: wheeled tractors with a maximum design speed not exceeding 40 km/h and their weight, in running order, not exceeding 600 kg;
4. category T4: special construction tractors with a maximum design speed not exceeding 40 km/h, under which the categories T4.1, T4.2, and T4.3 are distinguished from the ground and width of the width;
5. Category T5: wheeled tractors with a maximum design speed exceeding 40 km/h.
6. Category C: caterer tractors, including tractors of categories C1, C2, C3, C4, C5-according to the breakdown criteria as for category T. In category C4, categories C4.1, C4.2, and C4.3 are distinguished according to the categories T4.1, T4.2, and T4.3.
7. Category R: Agricultural trailers, including:
1) category R1: trailers with a maximum laden mass not exceeding 1,5 t;
2) category R2: trailers with a maximum laden mass exceeding 1,5 t but not exceeding 3,5 t;
3. category R3: trailers with a maximum laden mass exceeding 3,5 t, but not exceeding 21 t;
4) category R4: trailers with a maximum laden mass exceeding 21 t.
Each category of trailers shall also be marked with an "a" or "b" index, depending on the design speed of the trailer:
-"a" for trailers with a maximum design speed of less than or equal to 40 km/h,
-"b" for trailers with a maximum design speed of more than 40 km/h.
[ 1] On the basis of art. 7 of the Act of 23 October 2013. on the amendment of the Act-Law on Road Traffic and some other laws (Journal of Laws of the Law on Road Traffic) 1446; ost. zm.: Dz.U. z 2015 r. items 2183) The registration fee is collected from 1 January 2017.
[ 2] On the basis of art. 7 of the Act of 23 October 2013. on the amendment of the Act-Law on Road Traffic and some other laws (Journal of Laws of the Law on Road Traffic) 1446; ost. zm.: Dz.U. z 2015 r. items 2183) The registration fee is collected from 1 January 2017.
[ 3] Article 20 (1) 5a as amended by Article 3 of the Regulation. 4 of the Act of 11 February 2016. to amend the Act on the departments of the Government Administration and some other laws (Journal of Laws pos. 266). The amendment came into force on 17 March 2016.
[ 4] On the basis of paragraph 1 of the judgment of the Constitutional Court of 30 September 2015. (Journal of Laws pos. 1557) art. 96 § 3 in connection with Article 92 § 1, art. 92a and art. 88 of the Act of 20 May 1971. -Code of Offences ((Dz. U. of 2015 items 1094), in connection with art. 78 par. 4 of the Act of 20 June 1997. -Traffic Law of the Journal of Laws of 2012 items 1137; ost. zm.: Dz.U. z 2015 r. items 1326), in connection with art. 41 § 1 of the Act of 24 August 2001. -Code of Conduct on Offences (Journal of Laws of 2013) items 395, z późn. zm.) and w związku z art. 183 § 1 of the Act of 6 June 1997. -Code of Criminal Procedure (Journal of Laws No. 89, item. 555, z późn. (m) to the extent that, after the recording of a technical device by a technical device, the excess speed is exceeded by an unidentified driving speed vehicle, not to be used by such a signal or signal by road or driving a non-lit vehicle-they provide for the obligation on the owner or holder of the vehicle to indicate, at the request of the authorized body, to whom he has entrusted the vehicle for driving or using at the designated time, under the rigorous misdemeanor liability, without the possibility of waiving this obligation in when the vehicle is entrusted to a person closest to it, when it has committed an offence, shall be in accordance with:
(a) Article 42 par. 2 in connection with art. 31 par. 3, art. 32 par. 1 and Art. 2 of the Constitution of Poland
(b) Article 42 par. 3 in connection with art. 32 par. 1 and Art. 2 of the Constitution of Poland
(c) art. 47 in connection with art. 18, art. 31 par. 3, art. 32 par. 1, art. 71 (1) 1 and Art. 2 of the Constitution.
[ 5] Currently: m.st. Warsaw, according to art. 31 of the Act of 15 March 2002. of the order of the capital city of Warsaw (Dz. U. No 41, pos. 361; ost. zm.: Dz. U. of 2011 r. No 21, pos. 113), which entered into force on the day of the election to the bodies constituting the local government units falling due to the end of the term of office of those bodies elected on 11 October 1998, according to art. 33 of that law.
[ 6] Nowadays art. 83 is in force as set out in the Article. 22 point 1 of the Act of 2 July 2004. -Provisions introducing the Act on the freedom of economic activity (Dz. U. Nr 173, pos. 1808), which entered into force on 21 August 2004.
[ 7] From 17 October 2001 the competent courts, in accordance with Article 9 of the Act of 24 August 2001. -Code of Conduct on Offences (Dz. U. of 2008 No. 133, item. 848; ost. zm.: Dz. U. 2012 r. items 1101), which entered into force on 17 October 2001. based on art. 1 of the Act of 24 August 2001. -Provisions introducing the Code of Conduct on Infringements (Dz. U. No. 106, pos. 1149; ost. zm.: Dz. U. of 2004 No. 148, item. 1550), which entered into force on 17 October 2001.
[ 8] The content of the paragraph 1a in Art. 100c was not added in connection with the repeal of 31 December 2015. art. 2 of the Act of 10 July 2015. to amend the Act on Family Benefits and some other laws (Journal of Laws of the Law on Family Benefits) 1359 ost. 1. OJ of 2015 items 2183).
[ 9] On the basis of the judgment of the Constitutional Court of 14 July 2015. (Journal of Laws pos. 1038) art. 129g ust. 4 is inconsistent with art. 51 (1) 5 and art. 92 (1) The first sentence of the first sentence of Article Art. 129g ust. 4 will lose power on 25 April 2016
[ 10] The maximum amount of the toll rates for the removal of the vehicle from the road and its storage in the guarded parking lot in force in 2016. were announced in the Notice of the Minister of Finance dated 4 August 2015. on the notice in force in 2016 maximum fee rates for the removal of the vehicle from the road and its parking in a guarded parking lot (M.P. pos. 707).
