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The Act Of 6 September 2001 On Road Transport

Original Language Title: USTAWA z dnia 6 września 2001 r. o transporcie drogowym

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ACT

of 6 September 2001

o road transport 1) 2)

Chapter 1

General provisions

Article 1. [ Regulatory scope] 1. The Act lays down the rules for taking up and executing:

1) national road transport;

2) international road transport;

3) a non-profit national road carriage;

4) a non-profit international carriage by road.

2. The Act shall also specify:

1) the rules of operation of the Road Transport Inspectorate;

2) liability for breach of obligations or conditions of carriage by road:

(a) road haulers or other activities relating to the carriage of goods,

(b) drivers,

(c) persons managing transport,

(d) other persons carrying out road haulage activities;

3) the rules and mode of designating the stations where assistance to disabled persons and persons with reduced mobility is provided;

4) the principle of protection of passengers ' rights.

Article 2. [ Principle of reciprocity] On the basis of reciprocity, unless otherwise provided by international agreements ratified by the Republic of Poland, a foreign entrepreneur entitled to carry out road transport on the basis of the law applicable to the country of his seat may him execute in the territory of the Republic of Poland on the basis specified in the Act.

Article 3. [ Exemption of application of the law] 1. The provisions of the Act shall not apply to carriage by road operated by car vehicles or vehicle combinations:

1) designed to carry no more than nine persons, including the driver-in the non-commercial road transport of persons;

2. with a maximum permissible weight not exceeding 3,5 tonnes in road transport of goods and non-profit-making road transport of goods;

3) medical rescue teams and as part of sanitary transport services.

1a. The provisions of the Act apply to the inspection by the Road Transport Inspection:

1) observance of traffic regulations by the driving vehicles under the rules laid down in the Act of 20 June 1997. -The right of traffic (Dz. U. 2012 r. items 1137, from late. zm.);

2) the correctness of the payment of the electronic fee referred to in art. 13 (1) 1 point 3 of the Act of 21 March 1985. o public roads (Dz. U. of 2016 r. items 1440).

2. For road hauls performed:

1) within the framework of universal postal services,

2) in the framework of services consisting in the transport of municipal waste or liquid uncleanliness,

3) by non-entrepreneurial entities,

4) in the context of the removal of the consequences of accidents or accidents by road aid vehicles

-the provisions of the Act on Non-commercial Road Transport shall apply accordingly.

Article 4. [ Definitions] The terms used in the Act shall mean:

1) national road transport-taking up and doing business in the transport of persons or goods vehicles registered in the country, for which also vehicles of vehicles consisting of a car vehicle are also considered to be trailers or semi-trailers, on the territory of the Republic of Poland, with the driving, the place of departure or completion of the journey and the journey and the road are located on the territory of the Republic of Poland;

2. international road transport-taking up and doing business in respect of the carriage of passengers or goods by motor vehicles, for which also the combination of vehicles consisting of a motor vehicle and a trailer is also considered to be semi-trailer, with the driving of the vehicle between the initial and the destination, taking place with the crossing of the border of the Republic of Poland;

(3) road transport-national road transport or international road transport; this shall also include:

(a) any road journey carried out by an economic operator in relation to an economic activity, which does not fulfil the conditions referred to in point 4,

(b) the economic activity of brokering on the carriage of goods;

(4) non-commercial road transport-carriage for own needs-any journey of a vehicle on public roads with or without passengers, loaded or unladen, intended for an unpaid national and international carriage of passengers by road or things, carried out by an auxiliary entrepreneur in relation to his basic business activity, fulfilling the following cumulative conditions:

(a) the motor vehicles used for the carriage are carried out by the trader or his/her employees,

(b) the trader shall have legal title for the disposal of motor vehicles,

(c) in the case of the journey of a loaded vehicle, the goods carried by the trader or sold by the trader, bought, hired, leased, produced, extracted, processed or repaired, or the purpose of the journey is carriage people or things from the company or to the company for its own needs, and the carriage of workers and their families,

(d) is not a carriage in the course of business activities in the field of tourist services;

5) non-profit national road carriage-carriage for own needs executed on the territory of the Republic of Poland;

6) non-profit international road carriage-carriage for own needs executed with crossing the border of the Republic of Poland;

6a) road transport-road transport or non-commercial road transport, as well as other road transport within the meaning of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006. on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 as well as repealing Council Regulation (EEC) No 3820/85 (Dz. Urz. EU L 102, 11.04.2006, p. 1), hereinafter referred to as "Regulation (EC) No 561/2006";

7) international scheduled carriage-the public transport of persons and their luggage at specified intervals and specified routes, carried out in whole or in part outside the territory of the Republic of Poland;

7a) (repealed)

8) a communication line-a communication link on a certain road between the stops indicated in the timetable, followed by regular passenger transport;

8a) stop-a place intended for the embarkation or disembarkation of passengers on a given communication line, marked in the manner prescribed by the provisions of the Act of 20 June 1997. -the road traffic law, with information on the timetable, taking into account the hours of departures of the road transport operator authorised to use this site;

(9) regular scheduled carriage-non-public scheduled carriage of a specific group of persons, except for other persons;

(10) the carriage of a shuttle-multiple transport of organised groups of persons and back, between the same starting point and the same destination, subject to the following cumulative conditions:

(a) each group of persons transported to the destination shall be returned to the place of origin,

(b) the place of departure and the place of destination shall be the place of departure of the transport service and the place of completion of the transport service respectively, taking into account in each case the surrounding localities within a 50 km radius;

(11) occasional carriage-the carriage of passengers who does not constitute a regular carriage, a regular carriage or a shuttle service;

12) cabotage transport-carriage carried out by a car vehicle registered abroad or by a foreign entrepreneur between the places located in the territory of the Republic of Poland;

13) combined transport-carriage of goods during which the lorry, trailer, semi-trailer with or without a towing unit, swap body or container 20-degree or greater use the road in the initial or final section carriage and on another section from the service of the rail, inland waterway or sea transport, with a sea section exceeding 100 km in a straight line; the section of the initial or final transport means the transport of:

(a) between the point where the items are loaded, and the nearest appropriate rail loading station for the initial segment and between the nearest appropriate rail landing station and the point where the items are unloaded, for the final segment or

(b) within a radius not exceeding 150 km in a straight line from the inland or sea port of loading or unloading;

14) international combined transport-combined transport, during which the crossing of the border of the Republic of Poland occurs;

15) road carrier-an entrepreneur entitled to carry out an economic activity in the field of road transport;

16) a foreign road carrier-a foreign entrepreneur entitled to perform an economic activity in the field of road transport on the basis of the regulations in force in the State in which its head office is located;

17) licence-administrative decision issued by the Main Inspectorate of Road Transport or specified in the law of the local government authority, entitling to take up and perform economic activities in the field of road transport;

18) permit-an administrative decision issued by the minister competent for transport, the Chief Inspector of Road Transport, or specified in the law the authority of the local government, entitling the road transport operator to perform the specified the type of road transport;

19) foreign permit-a document received under an international agreement from the competent authority of another State or an international organization by the competent authority of the Republic of Poland handed over to the road hauler and authorising it to carry out international road transport, once or repeatedly, to or from the territory of the State as defined in the permit or transit through its territory;

19a) a driving form-a document issued on the basis of art. 12 of Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009. on common rules for access to the international market for coach and bus services and amending Regulation (EC) No 561/2006 (Dz. Urz. EU L 300, 14.11.2009, p. 88, of late. zm.) and on the basis of the agreement on the international occasional carriage of passengers by coach and bus (INTERBUS Agreement), drawn up in Brussels on 11 December 2000. (Dz. U. 2003 r. items 1076);

20) certificate of professional competence-a document confirming the possession of qualifications and knowledge necessary to undertake and perform an economic activity in the field of road transport;

21) (repealed)

21a) the operating base-a place equipped with the appropriate technical equipment and technical equipment capable of carrying out transport operations in an organised and continuous manner, consisting of at least one of the following elements: the parking place, the place of loading, unloading or bulking of cargo, the place of maintenance or repair of vehicles;

22) obligations or conditions of carriage by road-obligations or conditions resulting from the provisions of the Act and:

(a) Council Regulation (EEC) No 3821/85 of 20 December 1985. on recording equipment used in road transport (Dz. Urz. OJ L 370, 31.12.1985, p. 21),

(b) (repealed)

(c) (repealed)

(d) (repealed)

(e) (repealed)

(f) (repealed)

(g) Council Regulation (EC) No 1/2005 of 22 December 2004. on the protection of animals during transport and related operations and amending Directives 64 /432/EEC and 93 /119/EC and Regulation (EC) No 1255/97 (Dz. Urz. L 3 of 05.01.2005, str. 1-44),

(h) Regulation (EC) No 561/2006,

(i) Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006. on shipments of waste (Dz. Urz. OJ L 190, 12.7.2006, p. 1-98),

(j) Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009. laying down common rules on the conditions for the pursuit of the occupation of road transport operator and repealing Council Directive 96 /26/EC (Dz. Urz. OJ L 300, 14.11.2009, p. 51-71),

(k) Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009. concerning common rules for access to the international road hauls market (Dz. Urz. OJ L 300, 14.11.2009, p. 72-87),

(l) Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009. on common rules for access to the international market for coach and bus services and amending Regulation (EC) No 561/2006,

(m) of the Act of 15 November 1984. -Transport law,

(n) of the Act of 13 September 1996. keeping cleanliness and order in the municipalities (Dz. U. of 2016 r. items 250, 1020 and 1250),

(o) of the Act of 20 June 1997. -Right of road traffic,

(p) of the Act of 21 August 1997. on the protection of animals (Dz. U. of 2013 r. items 856, of 2014 items 1794, of 2015 items 266 and 2016 items 1605),

(r) the Act of 16 April 2004. about the time of drivers ' work (Dz. U. 2012 r. items 1155 and 2013 items 567),

(s) of the Act of 29 July 2005. a system of digital tachographs (Dz. U. Entry 1494, 2007 items 661, of 2011 items 622 and 1016, from 2015 items 1893 and from 2016. items 1579),

(t) of the Act of 25 August 2006. on food safety and nutrition (Dz. U. of 2015 items 594 and 1893 and from 2016. items 65, 1228, 1579 and 1760),

(u) of the Act of 29 June 2007. on the international shipment of waste (Dz. U. of 2015 items 1048),

(w) the Act of 16 December 2010. public transport by collective transport (Dz. U. of 2015 items 1440, 1753, 1890 and 1893 and from 2016. items 1342),

(wa) of the Act of 5 January 2011. on driving vehicles (Dz. U. of 2016 r. items 627, 904, 1241 and 1579),

x) of the Act of 19 August 2011. the transport of dangerous goods (Dz. U. Entry 1367 and 1454, of 2015. items 1273 and 1893 and from 2016. items 542 and 1165),

(y) binding the Republic of Poland of international agreements in the field of road transport;

23) a disabled person and a person with reduced mobility-a disabled person and a person with reduced mobility within the meaning of art. 3 lithium j Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 on the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (Dz. Urz. EU L 55, 28.02.2011, p. 1).

Chapter 2

Rules for the taking and pursuit of road transport

Article 5. [ License for road transport] 1. The subtracting and execution of road transport, subject to art. 5b par. 1 and 2, it requires authorisation to pursue the occupation of road transport operator, in accordance with the rules laid down in Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009. laying down common rules on the conditions for the pursuit of the occupation of road transport operator and repealing Council Directive 96 /26/EC, hereinafter referred to as 'Regulation (EC) No 1071/2009'.

2. The operator shall be authorised to practise the occupation of road transport operator if:

1. it meets the requirements laid down in Regulation (EC) No 1071/2009;

(2) in respect of drivers employed by the trader, and other persons not employed by the trader but who carry out personally the carriage to his or her behalf, no prohibition of the exercise of the driver's profession has been ordered.

2a. For criminal offences in the fields referred to in art. 6 para. 1 litas and Regulation (EC) No 1071/2009 as regards the fulfilment of the good repute requirement shall be considered to be intentional offences as defined in:

1. 173-175, art. 178-180, art. 189a, art. 218-221, art. 296-306 and Art. 308 of the Act of 6 June 1997. -Penal Code (Dz. U. of 2016 r. items 1137);

2. Article 586-589 of the Act of 15 September 2000. -Code of Commercial Companies (Dz. U. of 2016 r. items 1578 and 1579);

3. Article 522 and art. 523 of the Act of 28 February 2003. -bankruptcy law (Dz. U. of 2015 items 233, z późn. zm.);

4. Article 53-64 and art. 68 of the Act of 29 July 2005. anti-drug addiction (Dz. U. of 2016 r. items 224 and 437);

5) art. 399 and art. 400 of the Act of 15 May 2015. -Restructuring law (Dz. U. of 2016 r. items 1574 and 1579).

3. The authorisation to practise the occupation of road transport operator shall be granted for an indeterminate period.

Article 5a. [ Community licence] 1. The subtracting and execution of international road transport requires the obtaining of an appropriate Community licence, in accordance with the rules laid down in:

(1) Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009. concerning common rules for access to the international road hauls market, hereinafter referred to as 'Regulation (EC) No 1072/2009', or

(2) Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009. on common rules for access to the international market for coach and bus services and amending Regulation (EC) No 561/2006, hereinafter referred to as 'Regulation (EC) No 1073/2009'.

2. A Community licence shall be granted to the trader if he is authorised to pursue the occupation of road transport operator.

Article 5b. [ The licence to carry out national road transport in respect of the carriage of passengers or goods] 1. The subtracting and execution of national road transport in the area of passenger transport:

1) a passenger car,

2) a motor vehicle designed to be constructed above 7 and not more than 9 persons including the driver,

3) taxi

-requires the appropriate licence.

2. The subtracting and execution of road transport in connection with the carriage of goods shall be subject to an appropriate licence.

3. The licence referred to in paragraph 1. 1 and 2, shall be granted for a marked period of not less than 2 years and not exceeding 50 years, taking into account the request of the party.

Article 5c. [ Licensing of national road transport in respect of the carriage of passengers or goods] 1. The Licence referred to in art. 5b par. 1 (1) and (2), a trader shall be granted if:

1. members of the governing body of a legal person, persons managing a public or limited partnership, and, in the case of another entrepreneur, persons carrying out an economic activity:

(a) have not been convicted by a final sentence for criminal offences or intentional criminal offences: against security in communication, property, economic defence, reliability of documents, environment or working conditions and pay or other means of employment connection with the exercise of the profession,

(b) they have not been issued a final judgment prohibiting the pursuit of economic activities in the field of road transport;

2) at least one of the persons managing the undertaking or the managing person in the undertaking by road legitimises the certificate of professional competence;

3. it is in a financial situation which provides for the taking up and pursuit of an economic activity in the field of road transport with the available financial or financial means at:

(a) EUR 9000-for the first motor vehicle intended for road transport,

(b) EUR 5000-for each subsequent motor vehicle intended for road transport;

4. in respect of the drivers employed by it, and other persons not employed by the trader but who carry out personally the carriage to his or her behalf, no prohibition of the pursuit of the driver's profession has been ordered;

5) it has a legal title to dispose of a vehicle or vehicles complying with the technical requirements laid down by the law on road traffic for which road transport is to be carried out.

2. The licence referred to in art. 5b par. 2, a trader shall be granted if:

1) meets the requirements referred to in paragraph. 1 (1) and (2);

2) is in a financial situation which provides for the taking up and pursuit of economic activities in the field of road transport with the specified available funds or assets of EUR 50 000.

3. The requirement referred to in paragraph 1 1 point 3 and paragraph. 2, point 2 shall be confirmed:

1) annual financial statements;

2. supporting documents:

(a) the disposal of cash in cash or in bank accounts or available assets,

(b) holding shares, shares or other transferable securities,

(c) the provision of guarantees or bank guarantees,

(d) property ownership.

4. When assessing the financial situation referred to in paragraph 1, 1 point 3 and paragraph. 2 point 2, the average rate published by the National Bank of Poland shall be used, in force on the last day of the year preceding the year in which the assessment is made.

Article 6. [ Performing a road taxi transport] 1. Licence for the execution of national road transport in the field of carriage of persons by taxi shall be granted to the entrepreneur, if:

1) meets the requirements set out in Art. 5c ust. 1 (1) and (5);

2. the driver employed by him and the entrepreneur himself, who carries out the transport in person:

(a) (repealed)

(b) they have not been convicted of offences against life and health and against sexual freedom and customs, and have not been issued a final decision prohibiting the pursuit of the driver's profession,

(c) have a certificate of completion of the road transport training of a taxi, confirmed by a passed examination in the case referred to in paragraph 1. 3a,

(d) comply with the requirements laid down in Article 39a ust. 1 points 1 to 4.

2. (repealed)

2a. (repealed)

2b. (repealed)

3. (repealed)

3a. The municipal council of more than 100 000 inhabitants may introduce, by way of a resolution, the obligation to complete the training culled before the examination committee, confirming the knowledge of the topography of the village and the provisions of local law, by an entrepreneur personally carrying out the transport or the driver employed by him/her.

3b. For carrying out the training and examination referred to in paragraph. 3a, a fee shall be charged.

3c. In the case referred to in paragraph. 3a, the municipal council will determine, by means of a resolution:

1) the frequency of exams, not less frequently than once a year;

2) a training programme in a dimension not exceeding 20 hours;

3. the method of appointing the Selection Board, its composition, the mode of operation and the amount of the remuneration for the work of the committee;

4) the method of examination and the range of knowledge required for the exam, on the basis of which the examination board prepares the examination questions;

5. the model of the certificate of completion of training;

6) the amount of the training and examination fees, taking into account the costs of training and examination, and the fact that the total amount of these fees may not exceed 20% of the amount of the average monthly salary in the national economy in the year preceding conducting the training and examination, promulgated by the President of the Central Statistical Office pursuant to the provisions of the Act of 17 December 1998. o pensions from the Social Insurance Fund (Dz. U. of 2016 r. items 887).

4. The licence referred to in paragraph 1, shall be granted for a specific vehicle and area comprising:

1. the municipality;

(2) the neighbouring municipalities, after the agreement has been concluded by them;

3) the capital city of Warsaw.

5. It is permissible to carry out carriage from the area defined in the licence outside that area, but without the right to provide transport services outside the area specified in that licence, with the exception of carriage carried out on the return journey or in the case of a submission A customer order from another area.

6. (repealed)

7. (repealed)

Article 7. [ Award, refusal, amendment or revocation of a licence] (1) The division, refusal, modification and suspension or revocation of the authorisation to pursue the occupation of road transport operator shall be effected by administrative decision.

2. The authority competent in matters of granting, refusal, amendment and suspension or withdrawal of authorisation to pursue the occupation of road transport operator shall be:

1) an old age competent for the establishment of the entrepreneur referred to in art. 5 lit. and Regulation (EC) No 1071/2009;

2) The Chief Inspector of Road Transport, in the case of applying for a Community licence, if the entrepreneur did not apply for a permit to exercise the occupation of road transport operator by the authority referred to in point 1.

3. Division, refusal, amendment or withdrawal of the Community licence and the licence referred to in Article 3. 5b par. 1 and 2, shall be followed by an administrative decision.

4. Competent authority in matters of approval, refusal, amendment or revocation:

1) the Community licence is the Chief Inspector of Road Transport;

2) a licence for the execution of national road transport in the area of passenger transport by car, a motor vehicle designed to carry more than 7 and no more than nine persons including the driver or the licence to carry out the operation the road haulage transport by road is an old age for the place of residence or the place of residence of the trader;

3) a licence for carrying out national road transport in the area of passenger transport by taxi:

(a) in the area referred to in Article 6 para. 4 point 1, is the mayor, mayor or president of the city,

(b) in the area referred to in Article 6 para. 4 point 2, is the mayor, mayor or president of the city competent for the establishment or the place of residence of the entrepreneur,

(c) in the area referred to in Article 6 para. 4 point 3, is the President of the Capital City of Warsaw.

Article 7a. [ Application for authorisation to pursue the occupation of road transport operator and for granting a Community licence] 1. Permits to the pursuit of the occupation of road transport operator and Community licence shall be granted at the request of the entrepreneur submitted in writing, in paper form or in electronic form by means of electronic communication in meaning of the Act of 17 February 2005. information on the activities of entities carrying out public tasks (Dz. U. of 2014 items 1114 and 2016 items 352 and 1579), after payment of the fees referred to in art. 41 par. 1 points 1 and 11.

2. The application referred to in paragraph 2. 1, contains:

1) the designation of the trader, his address and his seat or his place of residence;

2) the address of the establishment of the entrepreneur referred to in art. 5 lit. and Regulation (EC) No 1071/2009;

3) information on the entry to the Central Register and Information on Economic Activity (CEIDG) or the number in the Register of Entrepreneurs of the National Court Register (KRS), if required;

4) the tax identification number (NIP);

5) determination of the type of road transport;

6) determination of the type and number of motor vehicles, which the entrepreneur will use to carry out road transport;

7) the name, address of residence and the number of the certificate of professional competence of the person managing the transport referred to in art. 4 par. 1 of Regulation (EC) No 1071/2009 or the person referred to in Article 4 par. 2 of Regulation (EC) No 1071/2009;

8) determination of the number of discharges from the permit to pursue the occupation of road transport operator or from a Community licence;

9. in the case of a Community licence, the determination of the time for which it is to be granted.

3. The application for authorisation of the occupation of road transport operator shall be accompanied by:

1) a statement by the person managing the transport of the following content: " I declare, that according to art. 4 par. 1 of Regulation (EC) No 1071/2009 will be the transport manager " and a copy of the certificate of professional competence of that person or the declaration of the person entitled under the contract to carry out the tasks of transport manager on behalf of traders that they meet the conditions referred to in art. 4 par. 2 lithium c of Regulation (EC) No 1071/2009, and a copy of the certificate of professional competence of that person;

2) documents confirming the fulfilment of the conditions referred to in art. (Article 7 of Regulation (EC) No 1071/2009;

3) a statement by the entrepreneur that it has a base of exploitation together with an indication of the address of the base, if that address is different from the address indicated in accordance with the paragraph. 2 point 1;

4) a statement of intent to hire drivers fulfilling the conditions referred to in art. 5 par. 2 (2), or a declaration of intention to cooperate with persons not employed by the trader but who carry out a personal transfer to his/her behalf, meeting the conditions referred to in Article 4 (2). 5 par. 2 point 2;

5) proof of payment of the fee for the authorization to pursue the profession of road transport operator and the discharges from this permit;

6) information from the National Penal Register concerning the person:

(a) a member of the governing body of the legal person, the person managing the public or the limited partnership,

(b) carrying out an economic activity, in the case of another trader,

(c) the management of the transport or the contract for the performance of the transport manager's tasks on behalf of the trader

-of impunity for criminal offences in the areas referred to in Article 6 para. 1 litas (a) of Regulation (EC) No 1071/2009, as listed in Article 5 par. 2a;

7) a statement of the persons referred to in point 6, of the impunity for the serious infringement referred to in art. 6 para. 1 litas B of Regulation (EC) No 1071/2009, including the most serious infringement set out in Annex IV to Regulation (EC) No 1071/2009.

4. The application for a Community licence shall be accompanied by:

1) a copy of the permit to pursue the occupation of road carrier;

2) a certificate issued by the authority which authorised the pursuit of the occupation of road transport operator, about the number of vehicles for which the requirement of financial capacity has been documented, in accordance with art. (Article 7 of Regulation (EC) No 1071/2009;

3. proof of payment of the fee for the issue of the Community licence and of the discharges from that licence.

5. Where the application referred to in paragraph 1 is not applicable. 1, shall be made in the electronic form of the Annexes referred to in paragraph 1. 3 and 4, also composed in electronic form.

6. The certificates referred to in paragraph 1 3 points 3, 4 and 7, shall consist of a penalty of criminal liability for making false statements. The applicant shall be obliged to make a clause of the following content: 'I am aware of the criminal responsibility for making a false declaration.' This clause replaces instructing the body of criminal responsibility for making false statements.

7. After obtaining the permit to pursue the profession of road transport operator, the entrepreneur shall submit to the body referred to in art. 7 ust. 2, a list of vehicles containing the following information:

1) brand, type;

(2) type/destination;

3. the registration number;

4. VIN number;

5) an indication of the type of legal title to be available to the vehicle.

Article 7b. [ Annual financial report] 1. Entrepreneur, who is not required under the provisions of the Act of 29 September 1994. of accounting (Dz. U. of 2016 r. items 1047) to draw up the annual financial statements may document its financial capacity as referred to in art. 7 ust. Article 1 (1) of Regulation (EC) No 1071/2009, as indicated in the Article 7 ust. 2 of that Regulation.

2. The auditor authorized to certify the annual financial statements referred to in art. 7 ust. 1 of Regulation (EC) No 1071/2009, is a statutory auditor within the meaning of the provisions of the Act of 29 September 1994. of accounting.

3. The duly authorised person to certify the annual financial statements referred to in art. 7 ust. 1 of Regulation (EC) No 1071/2009, is a member of the management board of a commercial law company or other legal entity, a partner of a public company, a complimentary partnership of a limited partnership or a limited joint-stock company, or an entrepreneur who is a natural person.

4. The requirement to keep accounting documents at the premises referred to in art. 5 lit. and Regulation (EC) No 1071/2009, shall be deemed to be satisfied if the trader has entrusted the keeping of the undertaking's accounts as referred to in Article 4 (1) of Regulation (EC) No 1071/2009. 76a (a) 3 of the Act of 29 September 1994. of an accounting, or of a trader operating in that respect from another Member State within the meaning of the Article 2. 1 point 4 of the Act of 4 March 2010. o the provision of services in the territory of the Republic of Poland (Dz. U. of 2016 r. items 893).

Article 7c. [ Appointment of a natural person entitled to carry out transport management tasks on behalf of a micro-entrepreneur] Micro-entrepreneur within the meaning of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. of 2016 r. items 1829) may, without designating a transport manager meeting the conditions referred to in art. 4 par. Pursuant to Article 1 of Regulation (EC) No 1071/2009, by contract, a natural person authorised to carry out transport management tasks on his behalf may be designated by the contract if he/she fulfils the conditions referred to in Article 3 (1) of Regulation (EC) No 1071 4 par. 2 of Regulation (EC) No 1071/2009.

Article 7d. [ Loss of good repute] 1. The body referred to in art. 7 ust. 2, shall initiate administrative proceedings in respect of the fulfilment of the good repute requirement if, in the light of:

1) a member of the governing body of a legal person, a person managing a public company, a limited partnership or a limited joint-stock company, a natural person pursuing an economic activity, a transport manager or a natural person, referred to in art. 7c, a final judgment convicted of a criminal offence in the areas referred to in Article 4 has been adjudicated. 6 para. 1 litas (a) of Regulation (EC) No 1071/2009, as listed in Article 5 par. 2a;

2) the entrepreneur, the transport manager or the natural person referred to in art. 7c:

(a) an enforceable administrative or administrative decision has been made for the imposition of a penalty payment for the serious infringement set out in Annex I to Commission Regulation (EU) 2016/403 of 18 March 2016. supplementing Regulation (EC) No 1071/2009 of the European Parliament and of the Council with regard to the classification of serious infringements of Union rules which may lead to a loss of good reputation by a road transport operator and amending Regulation (EC) No 1071/2009 Annex III to Directive 2006 /22/EC of the European Parliament and of the Council (Dz. Urz. EU L 74 of 19.03.2016, str. 8), hereinafter referred to as "Commission Regulation (EU) 2016/403", where the frequency of their occurrence, as set out in Annex II to that Regulation, requires an assessment of good repute,

(b) a criminal offence shall be ordered or imposed by means of a criminal or criminal mandate to constitute a serious infringement as referred to in Annex I to Commission Regulation (EU) 2016/403, if the frequency of their occurrence, in accordance with Annex II to that Regulation requires the assessment of good repute,

(c) an administrative decision has been issued to impose a penalty payment for the most serious infringement set out in Annex IV to Regulation (EC) No 1071/2009, or

(d) the penalty for misconduct constituting the most serious infringement referred to in Annex IV to Regulation (EC) No 1071/2009 has been imposed or imposed by a criminal mandate under criminal terms.

2. After the administrative procedure in the case referred to in paragraph. 1 point 1, the body referred to in art. 7 ust. 2, it shall issue a decision determining the loss of good repute.

3. After the initiation of the procedure referred to in paragraph 1. 1 point 2, the body referred to in art. 7 ust. 2, verifies the way and conditions for the execution of road transport.

4. When assessing good repute, the body referred to in art. 7 ust. 2, shall take into account in particular:

1) whether the number of observed breaches is insignificant in relation to the number of drivers employed by the entrepreneur or at his disposal and the scale of the transport operations carried out;

2) whether there is an opportunity to improve the situation in the enterprise, whether in the enterprise an action has been taken to implement the correct discipline of work or to implement procedures to prevent the emergence of breaches of obligations or conditions carriage by road;

3) the social interest of the continuation of business by the entrepreneur, in particular if the withdrawal of the permit to pursue the occupation of road transport operator would significantly increase the level of unemployment in the village, the municipality or the region;

4) the opinion of the Polish organisation with the scope of a nationwide association of road hauliers, operating for at least 3 years, of which the entrepreneur is a member.

5. After conducting the administrative proceedings, the body referred to in art. 7 ust. 2:

1) issue a decision determining the loss of good repute-in the event of recognition that the loss of good repute will constitute a proportional response for the breaches committed, or

2) issue a decision stating that the good reputation remains intact-in the case of recognition that the loss of good repute will constitute a disproportionate response for the violations committed.

6. In the case of the decision referred to in the paragraph. 5 pt. 1:

1) the requirement of good repute is not met;

2) the body referred to in art. 7 ust. 2, suspends the authorisation to pursue the occupation of road transport operator

-pending the application of the rehabilitation measure referred to in Article 7e.

7. Execution of road transport in the event that entrepreneurs have been suspended permission to pursue the occupation of road transport operator, shall be tantamount to carrying out the carriage without authorization.

Art. 7e. [ Rehabilitation measures] Through the rehabilitation measures referred to in art. 6 para. 3 of Regulation (EC) No 1071/2009, shall be understood as follows:

1) to tart convictions for the offences referred to in art. 5 par. 2a;

(2) a failure to convict the infringements referred to in Annex IV to Regulation (EC) No 1071/2009 or of Annex I to Commission Regulation (EU) 2016/403;

3. expiry of the year from the date of the imposition of the fine in the form of a criminal mandate for infringements as referred to in Annex IV to Regulation (EC) No 1071/2009 or of Annex I to Commission Regulation (EU) 2016/403;

4. the administrative penalties imposed for the infringements referred to in Annex IV to Regulation (EC) No 1071/2009 or of Annex I to Commission Regulation (EU) 2016/403 shall become non-bovine, in accordance with Article 4 (1) of Regulation (EC) No 1071/2009. 94b.

Article 8. [ Application for a licence] 1. The licences referred to in art. 5b par. 1 and 2, shall be granted at the request of the entrepreneur made in writing, in paper form or in electronic form, after payment of the fee referred to in Article 41 par. 1 point 1.

2. The application referred to in paragraph 2. 1, contains:

1) the designation of the trader, his address and his seat or his place of residence;

2) information on the entry to the Central Register and Information on Economic Activity (CEIDG) or the number in the Register of Entrepreneurs of the National Court Register (KRS), if required;

3) tax identification number (NIP);

4) determination of the type and scope of road transport, and in the field of road transport by taxi-also the area of transport execution;

5) determination of the time on which the licence is to be granted;

6) determination of the type and number of motor vehicles, which the entrepreneur will use to carry out road transport-in the case of the execution of road transport in the scope referred to in art. 5b par. 1 (1) and (2);

7) determination of the number of discharges from the licence-in the case of the execution of road transport within the scope referred to in art. 5b par. 1 (1) and (2).

3. The application for a licence referred to in art. 5b par. 1 and 2, shall be accompanied by:

1) a statement by the person managing the transport of the following content: " I declare, that according to art. 5c ust. 1 point 2 of the Act of 6 September 2001. for road transport, I will act as a person managing road transport in the company " and a copy of the certificate of professional competence of that person;

2) a statement of the members of the governing body of the legal person, the person managing the public company or the limited partnership, and in the case of another entrepreneur-the person conducting the business activity, that he meets the requirement of good repute, referred to in art. 5c ust. 1 point 1;

3) documents confirming the fulfilment of the conditions referred to in art. 5c ust. 1 point 3 or paragraph. 2 point 2;

4) a statement of intent to hire drivers fulfilling the conditions referred to in art. 5c ust. 1 point 4 or in Article 6 para. 1 point 2, or a declaration of intent to cooperate with persons not employed by the trader but who carries out a personal transfer to his or her behalf, meeting the conditions referred to in Article 3 (1) of Regulation (EU) No 211/ach of the European Commission. 5c ust. 1 point 4;

5. a list of vehicles containing the following information:

(a) the brand, type,

(b) type/destination,

(c) the registration number,

(d) the VIN number,

(e) an indication of the type of legal title to be available to the vehicle

6) proof of payment of the licence fee and the discharges from this licence.

4. Where the application referred to in paragraph 1, shall be made in the electronic form of the Annexes referred to in paragraph 1. 3, also consists in electronic form.

5. When submitting the application referred to in paragraph. 1, shall not be accompanied by the documents referred to in paragraph 1. 3:

1. points 1 and 3-where the application concerns a licence for the exercise of national road transport in respect of the carriage of passengers by taxi;

2. points 4 and 5-where the application relates to a licence for the carriage of goods by road in connection with the carriage of goods by road.

6. The certificates referred to in paragraph 1 3 points 1, 2 and 4 shall consist of a penalty of criminal responsibility for making false statements. The applicant shall be obliged to make a clause of the following content: 'I am aware of the criminal responsibility for making a false declaration.' This clause replaces instructing the body of criminal responsibility for making false statements.

Article 9. (repealed)

Article 10. (repealed)

Article 11. [ Licence and authorisation to pursue the occupation of carrier] 1. In the permit to practise the occupation of road transport operator and the licence shall specify in particular:

1) the registration number of the permit for the pursuit of the occupation of road transport operator or licence;

2) the authority which granted the permit to pursue the occupation of road transport operator or licence;

3) the date of granting the authorization to pursue the occupation of road transport operator or licence;

4) the legal basis;

5) the entrepreneur, his address and his seat or place of residence;

6) the type and scope of road transport;

7) designation of the area of transport-in the case of a licence for carrying out national road transport in the area of passenger transport by taxi;

8. the term of validity.

2. The authority granting authorisation to practising the occupation of road transport operator referred to in art. 7 ust. 2, issue a extract or extracts from this permit in a number of not more than the number of motor vehicles specified in the application for authorisation, for which the requirement of financial capacity has been documented, according to art. (Article 7 of Regulation (EC) No 1071/2009).

2a. In the event of a loss of entitlement under a Community licence, the competent authority for the issue of a discharge or of an authorisation for the pursuit of the occupation of road transport operator issued by the authority referred to in Article 3 (1) of the EC-law. 7 ust. Article 2 (2) is an old age competent for the establishment of the trader referred to in Article 2 (2). 5 lit. and Regulation (EC) No 1071/2009.

2b. In the case referred to in paragraph. 2a, the body referred to in art. 7 ust. 2, point 2, shall transmit the case file within 30 days from the date on which the decision on the loss of power became final.

3. The authority granting the Community licence referred to in Article 3. 7 ust. 4 (1), shall issue a extract or extracts from that licence in a number of not more than the number of motor vehicles specified in the licence application for which the requirement of financial capacity has been documented, in accordance with Article 4 (1) (a) of the Financial Regulation. (Article 7 of Regulation (EC) No 1071/2009).

4. The licensing authority referred to in art. 5b par. Article 1 (1) and (2) shall issue an extract or extracts from that licence in a number of not more than the number of motor vehicles specified in the licence application for which the fulfilment of the requirement referred to in Article 1 (1) is documented. 5c ust. 1 point 3.

Article 11a. [ Prohibition of possession of discharge from authorisation to pursue the occupation of road transport operator and discharges from a Community licence] 1. The entrepreneur shall be prohibited from holding the writings from the permit for the pursuit of the occupation of road transport operator and discharges from the Community licence in a total number exceeding the number of vehicles for which the requirement of financial capacity has been documented, in accordance with art. (Article 7 of Regulation (EC) No 1071/2009).

2. The entrepreneur is obliged to return the supranational excerpts to the body which issued them within 7 days from the day on which the total number of discharges exceeded the number of vehicles for which the requirement of financial capacity was documented, according to art. (Article 7 of Regulation (EC) No 1071/2009).

Article 11b. [ Determination of prices for taxi services in the municipality] 1. The municipal council may set prices for the transport of taxis on the territory of the municipality. In the capital city of Warsaw, these powers are entitled to the Council of Warsaw.

2. The municipal council shall determine the price zones (tariff rates) in force for the carriage of passengers and cargo of taxis.

Article 11c. [ Prices and maximum tariff rates] The prices and tariff rates referred to in Article 11b, they have the nature of the prices and the tariff rates.

Article 12. [ Permit to pursue the occupation of road transport operator and a licence for national and international road transport] 1. Permit to pursue the occupation of road transport operator and the licence referred to in art. 5b par. 1, entitle to carry out carriage exclusively in the area of the Republic of Poland.

2. The licence referred to in art. 5b par. 1 points 1 and 2, do not entitles you to carry out a taxi by road.

(3) The Community licence entitles it to carry out international road transport in accordance with the type of transport referred to therein. This licence also entitles it to the execution of national road transport, in accordance with the type of transport referred to therein.

Article 13. [ Transfer of privileges resulting from the licence and the authorisation to pursue the occupation of the carrier] (1) The authorisation to pursue the occupation of road transport operator or licence shall not be allowed to derogate from third parties or to transfer the rights therefrom to a third party.

2. The authority which granted the authorisation to pursue the occupation of road transport operator, the Community licence or the licence referred to in art. 5b par. 1 (1) or (2) or (2) 2, transfers, by way of administrative decision, the powers resulting from them in the event of:

1) the death of a natural person who is authorized to pursue the occupation of road transport operator or the licence and to enter into its place of heir, including also the natural person who is a partner, in particular the public or the limited partnership,

2) merger, division or conversion, in accordance with the provisions of the Act of 15 September 2000. -Code of Commercial Companies (Dz. U. of 2016 r. items 1578 and 1579), or the sale of the company, in accordance with the provisions of the Act of 28 February 2003. -bankruptcy law (Dz. U. of 2015 items 233, z późn. zm.), an entrepreneur with a permit to pursue the occupation of road transport operator or a licence

-provided that the recipient of the person acquiring the rights deriving from the authorization to pursue the occupation of road haulier is satisfied that the requirements laid down in the Article 5 par. 2 or provided that the trader acquirts the rights under the requirements of the licence as laid down in Article 2 (2). 5a or Article 5c ust. 1 or 2.

3. The procedure referred to in paragraph 1. 2, shall be initiated at the request of the recipient of the power of entitlement.

Article 14. [ Obligations of the carrier] 1. The road carrier shall be obliged to report in writing, in paper form or in electronic form, to the authority which granted:

1. authorisation to pursue the occupation of road transport operator or Community licence, changes in the data referred to in art. 7a,

2) the licence referred to in art. 5b par. 1 and 2, changes in the data referred to in art. 8

-not later than 28 days from the date of their formation.

2. If the changes referred to in paragraph. 1, include the data contained in the permit to pursue the occupation of road transport operator or licence, the entrepreneur is obliged to request a change of the content of the permit or licence.

3. If the changes referred to in paragraph. 1 point 1, relying on an increase in the number of vehicles, the entrepreneur is obliged to document the financial capacity for each reported car vehicle, in accordance with art. 7 of Regulation (EC) No 1071/2009, and may request additional discharges from the permit to practises the occupation of road transport operator or from a licence.

4. If the changes referred to in paragraph 1 point 2, relying on an increase in the number of vehicles, the entrepreneur is obliged to document the financial situation for each reported car vehicle, according to art. 5c ust. 1 point 3, and may apply for additional discharges from the licence.

Art. 14a. [ Suspension of operation of road transport] 1. The road carrier may suspend, in whole or in part, the execution of road transport for a period of not more than 12 months.

2. The road carrier suspending the execution of road transport shall be obliged within 14 days from the date on which the period of suspension was commenced:

1. notify the authority which has granted the licence to suspend the use of road transport; the notice shall specify:

(a) the period for which the carriage of road transport is suspended,

(b) the number of licence discharges corresponding to the number of motor vehicles which have ceased to operate by road, in the event of a partial suspension of the road transport operation;

2) return to the authority that granted the license:

(a) all extracts from the licence-in the event of suspension of the operation of road transport in its entirety,

(b) extracts from licences corresponding to the number of motor vehicles which have ceased to carry out road hauls, in the event of a partial suspension of the road transport operation,

(c) the licence-in the event of suspension of the operation of the road transport

3. The body which granted the licence shall issue from the office a returned licence or extracts within 7 days before the end of the period for which the execution of the road transport has been suspended.

4. If the execution of road transport has been suspended for a period exceeding 3 months, the authority granted the licence shall make, within 14 days from the date of compliance of the requirements referred to in paragraph. 2, the reimbursement of the part of the fee paid for the issue of the licence and the discharges from the licence subject to the paragraph. 5, in proportion to:

1) the period of suspension of road transport;

2) the number of suspended discharges from the licence.

5. (repealed)

(6) The Minister responsible for transport shall determine, by way of regulation, the detailed modality and conditions for the reimbursement of the part of the charge, taking into account the principle of the proportional refund referred to in paragraph 1. 4.

Article 15. [ Unlicense] 1. The licence referred to in art. 5b par. 1 and 2, shall be withdrawn:

1. in the case of:

(a) a final judgment which prohibits an economic operator from exercising an economic activity under a licence has been issued;

(b) the trader has not undertaken the licensed activity within six months from the date of its issue, despite the request for the licensing authority to take it;

2. if the holder:

(a) does not meet the requirements for the exercise of road transport activities,

(b) has grossly violated the terms of the licence or other operating conditions of the licensed activity governed by the provisions of the law,

(c) to withdraw the licence or extract from the licence to a third party,

(d) he has ceased to pursue an economic activity under the licence and, in particular, does not exercise, as a result of circumstances dependent on him, the road transport at least for six months,

(e) abnormally violates the provisions relating to the working time of drivers or the qualifications of drivers

3. if the holder of a licence for the performance of national road transport in the field of carriage of persons by taxi does not arbitrate the indication of the measuring devices installed in the vehicle.

4) (repealed)

2. Withdrawal of the licence in the cases referred to in the paragraph. 1 point 2 points a, b, d and point It shall be preceded by a written warning by the trader that, in the event of a recurrence of infringements of those provisions, the procedure for withdrawal of licences shall be initiated. The provision shall not apply where the holder of the licence no longer complies with the requirements referred to in Article 4. 5c ust. 1 point 1 lit. a.

2a. Provision of the paragraph 1 point 2 (a) (d) shall not apply if the carrier has notified the authority which granted the licence, of the suspension of the operation of the road transport operation, in accordance with the rules laid down in Article 4 (1) of the Regulation. 14a.

3. The licence referred to in art. 5b par. 1 and 2, may be withdrawn if the holder:

1) did not submit, within the prescribed period, the information and documents referred to in Article. 8 ust. 2 and 3, art. 14 para. 2 and Art. 83;

2) grossly or repeatedly violates the provisions in terms of the permissible mass, axle loads or vehicle dimension;

3. the regulation, established by final decision or by final decision, of commitments:

(a) customs, tax or other obligations in respect of the State Treasury in respect of its economic activities in the field of road transport,

(b) to the counterparty;

4. Arbitrary:

(a) amend the indications of measuring devices or digital tachographs installed in the vehicle, subject to paragraph (a). 1 point 3,

(b) amend or delete the data recorded in the digital tachograph or on the driver card and card of the undertaking.

4. The entrepreneur is obliged to return the documents referred to in art. 11, the authority which granted the licence shall, without delay, not later than 14 days from the date on which the decision to withdraw the licence has become final.

5. In the case of withdrawal of the licence, it may not be granted again earlier than after 3 years from the date on which the decision to revoke the licence became final.

Art. 15a. [ Repeated serious infringement] 1. Multiple committing of a serious infringement referred to in art. 6 para. 1 litas (b) Regulation (EC) No 1071/2009, in a Member State of the European Union, may lead to the initiation of a procedure for the withdrawal of discharges from the Community licence and the suspension of the issue of additional discharges from the Community licence.

2. When calculating the frequency of multiple infringements, the time, gravity of the infringement and the average number of drivers carrying out transport operations for the trader shall be taken into account, in accordance with the model calculation set out in Annex II to the Commission Regulation (EU) 2016/403.

3. Three serious infringements or one very serious infringement, as set out in Annex I to the Commission Regulation (EU) 2016/403, per driver per year in the undertaking concerned, shall be issued by the authority referred to in Article 3 of the Regulation. 7 ust. 2, an entrepreneur established in the territory of the Republic of Poland a warning about the possibility of initiating the procedure referred to in paragraph. 1.

4. In the event of a second very serious infringement, in accordance with the model calculation in Annex II to Commission Regulation (EU) 2016/403, within one year from the date of application of the warning, the body referred to in Article 3 (1) of Regulation (EC) No 406/2006 (2). 7 ust. 2, shall, by administrative decision:

1. the withdrawal for a period of three months by 20% of the discharges of the Community licence and the suspension of the issue of additional discharges from the Community licence for a period of 6 months, in the case of the holding by the trader of more than 10 letters from the Community licence;

2. withdrawal of 1 discharge from the Community licence for a period of 3 months and the suspension of the issue of additional discharges from the Community licence for a period of 6 months-in the case of an entrepreneur having between 2 and 10 discharges of the Community licence;

3. suspension of the issue of additional discharges from the Community licence for a period of 6 months, in the case of an entrepreneur holding a Community licence.

5. In the case of a third very serious infringement, in accordance with the model of calculation in Annex II to Commission Regulation (EU) 2016/403, within one year from the date of the warning, the body referred to in Article 7 ust. 2, initiate administrative proceedings in respect of the fulfilment of the good repute requirement referred to in art. 7d.

6. Warning referred to in paragraph. 3, shall be deemed to be ineligible after one year from the date of the determination by the authority referred to in Article 3. 7 ust. 2, a very serious infringement, on the basis of which the warning was issued.

Art. 15b. [ Withdrawal of the write-offs of the Community licence] 1. The number of writings from the Community licence subject to withdrawal as a result of the application of the percentages referred to in Article 15a ust. 4 shall be rounded down.

2. An entrepreneur shall return the withdrawn copies of the Community licence to the issuing authority within 14 days from the date on which the decision to withdraw them became final.

3. For the return of the withdrawn extracts from the Community licence, no charges shall be levied.

(4) The number of Community licences held by the trader shall be determined as at the date of the opening of the administrative procedure to the trader.

Article 16. [ Termination of license] 1. Permit to pursue the occupation of road carrier expires in the event of:

1. renunciation;

2) death of the holder of the authorisation

(3) a liquidation or an order to declare the bankruptcy of an undertaking to which it has been granted, unless the circumstances referred to in Article 4 are met. 13 (1) 2;

4) issue to the trader a final decision prohibiting the pursuit of an economic activity in the field of road transport or a decision prohibiting the pursuit of the occupation of road transport operator.

2. The licence shall expire in the event of:

1) the passage of the period for which it was granted;

2) renunciation;

3) the death of the licence holder;

(4) the liquidation or order of bankruptcy of the undertaking to which it has been granted, unless the circumstances referred to in Article 4 (1) are met. 13 (1) 2;

5) the expiry of the authorisation to pursue the occupation of road transport operator in the case of a Community licence.

3. Article Recipe 15 para. 4 shall apply mutatis mutandis.

4. An entrepreneur may not relinate permission to pursue the occupation of a road transport operator or a licence in the event of the opening of proceedings to withdraw them.

(5) In the event of the death of a natural person authorised to pursue the occupation of road transport operator or a licence, the authority which granted them, at the request of the person who submitted the application for the acquisition of the inheritance, agrees, by decision, administrative, to exercise the rights deriving from the permit or licence for a period not exceeding 18 months from the date of death of the holder of the permit or licence.

Art. 16a. [ Obligation to store documents] 1. In the event of withdrawal of the permit for the pursuit of the occupation of road transport operator or the licence or their termination, the entrepreneur is obliged to store and make available to persons entitled to control documents and other media information required by the regulations, o which are referred to in art. 4 point 22, for a period of one year, starting from the date on which it ceased to carry out road transport.

2. Paragraph Recipe 1 shall apply mutatis mutandis to:

1) the entrepreneur on whom the powers resulting from the permit to pursue the occupation of road transport operator or licence in the mode referred to in art have been transferred 13 (1) 2;

(2) traders or natural persons who have been authorised to pursue the occupation of road transport operator or licence and have ceased to carry out an economic activity or carry out a road transport operation.

Art. 16b. [ Statement of incapacity by transport to drive transport operations] 1. The body which granted the authorisation to pursue the occupation of road transport operator, shall state, by means of an administrative decision, the inability of the transport manager to drive transport operations if:

1) the transport manager has lost a good reputation, according to art. 6 of Regulation (EC) No 1071/2009;

(2) a final decision prohibiting the routing of transport operations has been issued to the transport manager.

2. In the event of a statement of inability of the transport manager to drive the transport operations, the manager shall be obliged to return, within a period of not more than 7 days, the certificate of professional competence of the body referred to in paragraph. 1.

3. The body referred to in paragraph 1. 1, it shall immediately notify the body specified in the implementing rules issued on the basis of art. 39 (1) 1 point 1 on the retention of the certificate of professional competence.

4. Transport management recognised as being unable to drive transport operations shall be reinstated at its request the ability to drive transport operations, by means of an administrative decision, on the basis of the conditions for which the transport operations are based. a statement of incapacity to drive transport operations.

(5) In the event of a return to the management of the capacity to drive the transport operations, the body referred to in paragraph 1 shall be carried out. 1, shall return the certificate of professional competence to the Management Board by notifying the body as defined in the implementing rules adopted on the basis of art. 39 (1) 1 point 1.

Article 17. [ Specimen license and license print] 1. The Minister responsible for transport will determine, by means of a regulation, the model of authorisation to pursue the occupation of road transport operator and the discharge of such authorisation, the licence for the implementation of national road transport in the field of passenger transport a passenger car and a discharge from that licence, a licence for the exercise of national road transport for the carriage of passengers by a motor vehicle designed to carry more than 7 and no more than nine persons including the driver and the discharge of this licence, a licence for carrying out national road transport in the field of the carriage of passengers by taxi and the licence for the carriage of goods by road for the carriage of goods by road, as well as the types of security of the Community licence, with a view to the harmonisation of the design of the documents and the security of the documents concerned counterfeiting.

2. (repealed)

Art. 17a. (repealed)

Article 17b. [ List of countries for which foreign authorisation is required in international road transport] The Minister responsible for transport may declare, by means of a notice, a list of countries in respect of which a foreign road transport permit is required to be in international transport.

Chapter 3

Road passenger transport

Article 18. [ The operation of scheduled services and special regular services] 1. Execution:

1. regular services in national road transport shall be subject to an authorisation issued, depending on the extent of these operations, by:

(a) The mayor, mayor or president of the city-for operating in the area of the municipality (city),

(b) the mayor or the president of the city entrusted with the operation of the operating duties for the operation of the area covered by the agreement,

(c) the management board of the inter-communal association-on a communication line or communication network in the area of communes forming an inter-comm

(d) the president of the city on the rights of the district, in agreement with the appropriate increment due to the planned operation of the district, for operating in the area of the city and the neighbouring district,

(e) the starostia, in agreement with the mayor, mayors or presidents of cities competent for the intended operation, for operating in the area of the county, with the exception of the transport operations referred to in point (b). a-d,

f) Marshal of the voivodship, in agreement with the starosts competent due to the planned operation of the transport-for the operation of transport going beyond the area of one district, however, not going beyond the area of the voivodship,

g) the marshal of the voivodship competent for the seat or the place of residence of the entrepreneur, in agreement with the marshals of the voivodships competent due to the planned operation of the transport-for the performance of the operations going beyond the area of one voivodship;

2. regular and regular services in international road transport-requires a permit issued by:

a) The Chief Inspector of Road Transport-for communication lines going beyond the territory of the Member States of the European Union, the Swiss Confederation or the Member States of the European Free Trade Agreement (EFTA)-parties to the contract on the European Economic Area,

(b) The Chief Inspector of Road Transport or the authority of another Member State of the European Union, the Swiss Confederation or the Member States of the European Free Trade Agreement (EFTA)-parties to the Agreement on the European Economic Area -for communication lines not in the territory of those countries.

1a. Does not require authorisation:

1. the temporary operation of passenger services in the event of natural disasters or disturbances in the transport carried out by entities of other branches than road transport;

2. the operation of special arrangements organised by the local government unit in national road transport, in so far as in the means of transport, there is a document stating the right to exercise them.

1b. In the case of the disturbances referred to in paragraph 1. 1a, the road haulier and the operator in which the transport is carried shall be subject to a written agreement specifying the conditions and timing of these operations and shall report this fact to the competent authority referred to in paragraph 1. 1 point 1.

2. The operation of shuttle and occasional services in international road transport going beyond the territory of the Member States of the European Union, the Swiss Confederation or the Member States of the European Free Trade Agreement (EFTA)-The parties to the agreement on the European Economic Area require an authorisation issued by the Main Inspectorate of Road Transport, subject to the paragraph. 3.

3. Does not require authorization to perform occasional carriage, if:

1) the same car vehicle on the entire journey route shall be carried by the same group of persons and shall be in charge of the starting point, or

2) it involves the transport of persons to the destination, while the return ride is a driving without a person (travellers), or

3. it consists in driving without persons to the destination and receiving and transporting to the place of the initial group of persons, who by the same road transport operator has been transported on the basis of the principle set out in point 2.

4. The bodies referred to in paragraph. 1 point 1, and the Chief Inspector of the Road Transport issue shall issue entrepreneurs a copy or a copy of the permits in the number specified in the entrepreneur's request.

4a. The occasional carriage shall be carried out by a vehicle designed to carry more than 7 persons, including the driver.

4b. occasional carriage is allowed:

1) historic vehicles,

2. passenger cars:

(a) carried out by an undertaking providing a transport service or a driver employed by him,

(b) on the basis of a contract concluded in writing at the premises of the undertaking,

(c) after the fixing of a lump sum payment for carriage before the commencment of the carriage; payment for carriage is to be paid to the trader in a non-cash form; whereas it is permissible to pay in cash at the premises of the undertaking

-not meeting the construction criterion referred to in paragraph 1. 4a and the exclusive property of the trader or the subject matter of the trader's leasing.

(5) When carrying out occasional services in national road transport by road, a vehicle designed to carry no more than nine persons, including the driver, shall be prohibited:

1) affixing and use in a vehicle of a taxometer;

2) affixing visibly and legibly from the outside of the vehicle markings with the name, address, telephone, website of the entrepreneur or other markings aimed at identifying the entrepreneur, as well as the advertising of taxi services and the economic operators providing such services;

3) affixing on the roof of the vehicle lamps or other technical devices.

Art. 18a. (repealed)

Art. 18b. (repealed)

Article 19. [ Carrying out cabotage transport] 1. Execution of cabotage transport on the territory of the Republic of Poland by the entity:

1. established in a country other than the Member State of the European Union, the Swiss Confederation or the Member State of the European Free Trade Agreement (EFTA)-party to the Agreement on the European Economic Area or

2) using a vehicle registered in a country other than the Member State of the European Union, the Swiss Confederation or a Member State of the European Free Trade Agreement (EFTA)-the party of the Agreement on the European Region Economic

-requires authorisation to carry out cabotage operations, which, by administrative decision, issue the Chief Inspector of Road Transport. The provisions of Article 4 22 par. 1 shall apply mutatis mutandis.

2. The permit referred to in paragraph 2. (1), at the request of a road transport operator, shall be submitted in writing, in paper form or in electronic form, provided that at least two positive opinions of an organisation with a nationwide scope are attached to it. road transport operators.

3. The Chief Inspector of Road Transport, by way of administrative decision, issues a ban on the execution of cabotage transport on the territory of the Republic of Poland for the carrier not established here, if the carrier during the cabotage transport has repeatedly breached the provisions of Regulation (EC) No 1073/2009 or other Community or national road transport rules.

4. The prohibition referred to in paragraph 1. 3, shall apply for a period of 2 years from the date on which the decision to issue it has been legidated.

Art. 19a. [ Introduction of the requirement to have an authorisation to perform international road transport of persons] 1. The minister competent for transport may, by regulation, introduce the requirement to have the permit for the exercise of international road transport of persons on or through the territory of the Republic of Poland by a car vehicle design for the carriage of no more than 9 persons, including the driver by foreign carriers from certain countries, bearing in mind the principle of reciprocity.

2. Paragraph Recipe 1 shall also apply in the case of transit of a motor vehicle without travellers.

3. The permit referred to in paragraph 1. 1, it spends, by administrative decision, the Chief Inspector of Road Transport.

Article 20. [ Permit to perform international road transport of persons] 1. The authorisation shall specify in particular:

1. conditions of operation;

2. the operation of the transport route, including the localities, where the initial and destination services are located;

3) the localities in which the stops are located-on the carriage of regular persons.

1a. the Annex to the authorisation referred to in paragraph 1. 1, the timetable shall be in force.

2. The Minister responsible for transport shall determine, by way of regulation, the model of the authorisation referred to in Article 3. 19a, and the specimen of the permit and the discharge of the authorisation referred to in art. 18, taking into account the scope of the necessary data on the implementation of transport services

Art. 20a. [ Derogations from the conditions laid down in the permit] 1. The terms of the permit referred to in the permit referred to in Article 18, shall not apply in the event of an instance independent of the economic circumstances preventing the operation of the operation in accordance with the operation of the route, in particular network failures, road works, or locks, as specified in the permit road.

2. Where circumstances prevent the operation referred to in paragraph 1. 1, last longer than 14 days, the competent authority in cases of authorisations, at the request of the entrepreneur, shall issue a decision on the derogation from the conditions stipulated in the permit.

3. The decision referred to in paragraph. 2, may not be issued for a period longer than the period of validity of the permit.

4. Rules of Art. 20 and 22 shall apply mutatis mutandis.

Article 21. [ Authorisation period] 1. The permit referred to in art. 18, it appears, at the request of the entrepreneur, for a period not longer than:

1) 5 years-for the operation of regular services of special or international regular services;

2) a year-for the operation of shuttle services or occasional services.

2. The application referred to in paragraph 2. 1, shall be accompanied by a copy of the permit to pursue the occupation of road transport operator or the licence and the documents referred to in art. 22.

3. After the expiry of the period referred to in paragraph. 1 point 1, the authorisation shall be extended, at the request of the trader, for a period not exceeding 5 years, unless the circumstances referred to in the Article have arisen. 23 (1) 1 point 2 and art. 24 ust. 4.

Article 22. [ Application for authorisation to operate scheduled services in national road transport] 1. (repealed)

1a. (repealed)

2. The application for authorisation for the operation of regular services in international road transport referred to in art. 18 (1) 1 point 2 (a), shall be attached:

(1) the timetable agreed with the foreign road haulier intended to operate scheduled services on a regular line, taking into account stops, departure times and arrivals, border crossing points and length of the regular line specified in kilometres and distances between stops;

2) a copy of the contract with a foreign road carrier with a common running of the regular line;

3) schedule of working time and rest of drivers;

4) a diagram of communication links with a marked communication line and stops;

5) price list.

2a. The application for authorisation for the operation of regular services in international road transport referred to in art. 18 (1) Point 2 (b) shall be accompanied by the documents and information referred to in Article 3 (2) (b). (Article 7 of Regulation (EC) No 1073/2009.

(3) The application for authorisation for the operation of shuttle and occasional services in international road transport shall be accompanied by:

1) the route of the journey for each group of persons, taking into account the starting and destination of the journey, the length of the route given in kilometres and the crossing points;

2. the list of operating terms;

(3) a diagram of the communication links with the marked transport route;

4) a copy of the contract between the organizer of the carriage and the road haulier;

5) the schedule of working time and rest of the drivers.

4. The application for authorisation for the operation of regular special operations in national road transport shall be accompanied by:

1) information identifying the group of persons who will be entitled to use the carriage;

2. the proposed timetable, including stops, departure times and transport arrivals, the length of the communication line, given in kilometres, and the distance between the stops and the number of vehicles necessary for daily operation. traffic, according to the timetable;

3) a diagram of communication links with a marked communication line and stops;

4) confirmation of the arrangement of the rules of use of the station facilities and the stops located on public roads with their owners or managers.

5. To the application in the cases referred to in the paragraph. 2 and 3, an indication shall be provided confirming the transfer of the scheme of transport links to the Marshals of the respective provinces with the marked route of carriage.

6. To the conditions and rules for the use of stops and station facilities referred to in the paragraph. 4 point 4, the provisions of Chapter 3 of Chapter 3 of the Act of 16 December 2010 apply accordingly. public transport by collective transport.

Article 22a. [ Tasks of authorised authorities] The authorities referred to in Article 18 (1) In accordance with Article 1 (1), they may refuse to grant an authorisation or to modify the authorisation to carry out a special scheduled carriage, where:

1) the applicant is not in a position to provide the services which are the subject of the application, using the vehicles remaining at his immediate disposal;

2. the applicant shall not comply with the conditions laid down in the authorised authorisation or carry out the transport not in accordance with the permit.

Article 22b. [ Obligations of the carrier] 1. The road carrier shall be obliged to report in writing, in paper form or in electronic form, to the authority which granted the permit, any changes to the data referred to in art. 22, not later than 14 days from the day of their inception.

2. If the changes referred to in paragraph. 1, include the data contained in the permit, the entrepreneur is required to apply for a change of permit.

Article 23. [ Competence Of The Main Inspectorate Of Road Transport] 1. The Chief Inspector of Road Transport, by administrative decision:

1) refuses to authorise the operation of regular services in international road transport referred to in art. 18 (1) 1 point 2 (a), when:

(a) the applicant is not in a position to provide the services which are the subject of the application, using the equipment at his/her immediate disposal,

(b) the planned regular line will be a direct threat to the existence of regular lines already approved, except where these lines are operated only by one carrier or by one group of carriers,

(c) it will be shown that the issue of the permit would seriously affect the profitability of comparable rail services on routes directly linked to the road service route,

(d) it can be inferred that the services mentioned in the application are geared only to the most profitable of the services existing on the routes concerned;

2) may refuse to grant permission to perform in international road transport by road referred to in art. 18 (1) 1 point 2 (a), permits for the operation of shuttles or permits for the operation of occasional services referred to in Article 1 (2) (a), 18 (1) 2 when an entrepreneur:

(a) does not comply with the conditions laid down in the authorization already in question,

(b) does not exercise, as a result of circumstances dependent on it, regular services for at least three months,

(c) carry out transport without the required authorisation.

2. The Chief Inspector of Road Transport, by means of an administrative decision, refuses to grant an authorisation for the carriage of carriage in international road transport referred to in art. 18 (1) 1 point 2 (b), in accordance with the rules laid down in Regulation (EC) No 1073/2009.

Article 24. [ Change of permit] 1. The permit shall be amended at the request of its holder, made in writing, in paper form or in electronic form, in the case of change:

1) the designation of the trader;

2) the premises and address of the entrepreneur.

2. The permit may be changed at the request of its holder in case of change:

1) the course of the regular line, the timetable, the increase in the capacity of the vehicles, the frequency of their course or changes in the hours of departures from individual stops;

2) a foreign road transport operator with which a contract for joint operation of a regular line in international road transport has been concluded.

3. The permit expires in case of:

1. waiver of the permit, subject to the paragraph. 6;

2) the passage of the term specified in the permit;

3) the occurrence of the circumstances referred to in art. 16 ust. 1.

4. Permit shall be revoked in the event of:

1) the withdrawal of the permit to pursue the occupation of road transport operator or licence;

2) violations or changes in the conditions under which the permit has been issued and specified in the permit;

3) not to exercise by the entrepreneur, as a result of circumstances dependent on him, regular services for at least 3 months;

4. withdrawal of the permit to a third party, without the permission to delegate the performance of the carriage to another carrier referred to in Art. 5 of the Act of 15 November 1984. -Transport law.

5. In the event of withdrawal of the permit, the application for reissuing of the permit may not be considered earlier than after 3 years from the date on which the decision to withdraw the permit became final.

6. An entrepreneur may not relinate the consent in the event of the initiation of proceedings for the withdrawal of an authorisation.

6a. The provisions of the paragraph. 1-6 shall not apply to the authorisations referred to in Article 3. 18 (1) 1 point 2 (a) b.

7. The Chief Inspector of Road Transport, by way of administrative decision, shall extend the permits issued by him, referred to in art. 18 (1) Article 1 (2) (b), changes the conditions for their execution, states the loss of their validity or revocation, under the conditions laid down in Regulation (EC) No 1073/2009.

Article 25. [ Issue of a foreign permit for the carriage of persons] 1. The Chief Inspector of Road Transport issues a road haulage permit to the road hauler for the carriage of persons, provided that he holds a Community licence for the exercise of international bus and coach service. commercial transport of persons.

2. Main Road Transport Inspector:

1) refuses to issue a foreign permit in the absence of possibility to provide sufficient permits;

2) refuses to issue a foreign permit in the cases referred to in art. 15 para. 1;

3) may refuse to issue a foreign permit in the cases referred to in art. 15 para. 3.

3. The issue and refusal of the issue in the case referred to in the paragraph. 2 point 1, foreign authorisation for the carriage of persons shall be activities not constituting an administrative decision within the meaning of the provisions of the Code of Administrative Procedure.

4. The Chief Inspector of Road Transport:

1) refuses to issue a foreign permit for the carriage of persons, by administrative decision, in the case referred to in paragraph. 2 point 2;

2) may refuse to issue a foreign permit for the carriage of persons, by means of an administrative decision, in the case referred to in the paragraph. 2 point 3.

5. The complaints and applications related to the issuing of foreign permits for the carriage of persons referred to in paragraph. Article 2 (1), shall be considered by the Minister responsible for transport.

Article 25a. [ The execution of the international carriage of passengers by road on the territory of RP by a foreign entity] 1. The execution of an international carriage of passengers by road in the territory of the Republic of Poland by a foreign entity not established in a Member State of the European Union, the Swiss Confederation or a Member State of the European Union The Free Trade Agreement (EFTA)-the party to the Agreement on the European Economic Area requires the authorisation of the Minister responsible for transport, unless the international agreements provide otherwise.

2. The permit referred to in paragraph 2. 1, may be granted for a period not exceeding a given calendar year.

3. The amount of the quota of the authorisations referred to in paragraph 3. 1 and in Art. 25 par. 1, establishes, by agreement with the competent authorities of other countries, the Minister responsible for transport.

4. Blankets of permits for the performance of shuttle services or permits for the execution of occasional services, the possession of which is required from a foreign carrier, produces and transmits abroad, on behalf of the minister competent for affairs transport, Chief Inspector of Road Transport.

5. Blanquets of permits referred to in art. 25 par. 1, takes from the border of the Chief Inspector of Road Transport.

Article 26. [ Authorisation to issue foreign licences] The Minister responsible for transport, in order to improve the procedures for issuing foreign permits for the carriage of persons, may authorise them to issue, by way of regulation, Polish organisations with national coverage of international associations road hauliers, having regard to the proper security of documents relating to the issuing of such authorisations, which prevent access to them from unauthorised persons, to equip premises with equipment guaranteeing the security of the stored documents, insurance against all risks and the way of accounting for the disappearance, destruction or loss of such documents.

Article 27. [ Form of driving] 1. When carrying out the shuttle and occasional services in international road transport, a driving form containing in particular data concerning the designation of the entrepreneur, the registration number of the vehicle, the type of service, the place of service is required the initial and final destination of the road transport and a list of the persons carried.

2. (repealed)

3. The driving form shall be issued to the carrier:

1) The Chief Inspector of Road Transport;

2) the provincial road transport inspector.

4. The issue of a driving form is a task not being an administrative decision within the meaning of the provisions of the Code of Administrative Procedure.

Article 27a. (repealed)

Chapter 4

Road freight transport

Article 28. [ The implementation of international road hauling goods] 1. The execution of an international carriage of goods by road on the territory of the Republic of Poland by a foreign entity not established in a member state of the European Union, the Swiss Confederation or a member state of the European Union The Free Trade Agreement (EFTA)-the party to the Agreement on the European Economic Area requires the authorisation of the Minister responsible for transport, unless the international agreements provide otherwise.

1a. For the execution of the international carriage of goods by road on the territory of the Republic of Poland by a foreign entity established in a Member State of the European Union, the Swiss Confederation or a Member State of the European Union The Free Trade Agreement (EFTA)-a party to the Agreement on the European Economic Area shall apply the provisions of Regulation (EC) No 1072/2009, except where the authorisation referred to in paragraph is to be carried out to or from a third country. 1, is required if international agreements so constitute.

2. The permit referred to in paragraph 2. 1, may be granted for a period not exceeding a given calendar year.

3. The provisions of the paragraph. 1-2 shall also apply in the case of passing of a vehicle without cargo.

Article 28a. [ Blanquet permits] 1. An international operator performing an international carriage of goods by road is obliged to fill in the blanket of the permit referred to in art. 28 para. 1, at the latest before the entry into the territory of the Republic of Poland of a motor vehicle, the carriage of which is carried out.

2. In the event of a failure to fill or to fill in an authorisation, the permit referred to in Article shall be completed. 28 para. 1, the passage shall be considered to be executed without authorisation.

3. The driver of a car driving an international carriage of goods by road shall be obliged to carry on the vehicle and to show, at the request of the authorized persons, a blanket of permits referred to in Article 3. 28 para. 1. In the event of non-presentation during the inspection of this document, international road transport shall be deemed to be carried out without authorisation.

Article 29. [ Carrying out cabotage transport] 1. Execution of cabotage transport on the territory of the Republic of Poland by the entity:

1. established in a country other than the Member State of the European Union, the Swiss Confederation or the Member State of the European Free Trade Agreement (EFTA)-party to the Agreement on the European Economic Area or

2) using a vehicle registered in a country other than the Member State of the European Union, the Swiss Confederation or a Member State of the European Free Trade Agreement (EFTA)-the party of the Agreement on the European Region Economic

-requires authorisation to carry out cabotage operations, which shall be issued by the administrative decision of the Chief Inspector of the Road Transport.

2. The permit referred to in paragraph 2. 1, it appears at the request of the road transport operator, provided that at least two positive opinions of an organisation with a nationwide coverage of road hauliers are attached to it.

3. The Chief Inspector of Road Transport, by way of administrative decision, issues a ban on the execution of cabotage transport on the territory of the Republic of Poland for the carrier not established here, if the carrier during the cabotage transport has repeatedly breached the provisions of Regulation (EC) No 1072/2009 or other Community or national road transport rules.

4. The prohibition referred to in paragraph 1. 3 shall apply for a period of 2 years, from the date on which the decision on its issue has been legidated.

Article 29a. [ Carriage of cabotage without an authorisation under an international agreement] 1. A cabotage carriage without a permit, on the basis of an international agreement, can only be executed by a car vehicle from which the total or partial unloading of goods imported from abroad in the territory of the Republic of Poland has been completed Polish.

2. The car vehicle referred to in paragraph 2. 1, can be used for three cabotage operations in a period of 7 days, starting from the day when the unloading of things in the territory of the Republic of Poland was carried out.

3. The driver of the motor vehicle referred to in paragraph 3. 1, shall be required to carry out and to demonstrate, at the request of entitled persons, documents proving the fulfilment of the conditions referred to in paragraph. 1 and 2, and in particular, transport documents and invoices for executed on the territory of the Republic of Poland transport service.

Article 29b. [ Delegation] The Minister responsible for transport shall determine by way of regulation:

1. the types of authorisations referred to in Article 28 para. 1 and Art. 29 par. 1,

2. the detailed conditions for the use of the authorisations referred to in Article 3. 28 para. 1 and Art. 29 par. 1,

3) how to fill in the pale of permits referred to in art. 28 para. 1 and Art. 29 par. 1,

4) the specimen of the authorisations referred to in Article 28 para. 1 and Art. 29 par. 1

-having regard to the conditions for the use of authorisations set out in the bilateral agreements on the carriage of road transport and the scope of the necessary data included in the authorisations.

Article 29c. [ Height of the authorisation quota] 1. The amount of the quota of the authorisations referred to in Article 28 para. 1 and Art. 30 par. 1, establishes, by agreement with the competent authorities of other countries, the Minister responsible for transport.

2. Blanquets of permits referred to in art. 28 para. 1, produces and passes abroad, on behalf of the Minister responsible for transport, the Chief Inspector of Road Transport.

3. Blanquets of permits referred to in art. 30 par. 1, takes from the border of the Chief Inspector of Road Transport.

Article 30. [ Foreign permit for carriage of goods] 1. The Chief Inspector of Road Transport issues a road haulage permit to the road hauler for the carriage of goods, provided that he holds a Community licence entitling him to carry out international commercial carriage of goods.

2. Article Recipe 25 par. 2 shall apply mutatis mutandis.

3. The issue and refusal of the issue in the case referred to in art. 25 in the mouth. In accordance with the provisions of the Code of Administrative Procedure, the foreign authorization for the carriage of goods shall be such as to constitute a non-administrative decision within the meaning of the provisions

4. The Chief Inspector of Road Transport:

1) refuses to issue a foreign permit for the carriage of goods, by means of an administrative decision, in the case referred to in art. 25 in the mouth. 2 point 2;

2) may refuse to issue a foreign permit for the carriage of goods, by means of an administrative decision, in the case referred to in art. 25 in the mouth. 2 point 3.

5. The division of foreign permits between road hauliers referred to in paragraph. 1, the social committee set up by the Minister responsible for transport shall be carried out.

(6) The Commission referred to in paragraph 6. 5, consists of 7 people.

7. The Minister responsible for transport shall determine, by way of regulation, the procedure for the removal of storage and the mode of operation of the social committee referred to in paragraph 1. 5, with a view to streamlining the distribution of foreign permits and to ensure that representatives of Polish organisations with the national scope of international road hauliers are concerned in the work of the committee.

8. The complaints and applications related to issuing of foreign permits referred to in paragraph. 3, the Minister responsible for transport shall consider.

9. The provisions of the Act concerning foreign permits shall apply to ecopoints issued in accordance with Regulation (EC) No 2327/2003 of the European Parliament and of the Council of 22 December 2003. establishing, within the framework of a fixed transport policy, a system of transit points applicable in 2004 for heavy goods vehicles passing through Austria (Dz. Urz. EC L 345, 31.12.2003, p. 30; Dz. Urz. EU Polish Special Edition, rozdz. 7, t. 7, p. 706, of late. zm.).

10. In the case of foreign permits, the use of which depends on the fulfilment by the vehicle of the relevant safety requirements or the conditions of admission to traffic, the appropriate certificate confirming their fulfilment shall issue:

1) The Chief Inspector of Road Transport;

2) the provincial road transport inspector.

Article 30a. [ Delegation] 1. The Minister responsible for transport shall determine, by means of a regulation:

1) the types of certificates referred to in art. 30 par. 10, and the time limits for their validity;

2) the documents on the basis of which it is issued and the certificate resumes;

3) the specimen certificates.

2. In the Regulation referred to in paragraph. The Minister responsible for transport shall take account, in particular, of:

1) the requirements of Directive 96 /96/EC on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers, as amended by Directive 1999 /52/EC, for the purpose of CEMT/CM Resolution (2001) 9/Final;

2) the scope of the necessary data placed in the certificates.

Article 31. [ Execution of international combined transport] The exercise of international combined transport does not require the possession of a foreign authorisation or a Polish authorisation by a foreign carrier, if in the international agreements which the Republic of Poland is bound to do, it provides Mutual exemption in this respect.

Article 32. [ Authorisation to issue foreign licences] Minister competent for transport, in order to improve the procedures for issuing foreign permits for the carriage of goods, may, by regulation, authorise them to issue Polish organisations with a national coverage of international associations road hauliers, having regard to the proper security of documents relating to the issuing of such authorisations, which prevent access to them from unauthorised persons, to equip premises with equipment guaranteeing the security of the stored documents, insurance against all risks and the way of accounting for the disappearance, destruction or loss of such documents.

Chapter 4a

Driver certificate

Article 32a. [ Provisions of the European Union concerning the driver's certificate] To a driver who is not a citizen of a Member State of the European Union, employed by an entrepreneur established in the territory of the Republic of Poland, who performs international transport of goods by road, the provisions of the Union shall apply European information on the driver's certificate. [ 1]

Article 32b. [ Driver certificate] 1. The Chief Inspector of Road Transport, by means of an administrative decision, issues, refuses to issue, changes, revoke the driver's certificate or suspends the issue of driver certificates.

2. The driver's certificate shall be issued in writing, in paper form or in electronic form, at the request of the trader, who has a Community licence.

3. The certificate of the driver along with the discharge from the driver's certificate shall be issued to the entrepreneur for a period of up to 5 years.

4. The application referred to in paragraph 1. 2, it shall contain:

1) the designation of the entrepreneur, his seat and address;

2. the name, date and place of birth and nationality of the driver.

5. The application referred to in paragraph 1. 2, shall be accompanied by:

1. a copy of the Community licence;

2. the certificate of employment of the driver and the fulfilment by the driver of the requirements referred to in art. 39a;

3) a photocopy of the identity document;

4. a photocopy of the driving licence;

5) a photocopy of the document confirming the driver's social insurance.

5a. Where the application referred to in paragraph 1 is not applicable. 2, shall be submitted in electronic form, the annexes referred to in paragraph 1. 5, also consists in electronic form.

6. Where the data referred to in paragraph is changed 4, and the data contained in the documents referred to in paragraph. 5, the provision of Article 5 shall apply mutatis mutandis. 14 para. 1.

(7) The provisions on the expiry of the licence shall apply mutatis mutandis to the expiry of the certificate

Article 32c. [ Control of issued driver certificates] 1. The authority entitled to carry out the control of the issued driver's certificates shall be the Chief Inspector of Road Transport.

2. (repealed)

3. To carry out the checks referred to in paragraph 1. 1, the provisions of Article 1 shall apply mutatis mutandis. 85 and Art. 90.

Article 32d. (lost power)

Art. 32e. [ Register of driver certificates issued] 1. The Chief Inspector of Road Transport conducts a register of issued driver certificates.

2. (repealed)

Article 32f. [ Withdrawal of the driver's certificate] 1. The Chief Inspector of Road Transport may at any time call upon an entrepreneur holding a driver's certificate to present a document confirming compliance with the requirements referred to in art. 32b ust. 5.

2. In the case of improper use by the trader of a driver certificate consisting of:

(1) failure to comply with the conditions underlying the driver's certificate or

2) providing incorrect information in the application for the driver's certificate

-the competent authority referred to in Article 32b, withdraws the driver's certificate and suspends the issuing of new driver certificates for a period of the year.

3. In the case of a very serious infringement concerning the driver certificate set out in Annex I to Commission Regulation (EU) 2016/403, the body referred to in Article 32b, revoke, by administrative decision, 1 extract from the Community licence for a period of 6 months and suspends the issue of new driver attestation for a period of one year.

Chapter 5

Services for own use

Article 33. [ Road transport for own use] 1. Road transfers for own needs may be carried out upon receipt of a certificate confirming the declaration by the trader of the driving of road haulage as an ancillary activity in relation to his basic business activity.

2. The obligation to obtain the attestation referred to in paragraph. 1, not applicable to road hauling operations:

1) within the framework of universal postal services;

2) by entities, other than entrepreneurs referred to in art. 3 para. Article 2 (2) (2), except that in the case of agricultural manufacturing activities concerning agricultural crops and livestock farming, horticulture, vegetation, forestry and inland fishing, the obligation to obtain the certificate does not apply to the farmer within the meaning of Article 2 (2) of the the provisions of the Act of 20 December 1990. o social insurance of farmers (Dz. U. of 2015 items 277);

3) by entrepreneurs with the power to carry out road transport.

3. The certificate referred to in paragraph 1. 1, contains: the designation of the entrepreneur, its registered office (place of residence) and address, the number in the register of entrepreneurs in the National Court Register, if the entrepreneur such number possesses, or the tax identification number (NIP), type and scope the execution of road hauls for own needs and the type and number of motor vehicles.

4. The certificate for the domestic non-commercial carriage of the road entitles to the operation of the operating exclusively on the territory of the Republic of Poland.

5. The certificate for international non-commercial carriage by road entitles to the execution of services with crossing the border of the Republic of Poland. The certificate shall also entitles to the execution of non-commercial carriage by road within the territory of the Republic of Poland, according to the type of transport referred to therein.

6. The application for the certificate referred to in paragraph 1. 1, contains the information and documents referred to in art. 8 ust. 2 paragraphs 1 to 4 and 6 and paragraph 6. 3 points 4 and 5.

7. Article Recipe 14 para. 1 shall apply mutatis mutandis.

(8) The certificate for the national non-profit-making carriage and the extract or the extract from the certificate shall be issued for an indefinite period of time for the establishment of the operator of the old age. The certificate for international non-commercial road transport and the extract or extracts from the certificate shall be issued by the Chief Inspector of the Road Transport for up to 5 years.

9. In the case of the execution of an international non-commercial carriage by road, not according to the certificate issued, the Chief Inspector of Road Transport refuses to issue a new certificate for a period of 3 years from the date of expiry of the possession certificates.

9a. In the case of the execution of a national non-profit-by-road carriage, which is not according to the certificate issued, the relevant starost shall, by decision, declare the certificate to be invalid. The issue of a new certificate is possible after the expiry of a period of 3 years from the date of the annulment of the previous

(10) The Minister responsible for transport shall determine, by means of a regulation, the model of the certificate referred to in paragraph 1. 1, and the discharge of that certificate, bearing in mind the provisions of the European Union referred to in Article 3. 20 para. 2.

11. (repealed)

Art 33a. [ Obligation to store documents] In the event of the cessation of the pursuit of an economic activity or of the pursuit of the carriage by road, the body referred to in Article 33 (1) 1 or paragraph 2 points 1 and 2, shall keep and make available to persons entitled to control, documents and other media of information required by the provisions referred to in Article 3 (2). 4 point 22, for a period of one year from the date on which the road haunting operation ceased to be carried out.

Article 34. [ Performing an international carriage by road for its own needs] 1. The execution of international road carriage for own needs may require obtaining an appropriate permit, if the international agreements which the Republic of Poland is bound to do so constitute.

2. To the application for authorisation referred to in paragraph. 1, entrepreneur, subject to art. 33 (1) 2, the certificate referred to in Article 4 shall be attached. 33 (1) 1.

3. Article Recipe 25 and Art. 30 par. 1 shall apply mutatis mutandis.

4. When carrying out an international carriage of passengers by road, a driving form referred to in Article shall be required for its own needs. 27.

5. The Chief Inspector of Road Transport operates a register of entities and vehicles carrying out the international road carriage for own needs.

6. (repealed)

7. (repealed)

Article 34a. [ Passenger cars, motorbikes and motorbikes not owned by the employer] 1. On the basis of civil-law contracts can be used, for business purposes, passenger cars, motorcycles and mopeds not owned by the employer.

2. The Minister responsible for transport in agreement with the Minister responsible for public finance shall determine, by means of the Regulation, the conditions for determining and how to refund the use of the vehicles referred to in paragraph 1. 1, taking into account the type of mechanical vehicle, its capacity and the limit of kilometres depending on the number of inhabitants in a given municipality or city, due to the employee's place of employment.

Chapter 6

Exemption from authorisation

Article 35. [ Exemption from the obligation to obtain a permit] 1. An entrepreneur performing a road transport may be exempted from the obligation to obtain an authorisation in the event of the performance of his services in the framework of humanitarian, medical or in case of natural disaster.

2. The exemption referred to in paragraph 2. 1, shall take place, by administrative decision, issued by the Chief Inspector of Road Transport.

3. An entrepreneur performing road transport is exempt from the obligation to obtain an authorisation, if the international agreements, which the Republic of Poland is bound, so constitute.

Article 36. [ Delegation] The Minister responsible for transport shall determine, by means of a regulation, documents supporting the performance by the operator of the transport operations referred to in Article 4. 35 par. 1.

Chapter 7

Conditions and mode for obtaining certificates of professional competence

Article 37. [ Obtaining a certificate of professional competence] 1. Obtaining the certificate of professional competence requires the demonstration of the knowledge necessary to perform the economic activities in the field of road transport, set out in Annex I to Regulation (EC) No 1071/2009, and the submission, with the result a positive, written examination in front of the examination board, acting in accordance with the unit defined in the implementing rules adopted on the basis of art. 39 (1) 1 point 1.

2. Examination consists of two parts:

1) a written test containing a set of questions and a multiple-choice response;

2) a written examination task.

3. The maximum number of points that can be obtained from each part of the exam constitutes 50% of the total number of possible points.

4. The conditions and mode of conducting the examination referred to in the paragraph. 1, specifies the rules of procedure developed by the entity specified in the implementing rules issued on the basis of art. 39 (1) 1 point 1 and approved by the Minister responsible for transport.

5. The catalogue of questions and catalogue of tasks, as well as questions and tasks contained in the individual examination sets do not constitute public information within the meaning of the provisions of the Act of 6 September 2001. on access to public information (Dz. U. of 2016 r. items 1764).

Article 38. [ Exam] 1. (repealed)

2. The Minister responsible for transport shall designate the units at which the examination committees operate.

3. Units referred to in paragraph. 2, issue certificates of professional competence and provide information on their issue to the central register of these certificates kept by the minister competent for transport.

Article 38a. [ Exemption from the written examination] 1. Persons with a degree of second-cycle degree, uniform master studies or a certificate of completion of postgraduate studies, the programme of which covers the whole range of issues referred to in Annex I to the Regulation (EC) No 1071/2009, shall be exempt from the written examination referred to in Article 3. 37.

2. Persons with a degree of first-degree qualification, second-cycle studies, uniform master studies or a certificate of completion of postgraduate studies, the programme of which covers part of the issues referred to in Annex I to Regulation (EC) No 1071/2009, shall be exempt from the part of the written examination referred to in Article 4. 37, in the fields covered by the study programme.

3. The exemptions referred to in paragraph 1 1 and 2, they constitute an exemption within the meaning of the Article. 8 ust. (Article 7 of Regulation (EC) No 1071/2009).

4. The exemptions referred to in paragraph 1 1 and 2, shall carry out an entity as defined in the implementing rules adopted on the basis of the Article. 39 (1) 1 point 1.

Article 39. [ Delegation] 1. The Minister responsible for transport shall determine, by means of a regulation:

1) the entities referred to in art. 38 par. 2;

2) the qualification requirements of the members of the examination committee and the mode of determining its composition;

3) the types of security of professional competence certificate;

4) the mode of release from the written examination referred to in art. 37.

2. In the Regulation referred to in paragraph. 1, shall take into account as appropriate:

1) the need to ensure adequate organizational and technical conditions to carry out the process of certification of professional competences in road transport;

2) the need to ensure the proper qualifications of the members of the Selection Board, as well as their number, which will ensure objective examination of the written examination;

3) the need to properly secure the certificates of professional competence against counterfeiting;

4. the need to ensure harmonised procedures for the release of the written examination.

Chapter 7a

Road transport drivers

Article 39a. [ Requirements to be met by the driver] 1. An entrepreneur or other operator performing a road carriage may employ a driver if the person:

1) completed:

(a) 18 years-in the case of a driver driving a motor vehicle for whom possession of a category licence is required:

-C or C + E, provided that it has obtained the relevant preliminary qualification,

-C1 or C1 + E, provided that it has obtained the appropriate preliminary qualification,

(b) 21 years-in the case of a driver driving a motor vehicle for whom possession of a category licence is required:

-C or C + E, in so far as it has obtained the appropriate pre-accelerated qualification,

-D or D + E, as long as it has obtained the appropriate preliminary qualification,

-D1 or D1 + E, in so far as the carriage is carried out on regular lines, the route of which does not exceed 50 km, and where the driver has obtained an appropriate initial qualification,

(c) 23 years, in the case of a driver driving a motor vehicle for which a driving licence of category D or D + E is required, provided that he has obtained an appropriate pre-qualification.

2) has the appropriate authority to drive the car vehicle, as defined in the Act of 5 January 2011. on the driving of vehicles, subject to paragraph 1a;

3) there are no health contraindications to perform work on the driver's position;

4) there are no psychological contraindications to perform the work on the driver's position;

5) obtained a preliminary qualification or a preliminary qualification, hereinafter referred to as the 'qualification';

6) completed recurrent training.

1a. A driver with a driving licence of either D or D + E to be completed 23. the year of life may be employed only when carrying out regular passenger services on the communication lines on a route not exceeding 50 km.

2. (repealed)

3. The requirements referred to in paragraph 1. 1, points 1, 5 and 6, shall not apply to the driver of the vehicle:

1) to drive which a driving licence of categories A1, A, B1, B or B + E; is required;

2) whose construction limits speed up to 45 km/h;

3) used by the armed forces;

4) civil defence, fire protection units or entities in charge of maintenance of security or public order;

5) subjected to road tests for the purposes of technical development by manufacturers, research and development units or higher education;

6) taking place without persons or cargo:

(a) for the purpose of carrying out its repair or maintenance,

(b) from the place of purchase or receipt;

7) used in emergency situations or intended for rescue operations;

8) used for:

(a) the driving lessons of applicants for a driving licence,

(b) training of persons holding a driving licence,

(c) the conduct of the State examination of applicants for a driving licence;

9) used for personal use in the carriage of persons or goods by road;

10) used for the transport of materials or equipment necessary for the driver to his work, provided that driving is not his basic occupation.

Article 39b. [ Acquisition of initial qualification] 1. A person shall be eligible to obtain a qualification:

1) which in the territory of the Republic of Poland:

a) stay at least 185 days per year due to personal or professional ties, or

(b) he has been studying for at least six months and will present a certificate attesting to this fact, or

2) a non-citizen of a Member State of the European Union, intended to carry out the services to the entity established in the territory of the Republic of Poland;

3) which has no medical and psychological contraindications to perform the work on the driver's position.

2. The driver shall be obliged to obtain the qualification, according to the vehicle vehicle, which he intends to carry out by road, within the range of programme blocks specified according to the category of driving licence:

1) C1, C1 + E, C and C + E;

2) D1, D1 + E, D and D + E.

3. Qualification shall include theoretical and practical classes and qualification tests.

Article 39b 1 . [ Preliminary Qualification] 1. The concepts referred to in Art. 39b (b) 3, shall be carried out in the form of:

1) school classes for pupils-at school, if the curriculum is intended to qualify for the qualification of the driver performing the road carriage, or

2) the qualification course-at the training centre.

2. The theoretical and practical concepts referred to in art. 39b (b) 3, include:

1. vocational training in the field of rational driving, taking into account safety regulations, including:

(a) knowledge of the technical characteristics and performance of the vehicle safety components,

b) the ability to optimise fuel consumption,

(c) the ability to ensure safety in connection with the transport of goods,

(d) the ability to ensure safety of passengers,

(e) ability to secure cargo securing;

2) vocational training in the field of the skills of applying the rules on the implementation of road transport;

3) vocational training in the risks associated with the profession, including safety on the road and safety for the environment;

4) vocational education in the field of service and logistics, including the shaping of the company's image and knowledge of the market in road transport and its organisation.

3. Qualification tests referred to in art. 39b (b) 3, shall be carried out:

1) by the District Selection Board, after the completion of the school classes for the students referred to in paragraph. 1 point 1, either in the course of an external examination confirming professional qualifications or an examination confirming qualifications in the profession, or

2) at the training centre, after the completion of theoretical and practical classes, by a three-person examination board, hereinafter referred to as the "committee", set up by the wojewater body.

4. The committee may include persons who:

1) have a higher legal, economic or technical education in the field of motorization or transport;

2) they were not legally convicted of a crime committed in order to achieve property benefits or a crime against the credibility of the documents;

3) meet the detailed requirements laid down in the provisions issued on the basis of art. 39i ust. 1 point 4.

5. At least one of the persons-members of the committee, additionally:

1) is required to have the privileges of an instructor or an examiner in the category of driving licence appropriate to the category of the implemented programming block referred to in art. 39b (b) 2, or

2) should be a representative of an organization with a nationwide range of entrepreneurs operating road transport.

6. Qualification tests referred to in art. 39b (b) 3, shall be carried out on the basis of questions coming from the catalogue of test questions approved by the Minister responsible for transport.

7. The catalogue of test questions covers the issues referred to in paragraph. 2.

(8) For a test to be carried out on the members of the committee, a remuneration shall be paid to the training centre

9. The training centre referred to in paragraph. Article 1 (2) allows the Commission to carry out a qualification test by providing appropriate locality conditions.

Article 39b 2 . [ Compulsory pre-qualification obligation] A driver who has obtained a qualification for a specific programme block referred to in art. 39b (b) 2, and intends to carry out transport of other motor vehicles than those for which a driving licence corresponding to the scope of the qualification obtained is required, the corresponding supplementary qualification or a supplementary qualification is required. sang. The provisions of Article 4 39a ust. 1 and Art. 39b 1 shall apply mutatis mutandis.

Article 39c. [ Professional Qualification Certificate] 1. The wojewoda or an authorised member of the committee or the director of the Board of the Selection Board shall issue to the person who obtained the qualification certificate of professional qualification confirming the obtaining of the relevant qualification.

2. [ 2] The wojewoda or an authorised member of the committee and the director of the District Examination Commission, shall transmit to the driver's central records, to the extent and on the basis of the rules laid down in the Article. 100ac of the Act of 20 June 1997. -The right of traffic, the data of the persons to whom the certificate of professional qualification referred to in the paragraph is issued. 1.

Art. 39d. [ Periodic training] 1. A periodic training may be carried out by the person:

1) which in the territory of the Republic of Poland:

a) stay at least 185 days per year due to personal or professional ties, or

(b) he has been studying for at least six months and will present a certificate attesting to this fact;

2) performing a road carriage for the benefit of an entity established on the territory of the Republic of Poland.

2. The driver shall be obliged every five years, starting from the date of obtaining the certificate of professional qualification certifying the acquisition of qualifications, to complete the periodic training appropriate to the vehicle to which he performs the carriage of the road.

3. The driver may hold periodic training in one of the following forms:

1) the periodic course;

2) a cycle of classes spread over a period of five years, including an interim course programme.

4. Recurrent training shall be carried out at the training centre in the field of programme blocks specified according to the category of driving licence:

1) C1, C1 + E, C and C + E;

2) D1, D1 + E, D and D + E.

5. The driver who has ceased to carry out the carriage by road for a period of time preventing the fulfilment of the obligation referred to in the paragraph. 2, before re-entry to carry out carriage, it is compulsory to complete the recurrent training.

6. A driver performing the carriage by road of different vehicles for which a driving licence of at least two of the categories referred to in the paragraph is required. 4, may complete recurrent training in the scope of one program block.

Art. 39e. [ Certificate of qualification, duties of the head of the training centre] 1. The head of the training centre shall issue to the person who has completed the required classes in the course of the periodic training, a certificate of professional qualification confirming the completion of the periodic training course.

2. The head of the training centre shall be obliged:

1) present the wojewater to the competent due to the place of establishment of the training centre, at the latest on the next working day after the start of the course, information about the date, time and place in which the classes will be held, together with a list of participants the qualification course or recurse training;

2) keep records of the qualification course and periodic training, respectively;

3) transmit the voyewater referred to in point 1, within 14 days from the date of completion of the periodic training and issuing of a certificate of professional qualification confirming its completion, the following data of the persons who completed the course:

(a) first and last name,

(b) date and place of birth,

(c) the PESEL number and, in the case of a person without a PESEL number, the series, the number and name of the document confirming the identity and the name of the State which issued the document,

(d) home address,

(e) the extent of completed training,

(f) the start and end dates of the training

(g) the number of the certificate of professional qualification issued, or the number of the certificate confirming the completion of one of the modules of the training referred to in Article 39d ust. 3 point 2.

3. [ 3] The head of the training centre referred to in paragraph 1. 1, transfer to the central register of drivers, to the extent and under the rules laid down in art. 100ac of the Act of 20 June 1997. -The right of traffic, the data of the persons to whom the certificate was issued.

4. The wojewater referred to in paragraph. Article 2 (1) may allow the communication of the information and of the data referred to in paragraph 1. 2 points 1 and 3 and paragraph 3. 3, in electronic form, bearing the qualified electronic signature.

Art. 39f. [ Entry into Polish national driving licence] 1. The driver performing the road carriage is obliged to obtain an entry to the Polish national driving licence, confirming the fulfilment of the requirements referred to in art. 39a ust. 1 points 3 and 4 and points 5 or 6 respectively.

2. The rules for issuing the alert referred to in paragraph. 1, specifies the article. 15 of the Act of 5 January 2011. on the direction of the vehicles.

(3) For a driver who is not a national of a Member State of the European Union who has a driving licence issued by a third country performing or intending to carry out carriage of goods by road to an undertaking established in the the territory of the Republic of Poland, confirmation of compliance with the requirements referred to in art. 39a ust. 1 points 5 and 6, shall be the driver's certificate.

4. A driver who is not a national of a Member State of the European Union who has a driving licence issued by a third country performing or intending to carry out the carriage of persons by road to a trader established in the territory of a Member State of the The Republic of Poland, which has obtained a preliminary qualification or has completed recurrent training and shall apply for an entry to a driving licence confirming the fulfilment of the requirements referred to in art. 39a ust. 1, competent for the place of residence of the starosta, in the mode referred to in art. 14 para. 1 of the Act of 5 January 2011. on the driving licence, it lists the foreign driving licence held by him on the Polish driving licence, while simultaneously entering an alert confirming these requirements. An additional condition for the exchange of driving licence shall be the submission by the trader of a declaration of employment or of cooperation with the driver who will perform or perform on his behalf the road transport.

5. (repealed)

6. (repealed)

7. (repealed)

8. In the case of a person who does not have a place of residence on the territory of the Republic of Poland and not performing services to a entity established in the territory of the Republic of Poland the requirements referred to in art. 39a ust. (1) (5) and (6), shall be deemed to have been fulfilled when the person has a valid entry in the driving licence or in the driver's qualification card confirming the completion of the initial qualification or periodic training in another Member State of the European Union, The Swiss Confederation or the Member State of the European Free Trade Agreement (EFTA)-the party to the Agreement on the European Economic Area.

9. In the case of a person residing in the territory of the Republic of Poland and carrying out the services to the entity established abroad the requirements referred to in art. 39a ust. 1 point 6, shall be deemed to be satisfied when the person has a valid entry in the driving licence or in the driver's qualification card to confirm completion of an interim training course in another Member State of the European Union, the Swiss Confederation or the Member State of the European Free Trade Agreement (EFTA)-party to the Agreement on the European Economic Area.

Article 39g. [ Economic activities in the field of training of the training centre] 1. The economic activity of the training centre shall constitute a regulated activity within the meaning of the provisions of the Act of 2 July 2004. o the freedom of economic activity and requires the entry of an entry in the register of entrepreneurs conducting the training centre.

2. The conditions for the pursuit of business activities in the scope of conducting the training centre meets the entrepreneur who:

1) conducts an economic activity in the field of driving a driver training centre, in accordance with art. 28 of the Act of 5 January 2011. driving or meeting the requirements laid down for that activity;

2. ensure that the training is conducted in accordance with the programme by:

(a) lecturers with the knowledge, skills and education necessary to ensure the proper course of training-in terms of theoretical classes,

(b) persons who are competent to train the driving instruction instructor, as referred to in the provisions of the Act of 20 June 1997. -Law on road traffic-in the field of practical activities,

(c) persons who are competent to instruct the driving technique instructor, as referred to in the provisions of the Act of 20 June 1997. -Law on road traffic-during the driving classes under special conditions based on the infrastructure referred to in paragraph 1. 2 point 3, and the device referred to in paragraph 2. 11 point 2;

3. has:

(a) locality conditions,

(b) didactic equipment,

(c) places intended for practical classes,

(d) places intended for driving under special conditions,

(e) motor vehicles suitable for the training course,

(f) a detailed training programme, together with a plan for its implementation and teaching methods;

4) was not, as a natural person or a member of the body of a legal person, legally convicted of a crime committed in order to achieve property benefits or a crime against the reliability of documents.

3. An organ holding a register of operators carrying out a training centre shall be competent for the place where the activity covered by the alert has been performed.

4. An entry to the register of entrepreneurs conducting the training centre shall be carried out at the request of the entrepreneur containing the following data:

1) the designation of the entrepreneur, his registered office and address or the place of residence;

2) the number in the Register of Entrepreneurs of the National Court Register-if required;

3) the tax identification number (NIP) of the entrepreneur;

4) an indication of the location of the training centre.

5. The application referred to in paragraph 1. 4, the entrepreneur attaching:

1) the training programme together with the training implementation plan and teaching methods;

2) a copy of the documents confirming the qualification and knowledge of instructors of the driving technique and lecturers;

3) copies of documents containing information on: premises conditions, teaching equipment and the place intended for the conduct of practical classes and held vehicles or a copy of the contract referred to in paragraph. 11 point (1), or of documents containing information on the device referred to in paragraph 1. 11 point 2, together with a copy of the certificate;

4) a document confirming the fulfilment of the relevant technical requirements by the vehicles referred to in paragraph. 2 point 3 (e), issued by the vehicle expert referred to in Article 3 (2) (a) of the Directive, 79a of the Act of 20 June 1997. -The law on road traffic.

6. Together with the application referred to in paragraph. 4, the entrepreneur shall make a declaration of the following contents:

" I declare that:

1) the data contained in the application for entry in the register of entrepreneurs conducting the training centre are complete and truthful;

2) I am known to me and meet the conditions for the pursuit of business activities in the field of conducting the training centre, set out in the Act of 6 September 2001. o road transport. '.

7. The statement referred to in the paragraph. 6, it shall also include:

1) the designation of the entrepreneur, his registered office and address or the place 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, stating her name and his name and function.

8. In the register of entrepreneurs conducting the training centre, the data of the entrepreneur referred to in the paragraph shall be inserted. 4, with the exception of the address of residence, if it is different from the address of the place of residence, and its number in this register.

9. When making an alert, the wojewater takes:

1) the entry fee-constituting the revenue of the state budget;

2) a registration fee, referred to in the provisions of the Act of 20 June 1997. -Law on road traffic-to cover the costs of the operation of the central register of drivers.

10. The Wojewoda shall transmit:

1) [ 4] to the Central Register of drivers, data on the registration of the trader in the Register of Entrepreneurs conducting the training centre, under the conditions laid down in the Article. 100ac ust. 3 of the Act of 20 June 1997. -Right of road traffic;

2) a record fee to the Fund-Central Register of Vehicles and Drivers referred to in the provisions of the Act of 20 June 1997. -The right of road traffic-on the basis and within the time limits laid down in the provisions of this Act.

11. The entrepreneur may not meet the requirements referred to in paragraph. 2 point 3 (d), if:

1) has entered into an agreement for carrying out classes with the means of improving the driving technique, referred to in the provisions of the Act of 5 January 2011. driving vehicles, or

2) has a technical device for simulating driving in special conditions, meeting the requirements stipulated by the provisions issued under the mouth. 12, having an appropriate certificate issued by an entity accredited in the Polish accreditation system.

12. The Minister responsible for transport shall determine, by means of regulations, technical and organisational requirements and the scope of the functionality carried out by the device referred to in paragraph. Article 11 (2), taking into account the need to ensure that equipment meeting uniform requirements is used in training.

Art. 39h. [ Supervision of training centres] 1. The supervision of the training centres shall be carried out in the water.

2. Within the framework of the supervision of the water-water:

1) conduct a check in the scope of:

(a) the training centre meets the requirements referred to in Article 3 (1) (a). 39g ust. 2,

(b) compliance of the training with the training programmes in force,

(c) the documents required in connection with the training;

2. in the event of a determination of infringements, the operating conditions shall set a deadline for their removal

3) issue a decision to ban the entrepreneur of the training centre and to draw from the office an entrepreneur from the register of entrepreneurs conducting the training centre, if the entrepreneur:

(a) he/she has made a statement and other documents constituting the annexes to the application referred to in Article 39g ust. 5, not in factual state,

(b) has not removed breaches of the conditions for the pursuit of an economic activity in the field of establishment of a training centre within the time limit set by

(c) he has grossly violated the conditions for the pursuit of an economic activity in the field of training

3. The breach of the conditions for the pursuit of an economic activity in the course of the training centre shall be:

1. multiple driving training:

(a) in a manner which does not comply with the specific conditions required for carrying out the classes referred to in Article 3. 39i ust. 1 point 2,

(b) not in accordance with the training programme,

(c) vehicles which do not comply with the detailed requirements referred to in Article 3. 39i ust. 1 point 1;

2) failure to present the information referred to in art. 39e ust. 2 point 1;

(3) the issue of a certificate of professional qualification which is not in a factual situation;

(4) the refusal to surrender the checks referred to in paragraph 1. 2 point 1.

4. [ 5] The data on the deletion of an entrepreneur from the register of entrepreneurs conducting the training centre of the wojewoda shall transfer to the central register of drivers under the rules laid down in the article. 100ac ust. 3 of the Act of 20 June 1997. -The law on road traffic.

Art. 39i. [ Delegation] 1. The Minister responsible for transport shall determine, by means of a regulation:

1. detailed requirements in relation to the operator of the training centre referred to in art. 39g, in terms of technical infrastructure, local conditions, teaching equipment and the vehicles used in the course of training;

(2) specific conditions for the training of pre-qualification, pre-qualification, pre-qualification, pre-qualification, pre-qualification for accelerated training, recurrent training, and classes in the framework of the training course. the periodic training referred to in Article 39d ust. 3 point 2;

3. detailed conditions for carrying out the qualification tests;

4) detailed requirements for the members of the committee, the way of their appointment and the amount of their remuneration, which may not be higher than PLN 400 per exam;

5) a model certificate of professional qualification;

6) the treatment of documentation related to the training of initial qualification, pre-qualification, pre-qualification, pre-qualification for the initial qualification, and training periodic;

7) (repealed)

8) the fee for the entry of the entrepreneur to the register of entrepreneurs conducting the training centre.

2. By issuing the regulation referred to in paragraph 1. The minister responsible for transport shall take into account, as appropriate:

1) the provisions of the European Union in the area referred to in paragraph. 1 point 1, as well as the need to ensure adequate organisational and technical requirements for the conduct of courses and classes;

2) the provisions of the European Union to the extent referred to in paragraph. 1 point 2, and the need for an objective check of the preparation for the initial qualification and the initial qualification in the field of road transport;

3. the need to ensure harmonised procedures for carrying out the qualification tests;

4) the need to ensure an adequate level of education and the period of professional practice of the members of the commission to the extent of the corresponding required knowledge concerning the performance of road transport, and the need to ensure the coverage of the costs associated with the carrying out of qualification tests by the committee;

5) the scope of the data necessary to confirm the fulfilment by the driver performing the road transport requirements of the Act, in particular in the field of medical and psychological examinations, completed trainings, held in the right to drive the vehicle motor vehicles, competent authorities and entities entitled to issue a certificate of professional competence;

(6) the scope of the data necessary for the proper conduct of the initial qualification, the initial qualification of the accelerated pre-qualification, the pre-qualification of the pre-reple-ning qualification and the recurrent training of the candidates for drivers and drivers engaged in road transport, the rightators and activities, the competent authorities on entry in the register, as well as the European Union's rules on obtaining documents relating to obtaining initial qualification and recurrent training;

(7) the need to ensure adequate protection of the documentation relating to the training of the training centres for initial qualification, pre-qualification, pre-qualification, pre-qualification, and pre-replenisation of the accelerated pre-qualification, and recurring training;

8) (repealed)

9) the amount of the actual costs associated with the conduct of the register of entrepreneurs conducting the training centres and the amount of costs associated with the verification of documents.

Article 39j. [ Medical Exams] 1. The driver performing the road carriage shall be subject to medical examinations in order to determine the existence or absence of health contraindications for the performance of work on the driver's position.

2. The medical examinations referred to in paragraph. 1, shall be carried out, subject to the paragraph. 3-6, in the scope and on the principles laid down in the provisions of the Act of 26 June 1974. -Labour Code (Dz. U. of 2016 r. items 1666), hereinafter referred to as the "Labour Code".

3. The scope of medical examinations referred to in paragraph. 1, it also includes establishing the existence or absence of health contraindications to drive vehicles, in accordance with Chapter 12 of the Act of 5 January 2011. on the direction of the vehicles.

4. The medical examinations referred to in paragraph. 1, shall be carried out:

1) up to the time of completion by the driver of 60 years-every 5 years;

2) upon completion by the driver 60. a year of life-every 30 months.

5. The first medical examination referred to in paragraph. 1, shall be carried out before the date of issue of the certificate of professional qualification confirming the completion of the qualification, and any subsequent for the driver aged up to 60 years-within the time limit appropriate for the completion of the periodic training, however not later than the day the issue of a certificate of professional qualification confirming completion of the periodic training course.

6. Medical examinations referred to in paragraph. 1, perform doctors entitled to perform preventive examinations, referred to in the provisions of the Labour Code, having additionally the power to carry out medical examinations of the candidates for drivers and drivers specified in separate regulations.

Article 39k. [ Psychological studies] 1. The driver performing the road carriage shall be subject to psychological tests carried out in order to determine the existence or absence of psychological contraindications to perform the work on the driver's position.

2. The psychological research referred to in paragraph. 1, shall be carried out, subject to the paragraph. 3 and 4, to the extent and on the principles specified for drivers in Chapter 13 of the Act of 5 January 2011. on the direction of the vehicles.

3. The psychological research referred to in paragraph. 1, shall be carried out:

1) up to the time of completion by the driver of 60 years-every 5 years;

2) upon completion by the driver 60. a year of life-every 30 months.

4. The first psychological examination referred to in paragraph. 1, shall be carried out before the date of issue of the certificate of professional qualification confirming the completion of the qualification, and any subsequent for the driver aged up to 60 years-within the time limit appropriate for the completion of the periodic training, however not later than the day the issue of a certificate of professional qualification confirming completion of the periodic training course.

Article 39l. [ Obligations of an entrepreneur or other operator performing a road carriage] 1. Entrepreneur or other operator performing road transport shall be obliged to:

1. driving drivers to:

(a) periodic training,

(b) medical and psychological examinations;

2. covering the cost of medical and psychological examinations;

3) storage throughout the period of employment of the driver of the copy:

(a) certificates of professional competence,

(b) medical and psychological decisions;

4) conducting documentation on medical and psychological examinations;

5. the transfer of the copies of the decisions and certificates referred to in point 3 to the driver as soon as the employment relationship is resolved.

2. An entrepreneur or other operator performing road transport can cover the costs of training of periodic drivers.

3. The fulfilment by the entrepreneur or by any other entity performing the carriage of the road obligation referred to in paragraph. Article 1 (1) (b) shall be deemed to be tantamount to meeting the employer's obligations in respect of the execution of preliminary and periodic medical examinations referred to in Article 1 (1) (b). 229 § 1 and 2 of the Labour Code.

Art. 39m. [ Entrepreneur or other person personally performing road transport] The requirements referred to in Article 39a-39l, shall apply mutatis mutandis to the entrepreneur or other person personally performing the carriage of the road.

Art. 39n. [ Badge "Model Driver"] 1. The badge of "Model driver" is determined.

2. Odznaka referred to in paragraph. 1, may be given to professional drivers distinguished by specific achievements in the work and perennial of the uncasuated driving.

3. The "Model driver" gives the minister competent for transport.

(4) The Minister responsible for transport shall determine, by regulation, the specific conditions for the award of the "Model driver", the mode of presentation of the application, the design of the badges, the mode of presentation and the method of wearing it, taking into account the requirements which should be taken into account in the comply with requests for badges and the criteria used to give them the award.

Chapter 8

Fees

Article 40. [ Submission of the fees] An entrepreneur undertaking and performing road transport shall be obliged to bear the charges for:

1) the administrative tasks specified in the Act;

2) carry out the examination referred to in art. 37;

3) issue of the certificate of professional competence referred to in art. 38 par. 3.

Article 41. [ Fees for Administration Tasks] 1. Charges for administrative acts shall be charged for:

1) to grant the license, change the license, extend the validity of the license, issue the license from the licence, issue the secondary license, and transfer the privileges of the license;

2. issuance of the permit, amendment of the permit, extension of the validity of the permit, issue of the discharge from the permit, the issue of a secondary permit for carrying out a regular carriage of special, shuttle transport, occasional carriage or international regular transport;

3. issue of a permit for cabotage transport;

4) the issue of a foreign permit;

5) the issue of the certificate or change of certificate, the issue of the discharge from the certificate of notification of the operating activities for their own needs;

6) the issuance of an authorization to perform international road transport of persons on or through the territory of the Republic of Poland a car vehicle designed to carry no more than 9 persons including the driver;

7) the issue of the driver's certificate or his/her change and the issuance of the driver's certificate;

8) the issuance of the driving form;

9) the issue of the certificate referred to in art. 30 par. 10, or its amendments and the issuance of the Certificate Rector;

10) the issue of the decision referred to in art. 20a par. 2;

11) granting authorisation to pursue the occupation of road transport operator, amendment of the permit to pursue the occupation of road transport operator, issue of a discharge from the permit for the pursuit of the occupation of road transport operator, the issue of a secondary permit for execution the occupation of road transport operator and the transfer of allowances resulting from the authorisation of the occupation of road transport operator

2. The fees referred to in paragraph. 1, collect the authorities responsible for these activities.

3. The fees referred to in Art. 40 (2) and (3), shall be collected by the body referred to in Article 40 (2) and 38 par. 2 and paragraph 3.

4. The Minister responsible for transport in order to improve the charging procedures may, by regulation, authorise, under certain conditions, charging for certain administrative operations in international road transport, referred to in paragraph 1: 1, Polish organisations with nationwide coverage of international road hauliers.

5. (repealed)

Article 42. (lost power)

Article 42a. (repealed)

Article 43. [ Charging on a reciprocity basis] 1. Foreign entrepreneurs may be charged on the basis of reciprocity.

2. The minister competent for transport may, by regulation, introduce for the foreign entrepreneurs the fees referred to in the paragraph. 1, specifying their height, the mode of application and the units competent to download them.

Article 44. [ Commission on toll collected] 1. The units referred to in art. 26, art. 32 and Art. 43 par. 2, shall receive a commission on the charges levied, not less than 7% and not more than 10%.

1a. (repealed)

1b. (repealed)

2. The Minister for Transport, in agreement with the Minister responsible for public finance, shall determine, by way of regulation, the amount of commission rates and the manner in which it is to be taken and accounted for with the units referred to in paragraph 1. 1.

Article 45. [ Exemption of charges] 1. An entrepreneur performing road transport may be exempt from the fees referred to in art. 43, in the event of a humanitarian, medical or disaster relief operation carried out by him.

2. The exemption referred to in paragraph 2. 1, the following shall be made by an administrative decision issued by the Minister responsible for transport, in accordance with the request of the economic operator and the competent public authority or humanitarian organisation.

Article 45a. (repealed)

Article 46. [ Receipts received from fees] 1. Proceeds obtained from the fees referred to in art. 41 par. 1 points 7-9 and art. 43, and the proceeds from the fees for:

1) in international road transport:

(a) to grant a Community licence, to modify the Community licence, to extend the validity of a Community licence, to issue a discharge from a Community licence, to issue a second Community licence, and to transfer the rights deriving from the licence Community

(b) the issue of an authorisation, amendment of an authorisation, renewal of an authorisation, the issue of an authorisation from an authorisation, the issue of a secondary permit for the carriage of a regular special carriage, a shuttle service or occasional carriage,

(c) the adoption of the decision referred to in Article 20a par. 2,

(d) the authorisation of cabotage operations,

(e) the issue of the authorisation referred to in Article 19a ust. 1,

(f) the issue of the certificate, the amendment of the certificate, the issue of the discharge from the certificate of declaration of activity in the field of international carriage for own needs,

2) the issuance of a multiple foreign permit issued by the International Transport Forum (International Transport Forum),

3) the issuance of a permit for the exercise of international road transport of persons on or through the territory of the Republic of Poland a car vehicle designed for the carriage of not more than 9 persons including the driver

-they are transferred in full to the bank account of the General Directorate for National Roads and Motorways.

1a. Proceeds obtained from the fees, for issuing foreign permits for the performance of international carriage of goods by road or persons, shall be transferred, subject to the paragraph. 1 point 2:

1) on the extracted bank account of the General Directorate for National Roads and Motorways-50% of receipts;

2) to the state budget-50% of influence.

2. The General Director of National Roads and Motorways shall exercise supervision over the implementation of the proceeds of the fees referred to in art. 41 par. 1 points 7-9 and art. 43.

3. The General Director of the National Roads and Motorways shall transfer the amounts of the collected fees referred to in the paragraph. 1 and paragraph 1a, point 1, within the first two working days following the end of the week in which they received the national road fund's account for the construction and maintenance of national roads and for the collection of data on public roads and preparing information on the network of public roads, as well as improving road safety and highway construction.

3a (repealed)

4. Proceeds obtained from other charges than those mentioned in paragraph. 1, shall constitute the income of the competent local government or the state budget accordingly.

Article 47. [ Delegation] 1. The Minister responsible for transport, in agreement with the Minister responsible for public finance, shall determine, by means of a regulation:

1. the amount of the fees for the administrative tasks referred to in Article 3. 41 par. 1, bearing in mind, in particular, the nature of the powers to be granted and the period for which they are to be issued;

2) the amount of fees for examination and for issuing a certificate of professional competence.

2. In the Regulation referred to in paragraph. 1, the amount of the fees will be determined:

1) in the case of a licence, depending on:

(a) the validity of the licence

(b) the number of motor vehicles for which the licence is issued,

(c) the scope of road transport

(d) transport type,

(e) the type of vehicles-in international road transport of persons;

(1a) in the case of an authorization to pursue the occupation of road transport operator, depending on the number of vehicles for which the permits issued are issued;

2. in the case of an authorisation, depending on:

(a) the duration of the authorisation

(b) type of permit

3) in the case of a certificate confirming the declaration by the entrepreneur of conducting the road haulage as an ancillary activity in relation to his basic business activity, depending on:

(a) the operating range

(b) transport modes;

4) in the case of a certificate of professional competence, depending on:

(a) the extent and form of the knowledge test, taking into account the cost of the test

(b) the type of certificate of professional competence taking into account the costs of issuing

5) in the case of the driver's certificate, depending on the period of validity.

3. The amount of the fee for the following:

1) the grant of the licence-may not be higher than the equivalent of 1 000 000 euro;

2. the granting of an authorisation for the transport of persons by road may not be higher than the equivalent of EUR 800;

3. the granting of a cabotage authorization may not be higher than the equivalent of EUR 800 per one-off carriage;

4) the issue of a foreign permit-shall not be higher than the equivalent:

(a) EUR 500 per multiple annual authorisation,

(b) 15 euro for a one-off permit;

5) the issue of the driver's certificate-may not be higher than the equivalent of 10 euro;

6) the issuance of a driving form-shall not be higher than the equivalent of 30 euros;

7) the issue of the certificate referred to in art. 30 par. 10-may not be higher than the equivalent:

(a) 70 euro for a vehicle without a certificate,

(b) EUR 50 for a vehicle in the event of the renewal of the certificate,

(c) 30 euro for a trailer or semi-trailer not holding a certificate,

(d) 15 euro for the trailer or semi-trailer in the event of renewal of the certificate;

8) to issue a permit to pursue the occupation of road transport operator, shall not be higher than the equivalent of 300 euro.

Art. 47a. [ Tasks of bodies of self-government units executed as own tasks] Tasks of the bodies of local government units referred to in art. 7 ust. 2 points 1 and paragraph 2 4 points 2 and 3, art. 7d par. 1 and paragraph 4-6, art. 16b par. 1 and 4, art. 18 (1) 1 point 1 and paragraph. 4, art. 33 (1) 8 and 9a, art. Paragraph 47b (b) 2-4, art. 82b ust. 2 points 1 and 3, art. 82c ust. 3, art. 82e, art. 82f ust. 1, art. 82i ust. 1 and Art. 95b (b) 2, they are performed as own tasks.

Chapter 8a

Designating courtiers in which assistance is provided to disabled persons and persons with reduced mobility

Article 47b. [ obligation to adapt the station to help disabled persons and persons with reduced mobility] 1. Railway Station:

1) whose owner or co-owner in a part of more than half of the shares in co-ownership is a self-government unit and

2) which is located in the city of more than 50 000 inhabitants, and with a year departing over 500,000 passengers

-shall be subject to the obligation to adapt to the provision of assistance to disabled persons and persons with reduced mobility within the scope set out in Annex I (a). a to Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011. on the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (Dz. Urz. EU L 55, 28.02.2011, p. 1), hereinafter referred to as "Regulation No 181/2011".

2. The unit referred to in paragraph 2. For the purposes of Article 1 (1), an analysis shall be carried out annually by 31 March on the fulfilment by the railway station of which it is the owner or co-owner of more than half of the shares in the joint-ownership, the criteria set out in the paragraph. 1 point 2. The results of the analysis shall be transmitted immediately to the wojewoda.

3. The unit referred to in paragraph 3. 1 point 1, within the year following the year in which the railway station of which it is the owner or co-owner of more than half of the shares in the joint-ownership, met the criteria set out in the paragraph. Article 1 (2), is required to adapt the railway station to the provision of assistance to disabled persons and persons with reduced mobility within the scope set out in Annex I (a). a to Regulation (EC) No 181/2011, hereinafter referred to as 'the granting of aid'.

4. The unit referred to in paragraph 1. 1 point 1, after adjustment of the station for the provision of assistance, it is obligatory to apply immediately to the minister responsible for transport, by means of the water car, with the application to appoint this station as the station where the aid is granted.

5. The application referred to in paragraph 1. 4, documents confirming the adaptation of the station to the granting of assistance shall be attached.

Article 47c. [ Deprivation of the status of the station designated for the granting of aid] 1. The owner of the station, which does not meet the criteria specified in art. Paragraph 47b (b) In the case of adaptation of this station, the Minister responsible for the transport, via the water car, may request the designation of the station as the station for which the aid is granted, in the case of adaptation of that station to the aid. Article Recipe Paragraph 47b (b) 5 shall apply.

2. At the request of the owner made to the minister competent for transport, by means of the voyev, the station designated in accordance with the mouth. 1. The aid may be deprived of the status of the station designated for its award.

Art. 47d. [ Agreement on adaptation of the station to aid] 1. The Minister responsible for transport may conclude with the managing body a court meeting the criteria laid down in the art. Paragraph 47b (b) 1 point 2, not being:

1) the unit of local government referred to in art. Paragraph 47b (b) 1 point 1 or

2) owner of the station referred to in art. Paragraph 47c (c) 1, which applied to the application referred to in that provision

-the agreement on the basis of which the operator of the railway station will grant the station to the aid within the time limit laid down in that agreement.

2. After adjusting the station referred to in the mouth. The minister responsible for transport shall designate the railway station as the station in which the aid is granted, by means of its inclusion in the list referred to in Article 1, for the aid to be granted by the minister responsible for transport. 47g.

Art. 47e. [ The status of the station in case of cessation of compliance with specified criteria] Where the railway station designated for aid no longer meets the criteria laid down in Article 4 (1) of the EC Paragraph 47b (b) 1 point 1 or 2, it shall maintain the status of the station designated for its granting, unless its owner or co-owner in a part of more than half of the shares in the joint-ownership does not occur to the minister competent for transport, through the wojewater, With a request to deprive this station of the status of the station designated for the assistance. The application shall be accompanied by documents proving that the railway station no longer complies with the criteria laid down in Article 4. Paragraph 47b (b) 1 point 1 or 2.

Article 47f. [ Entities authorised to control the adaptation of the railway stations to the aid] 1. The Wojewoda and the minister responsible for transport shall be entitled to control the adjustment of the railway stations to the aid.

2. The Wojewoda shall be entitled to control the implementation of the obligation referred to in art. Paragraph 47b (b) 2, taking into account the scope, the manner and timeliness of its implementation.

3. Within the framework of the checks referred to in paragraph 1. 1 and 2, the person authorised to carry them out shall have the right to request from the controlled written or oral explanations, the presentation of documents and other media of information and the provision of data relating to the subject of control.

Article 47g. [ The entity responsible for carrying out and updating the list of courtiers] The minister responsible for transport shall carry out and update the "List of manors designated for the assistance of disabled persons and persons with reduced mobility".

Art. 47h. [ Actions performed by the minister upon receipt of the application] 1. The Minister competent for transport after receipt of the application referred to in art. Paragraph 47b (b) 4 or Art. Paragraph 47c (c) 1:

1. designates the station for assistance through its inclusion in the "List of stations designated for the provision of assistance to disabled persons and persons with reduced mobility", or

2. refuse, by means of an administrative decision, to designate a station for the granting of aid and fix an additional time limit for its adaptation, where the railway station has not been adjusted to the extent specified in Annex I (c). a to Regulation No 181/2011.

2. The Minister competent for transport after receipt of the application referred to in:

1. Paragraph 47c (c) 2, deprives the station of the status of the station designated for the granting of assistance by removing it from the list referred to in paragraph 1. 1 point 1;

2. Article 47e:

(a) deprives the station of the status of the station designated for the assistance by removing it from the list referred to in paragraph 1. 1 point 1, or

(b) refuse, by means of an administrative decision, to deprive the station of the status of the station designated for assistance where it establishes that the railway station still complies with the criteria laid down in Article 4 (1) of the basic Regulation. Paragraph 47b (b) 1.

3. The Minister responsible for transport shall include in the Public Information Bulletin on his/her subjective page and keep up to date " List of manors designated for assistance to disabled persons and persons with reduced mobility of the movement ".

4. The Minister responsible for transport shall transmit to the European Commission in accordance with the provisions of Article 4 12 of Regulation No 181/2011 "List of stations designated for the provision of assistance to disabled persons and persons with reduced mobility" and updates thereto.

Chapter 9

Road Transport Inspection

Article 48. [ Inspection Of Road Transport] The Road Transport Inspectorate, hereinafter referred to as the 'Inspection', is set up to check compliance with the rules on road carriage carried out by road vehicles and the rules referred to in Article 4. 3 para. 1a.

Article 49. [ Enforcement control] The provisions of the Act do not violate the obligations and powers of public authorities as provided for in the separate statutes and powers of control.

Article 50. [ Inspection Tasks] The tasks of the Inspections shall be:

1. control:

(a) the observance of the obligations or conditions of carriage by road referred to in Article 3. 4 point 22,

(b) (repealed)

(c) the observance of traffic regulations in the scope and under the conditions laid down in the Act of 20 June 1997. -Right of road traffic,

(d) (repealed)

(e) compliance with detailed rules and conditions for the transport of animals

(f) (repealed)

(g) the placing on the market of transportable pressure equipment, in terms of compliance with the technical requirements, the technical documentation and the correctness of the marking, to the extent specified in the Act of 19 August 2011. the transport of dangerous goods,

(h) type of fuel used,

(i) documents relating to the exercise of public collective transport,

(j) the regularity of the payment of the electronic toll referred to in Article 13 (1) 1 point 3 of the Act of 21 March 1985. o public roads,

(k) compliance with working time:

-entrepreneurs who carry out road transport in person,

-persons who are not employed by the trader but who are in person carrying out road transport services to his or her behalf;

2) conducting administrative proceedings, including the issuance of administrative decisions on the principles set out in the Act, as well as the taking of other activities in it provided for, in matters:

(a) Community licence,

(b) authorisations in international road transport and cabotage authorizations,

(c) driving forms,

(d) international non-profit-making attestative service,

(e) driver certificates,

(f) the certificates referred to in Article 30 par. 10,

(g) authorisations for the pursuit of the occupation of road transport operator in the cases referred to in art. 7 ust. 2 point 2,

(h) whether the requirement of good repute as referred to in Article 4 is met or not met. 7d par. 1-6, in the cases referred to in art. 7 ust. 2 point 2;

3) take action on foreign permits and permits of the minister competent for transport.

Article 50a. [ Delegation] The Minister responsible for transport in agreement with the Minister responsible for public finance shall determine, by way of regulation, the detailed mode of control referred to in Article 4. 50 point 1 (h), taking into account the way in which the checks are carried out and the type of fuel used.

Article 50b. [ Source of financing of maintenance, repair and current maintenance of technical devices for weighing vehicles] The maintenance, repair and maintenance of technical equipment for the weighing of vehicles shall be financed from the State budget of the part of which the Minister responsible for transport is at its disposal.

Article 51. [ The bodies carrying out the tasks of the Road Transport Inspectorate] 1. The tasks of the Road Transport Inspectorate referred to in this Chapter shall carry out the following authorities:

1) The Chief Inspector of Road Transport;

2) voivodship operating through the provincial road transport inspector, hereinafter referred to as the "provincial inspector", as the head of the provincial road transport inspection of the provincial administration of the mashup.

2. The bodies mentioned in the mouth. 1 shall carry out the tasks of the Inspectorate of Road Transport in accordance with the competencies specified in the Act and the separate provisions.

3. The Chief Inspector of Road Transport coordinates, supervises and controls the activity of the provincial road transport inspectors and supervises the execution of the financial and financial plans in the financial year in the part concerning provincial inspectorates. Road transport.

4. The Provincial Road Transport Inspector directs the activities of the provincial inspectorate of road transport.

5. Tasks related to the implementation of tasks defined in Art. 50 point 1 to the extent specified in the Article. 68-75 carry out the Provincials of the Inspectorate, hereinafter referred to as the "inspectors".

(6) In matters relating to the exercise of the tasks and powers of the Inspection, the competent authority shall be:

1) The Chief Inspector of Road Transport-in cases:

(a) referred to in Article 50 points 2 and 3 of this Act,

(b) relating to the control of the payment of electronic toll on national roads, as laid down in the Act of 21 March 1985. o public roads,

(c) relating to the control of the observance of road traffic rules by vehicles in the field referred to in Article 3 (1) of Regulation (EC) 129g ust. 1 of the Act of 20 June 1997. -Right of road traffic;

2) provincial inspector-in other cases.

7. The Chief Inspector of Road Transport may in the cases referred to in the mouth. 6 point 1 lit. a and b, authorize to act on his behalf of the provincial road transport inspector.

8. A higher degree bodies within the meaning of the Code of Administrative Conduct on the matters referred to in paragraph. 6 point 2, is the Chief Inspector of Road Transport.

Article 52. [ Main Inspector] 1. The Chief Inspector of Road Transport directs the Inspectorate with the assistance of the Chief Inspectorate of Road Transport and the field delegations of the Main Inspectorate of Road Transport, hereinafter referred to as "the Delegations".

1a. The Chief Inspector of the Road Transport may issue a matter which belongs to the properties of the Delegation, or transfer to the delegation of another delegation or a case belonging to its property, transfer to the delegation of the designated delegation.

1b. Delegations shall be guided by the Delegations ' chief. The decisions and provisions on the property of the delegations and on matters transferred to the Chief Inspectorate of the Road Transport Inspectorate shall issue on behalf of the Chief Inspectorate of Road Transport.

1c. The support of the delegation is provided by the provincial inspectorate of road transport in the area of operation of which the seat of the delegation is located.

2. The President of the Council of Ministers, by order, gives the statutes to the Main Inspectorate of Road Transport, in which it defines the organisation of the Main Inspectorate of Road Transport and its delegations, including the territorial scope of the delegations ' activities, and Voivodship Inspectorates of Road Transport, which are their premises.

3. The Provincial Inspector directs the voivodship inspection by the provincial inspectorate of road transport.

4. The minister competent for transport, in agreement with the minister competent for public administration, will determine, by regulation, the rules of the organization of the provincial inspectorates of road transport, taking into account the division into cells organizational.

Article 53. [ Inspector General's Position] 1. The Chief Inspector is the central authority of the government of the subordinate minister competent for transport.

2. The Chief Inspector shall be appointed by the President of the Council of Ministers, from among persons selected on the way of an open and competitive recruitment, at the request of the minister competent for transport. The President of the Council of Ministers refers to the Chief Inspector.

3. The Deputy Chief Inspector appoints the minister responsible for transport, from among the persons selected by means of an open and competitive recruitment, at the request of the Chief Inspector. The Minister responsible for transport refers, at the request of the Chief Inspector, to his deputy.

3a. The position of the Chief Inspector may occupy a person who:

1) holds a master's professional title or equivalent;

2) is a Polish citizen;

3) benefit from full public rights;

4) she was not convicted of a final sentence for a deliberate offense or a deliberate treasury offence;

5) has managerial competence;

6) have at least 6-year-old work placer, including at least 3-year-old seniority in the managerial position;

7) has an education and knowledge of the matters belonging to the property of the Road Transport Inspectorate.

3b. Information on the position of the Chief Inspector is announced by placing the advertisement in a place which is widely available at the seat of the office and in the Public Information Bulletin and the Public Information Bulletin of the Chancellery of the President. Council of Ministers. The notice shall include:

1. the name and address of the office;

2. determination of the position;

3) requirements related to the position resulting from the provisions of law;

4) the scope of the tasks performed on the post;

5) an indication of the required documents;

6) deadline and place of submission of documents;

7. information on the methods and techniques of recruitment.

3c. The term referred to in paragraph 1. 3b, paragraph 6, shall not be less than 10 days from the date of publication of the notice in the Public Information Bulletin of the Chancellery of the Prime Minister.

3d. The recruitment for the position of the Chief Inspector is carried out by the team, appointed by the minister competent for transport, with at least 3 persons whose knowledge and experience provide a guarantee of the selection of the best candidates. In the course of the selection, the applicant shall assess the applicant's professional experience, the knowledge necessary to carry out his duties as a recruitment, and the managerial competence.

3e. Assessment of the knowledge and managerial competence referred to in paragraph. 3d, may be made on the order of the team by a non-member of the team, who has the appropriate qualifications to make this assessment.

3f. Member of the team and the person referred to in paragraph. 3e, they have the obligation to keep in secret the information concerning applicants for the post obtained during the recruitment process.

3g. In the course of the selection, the team will emerge no more than 3 candidates, which are presented by the Minister of Transport competent for transport.

3h. The team shall draw up a protocol from the selection which shall include:

1. the name and address of the office;

2) determining the position for which the recruitment was conducted, and the number of candidates;

3) forenames, surnames and addresses of no more than 3 of the best candidates ranked according to the level of meeting the requirements laid down in the announcement of the borderline;

4. information on the methods and techniques used for the recruitment;

5) justification of the choice made or the reasons for the nominee's failure;

6) composition of the team.

3i. The result of the recruitment shall be announced immediately by the publication of the information in the Public Information Bulletin and the Public Information Bulletin of the Chancellery of the Prime Minister. Information on the outcome of the recruitment shall include:

1. the name and address of the office;

2) determination of the position for which the recruitment was conducted;

3) forenames, the names of the selected candidates and their place of residence within the meaning of the provisions of the Civil Code or information about the failure of the candidate.

3j. Setting up in the Public Information Bulletin of the Chancellery of the Prime Minister of the Council of Ministers announcement of recruitment and of the result of this recruitment is free of charge.

3k. The team carrying out the recruitment for the post referred to in paragraph. 3, appoints the Chief Inspector.

3l. To conduct recruitment for the post referred to in paragraph 1. 3, the paragraph shall apply mutatis mutandis. 3a-3j.

4. The Provincial Inspectorate appoints and refers the voivodship, with the consent of the Chief Inspector.

5. The deputy of the voivodship shall appoint and cancel the voivodship, at the request of the provincial inspector, in agreement with the Chief Inspectorate of Road Transport.

Article 54. [ Powers Of Chief Inspector] 1. The Chief Inspector exercises supervision over the voivodships and has the right to control their activities, and also to issue them binding commands in this respect.

2. Main Road Transport Inspector:

1. shall draw up the directions of the operation of the Inspectorate in consultation with the organisations of national-wide carriers and control plans of national importance, as approved by the Minister responsible for transport;

2) specify the methods and forms of execution of tasks by the Inspectorate, to the extent not covered by other provisions issued on the basis of the Act;

3) organize specialist courses and the training of inspectors;

4) prepare draft legal acts in the control of road hauls;

5) develops, in cooperation with the Police Chief Commander, Chief of the Main Border Guard, Head of the National Treasury Administration and the Chief Labour Inspectorate, a unified national control strategy for driving time and time regulations stop, mandatory breaks and rest periods of drivers;

6. ensure the participation of the Inspectorate, at least six times a year, in coordinated with the competent control authorities of another Member State or Member States of the European Union, of a Member State of the European Free Agreement Trade (EFTA)-parties to the Agreement on the European Economic Area, roadside checks on drivers of vehicles falling within the scope of Council Regulation (EEC) No 3821/85 of 20 December 1985. 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) and Regulation (EC) No 561/2006; such checks shall be carried out on the territory of the Republic of Poland and may be carried out jointly with the Polish control bodies;

7) implement, at least once a year, joint with the competent authorities responsible for intra-Community contacts in the concerned Member States of the European Union, of a Member State of the European Free Trade Agreement (EFTA)- the parties to the Agreement on the European Economic Area, the training programme for the best control practices and the exchange of workers;

8) grants to the competent authorities of another Member State of the European Union, the Member State of the European Free Trade Agreement (EFTA)-the parties to the Agreement on the European Economic Area, the necessary assistance and explanations in the situation when the absence of there is sufficient data to be found during the roadside check carried out on the territory of that Member State of the European Union, of a Member State of the European Free Trade Agreement (EFTA)-the parties to the European Agreement The Economic Area, that the driver of the vehicle registered in The Republic of Poland, has breached regulations in terms of driving times and time of stationary, mandatory breaks and rest times;

9. ensure the participation of its representative in the Committee supporting the European Commission, established in accordance with the Article. 18 (1) 1 of Council Regulation (EEC) No 3821/85 of 20 December 1985 (OJ L 81, 12.12.1985, p. on recording equipment used in road transport;

10) exchanges with the competent authorities of the Member States of the European Union, the Member State of the European Free Trade Agreement (EFTA)-the parties to the agreement on the European Economic Area, at least once every six months or in individual cases for specific request, information available on the basis of Article 19 (1) 3 of Council Regulation (EEC) No 3821/85 of 20 December 1985. on recording equipment used in road transport and art. 22 par. 2 of Regulation (EC) No 561/2006;

11) carry out the tasks of the Inspections for the control and supervision of the observance of traffic regulations by the driving vehicles in the scope referred to in art. 129g ust. 1 of the Act of 20 June 1997. -Right of road traffic;

11a) performs the tasks of the Inspections related to the control of payment of electronic toll on national roads under the principles laid down in the Act of 21 March 1985. on public roads;

12) agree on the draft annual plans of the financial and financial plans in the section concerning provincial inspectorates of road transport.

2a. The tasks of the Chief Inspector of Road Transport are financed from the budget of the State, of the part of which the Minister responsible for transport is at its disposal.

3. The Provincial Inspectorate develops directions of operation of the provincial road transport inspection, approved by the Chief Inspector.

4. The Chief Inspector of Road Transport once every two years shall submit to the Council of Ministers, through the minister competent for transport, a uniform national control strategy, by the deadline of 30 November.

Art. 54a. (repealed)

Art. 54b. [ Control of driving time, parking time, mandatory breaks and rest periods of drivers performing road transport] 1. The Chief Inspector of Road Transport is the body responsible for intra-Community contacts in the scope of control of regulations on driving times and the time of staging, mandatory breaks and rest periods of drivers performing road transport.

2. Chief Inspector of Road Transport, Chief of Police Chief, Commander of the Main Border Guard, Head of the National Tax Administration and the Chief Labour Inspector shall keep records of statistical data on the control of driving time and time stop, mandatory interruptions and rest periods of drivers performing road transport, according to the following categories:

1. in the case of roadside checks:

(a) category of road: national, voivodship, district or municipal,

(b) the country in which the controlled vehicle is registered,

(c) type of tachograph: analog or digital;

2. in the case of inspections at the premises of:

(a) category of carriage by road: international or national, carriage of passengers or goods, carriage for own needs or road transport,

(b) the size of rolling stock

(c) type of tachograph: analog or digital.

3. Police Chief Commander, Chief of the Border Guard, Head of the National Tax Administration and the Chief Labour Inspectorate shall communicate to the Chief Inspector of Road Transport in written form, in paper form and in electronic form, the statistical data referred to in paragraph 2, by 31 July of the year following the reference year.

4. The Chief Inspector of Road Transport shall transmit to the European Commission aggregate statistical data obtained, in accordance with the mouth. 3, not later than 30 September following the expiry of the two-year period covered by the report.

Art. 54c. [ The authority carrying out tasks relating to the protection of the rights of passengers using the carriage of goods by road] The Main Inspectorate of Road Transport shall carry out the tasks relating to the protection of the rights of passengers using road transport in the framework of the services referred to in Article. 2. 1 and 2 of Regulation No 181/2011.

Article 55. [ Competence of the inspector] 1. The inspector carrying out the tasks referred to in art. 50, has the right to:

1) entrance to the vehicle;

2) audit of documents;

2a) control of the driver card and the company card;

3) control of installed or in-vehicle measurement equipment or digital tachographs;

(3a) the control used in the vehicle of the device referred to in Article 13i par. 3 of the Act of 21 March 1985. on public roads;

4) controlling the mass, the pressure of the axles and the dimensions of the vehicle using the measuring apparatus;

5) requests from the operator of the road carriage and his staff to be heard in writing or oral explanations, to show the documents and other media of information and to make available any data relating to the subject of the control;

6. access to the premises of the road transport operator, including premises or premises, where he or she operates or holds documents and other media of information required by the provisions referred to in Article 3 (1) of Regulation (EC) No 66/EEC of the European Union. 4 point 22, in the days and hours in which it is or should be carried out.

1a. The inspector shall carry out the control activities referred to in paragraph 1. 1 points 2, 5 and 6, in the presence of the entrepreneur or the person authorised by him.

1b. Audit of the documents referred to in art. In the presence of a moving means of transport, the inspector shall carry out a transport operation.

1c. The provisions of the paragraph. 1 points 5 and 6 and paragraph. 1a shall apply mutatis mutandis to:

1) entities performing road hauling activities, and in particular to:

a) the freight forwarder,

(b) consignor

(c) recipients,

(d) shippers,

(e) tour operator,

(f) the transport organizer,

(g) the public collective transport operator;

2) the entities referred to in art. 16a and art. 33a, during the period of the year from the date of the cessation by those operators of road transport operations.

2. The inspector shall also have the right to use and use:

(1) direct coercive measures;

2) firearms.

Article 56. [ Imposition and collection of fines] 1. The inspector shall have the right to impose and collect fines and fines in the path of criminal mandates:

1) in accordance with the provisions of the Act;

2) for infringements of traffic regulations within the scope set out in the Act of 20 June 1997. -Right of road traffic;

(3) to the extent specified in the Act of 21 March 1985. on public roads;

4) in accordance with the provisions of the Act of 19 August 2011. the transport of dangerous goods;

5) in accordance with the provisions of the Act of 21 August 1997. o the protection of animals;

6) in accordance with the provisions of the Act of 11 May 2001. -Law on measures (Dz. U. of 2016 r. items 884);

7) in accordance with the provisions of the Act of 29 July 2005. a system of digital tachographs.

2. The inspector shall have the right to carry out the investigations in matters of misconduct, the management of the applications for punishment and the participation in the trial before common courts as a public prosecutor and the application of appeals against the provisions and decisions of those courts in cases of misconduct in the field of road transport inspection.

3. The monetary penalties and the fines referred to in paragraph 3. 1 points 1, 2 and 4-7, shall be transferred to the separate bank account of the Main Inspectorate of Road Transport.

Article 57. [ Use of coercive measures] 1. In the cases referred to in art. 11 paragraphs 1-4, 8, 10 and 12-14 of the Act of 24 May 2013. with direct coercive measures and firearms (Dz. U. Entry 628 and 1165, of 2014 items 24 and 1199 and 2016 items 904), the inspector may use the direct coercive measures referred to in art. 12 (1) 1 point 1, point 2 (a), point 7, point 12 (b) a and point 13 of that law, or use these funds.

2. In the cases referred to in art. 45 pt. 1 lit. a and point 2 and in art. 47 point 1, item 2 (a), points 3, 5 and 6 of the Act of 24 May 2013. with direct coercive measures and firearms, the inspector may use or use a firearm.

3. The use and use of means of direct coercion and firearms and the documentation of this use and use shall be carried out on the principles laid down in the Act of 24 May 2013. with direct coercive measures and firearms.

Article 58. (repealed)

Article 59. (repealed)

Article 60. (repealed)

Article 61. (repealed)

Article 62. (repealed)

Article 63. (repealed)

Article 64. (repealed)

Article 65. (repealed)

Article 66. [ Firearms] 1. The inspectors carrying out the tasks referred to in art. 50 of the Act may be equipped with a firearm.

2. The permit for bearer firearms shall issue, at the request of the provincial inspector, in accordance with the procedure laid down in the Act of 21 May 1999. about weapons and ammunition (Dz. U. 2012 r. items 576, of 2013 items 829, of 2014 items 295 and of 2015 items 1505), the local commandant of the Police voivodship.

3. The Provincial Inspector makes the purchase of firearms and ammunition according to the rules specified in the provisions on weapons and ammunition.

4. The Provincial Inspectorate requests the competent local commandant of the Provincial Police to allow the inspector to carry firearms and ammunition on the rules specified in the provisions on weapons and ammunition.

5. The inspectors, after the end of the work, are obliged to do daily sentences of weapons and ammunition to the cabin of the weapons stockpile, located in the nearest Police Unit, where the inspector was carrying out his business task.

Article 67. [ Co-operation with other authorities] 1. The inspection shall cooperate in particular with: the Police, the Internal Security Agency, the Intelligence Agency, the Government Security Office, Military Police, Border Guard, Customs-Treasury Service, State Labour Inspectorate, Trade Inspection, Inspection The environment, veterinary inspection and road operators-for the safety and order of traffic on public roads and for the fight against traffic offences and offences carried out in the field of road transport and/or in connection with this transport, taking into account the characteristics and competences of those bodies and tasks Inspection.

2. In order to carry out the tasks specified in art. 50 Inspection interacts with local government bodies as well as with organisations of road hauliers.

3. In order to carry out the tasks specified in art. 50, Inspection may, by teletransmission of data, benefit from direct access to data collected in the National Court Register. The Minister of Justice and the Chief Inspector of Road Transport will determine, by agreement, the detailed technical conditions of access to this data.

4. In order to perform the tasks in the field of road traffic control referred to in art. 50 point 1, Inspection may conduct searches of information through the National Contact Point, on the basis of the principles set out in Art. 80k-80r of the Act of 20 June 1997. -The law on road traffic.

Article 68. [ Audit] 1. The control in question:

1) in art. 50 pt. 1 lit. a-j and art. 87 subject to:

(a) driving in the field of vehicles and in accordance with the rules laid down in:

-provisions of the Act,

-art. 129a of the Act of 20 June 1997. -Right of road traffic,

-the Act of 21 March 1985. o public roads,

(b) the operator of the road transport operator,

(c) the entities referred to in Article 3 para. 2,

2. in Art. 50 pt. 1 lit. k are subject to

(a) the operator himself, who carries out road transport,

(b) persons who are not employed by the trader but who do carry out road transport in person,

3) in art. 50 pt. 1 lit. j shall be subject to the entities referred to in Article 4. 13k ust. 4 of the Act of 21 March 1985. on public roads, in the scope and on the principles set out in this law

-hereinafter referred to as 'controlled'.

2. The audit referred to in paragraph 2. 1, the vehicles carrying cash values within the meaning of the provisions on the protection of persons and property shall not be subject.

Article 69. [ Execution of control tasks] 1. The inspector shall carry out the control activities, subject to the paragraph. 1a, in a unimpairing and uses a business card and an identification mark.

1a. The inspector may perform without undubbing control activities during the inspection:

1) in the enterprise;

(2) regular services, in so far as it does not require the retention of vehicles on the road beyond the stops;

3) road transport by taxi, unless it requires the stopping of vehicles on the road outside the stop.

2. Commercial unification shall be entitled to the Chief Inspector, the Provincial Inspectorate, their deputies, the inspectors, as well as on the rules laid down by the Chief Inspector, by means of ordinance, the employees of the Main Inspectorate of Road Transport.

3. The Minister responsible for transport shall determine, by way of regulation, the distribution of the distortion referred to in paragraph 1. 2, the standards of unification and the manner of its allocation and the rules and manner of wearing umunduring, as well as determine the criteria for the allocation of the umunduation, the conditions for its use, bearing in mind the period of use of the umunduring.

3a. The Minister responsible for transport, in agreement with the Minister responsible for public finance, having regard to the scope of the tasks and the manner in which they are implemented by the persons referred to in paragraph 1. 2, it shall determine, by means of a regulation:

1) the amount and conditions for granting the cash equivalent in exchange for the umunification;

2) the elements of the umunduation which form the basis for determining the equivalent height;

(3) the granting mode, the cases of refusal and the time limits for the payment of the equivalent;

4) the amount, the conditions for granting and the time limits for payment of the lump sum for chemical cleaning of the umunduring.

(4) The Minister responsible for transport shall determine, by means of a regulation, a model of the identity of the inspector and a detailed procedure for dealing with it. The following personal data shall be entered in the service card: first name, surname, position. The Regulation shall determine how the identity of the identity card is to be issued and the cases in which it is subject to exchange and return, as well as the manner in which it is to be used and stored

(5) The Minister responsible for transport shall determine, by means of a regulation, the model of the identification badge of the inspector and the marking of the service vehicle and the detailed manner of the handling of the vehicle. That Regulation shall in particular determine the use and storage of badges.

6. The employees referred to in art. 76a (a) 1, at the time of duty, use the service card and the badge of identification. The following data shall be entered in the service card: first and last name and position or name of the organizational cell of the Main Inspectorate of Road Transport, in which the employee is employed.

7. The Chief Inspector shall determine, by way of ordinance, the model of the identity card and the badges referred to in paragraph. 6, and the manner in which they are issued, the cases in which they are subject to exchange and return, and the manner in which they are to be used and stored.

Article 70. [ Obligations of the inspector in carrying out checks] (1) The inspection shall be carried out by the inspector upon presentation of the service card and the service of the authorization to carry out the checks.

(1a) The control measures of the movement of the means of transport shall be carried out by the inspector upon presentation to the head of the service card.

1b. The authorisation referred to in paragraph 1. 1, shall contain at least:

1) an indication of the legal basis;

2. designation of the control authority;

(3) the date and place of issue;

4) the name and surname of the inspector authorized to carry out the inspection and the number of his official ID card;

5) the company of the entrepreneur under control;

6. determination of the scope of the control concerned;

7) indication of the start date and the expected date of completion of the inspection;

(8) the signature of the person granting the authorisation;

9) lecture on the rights and obligations of the controlled entrepreneur.

2. (repealed)

3. The inspector has an obligation to familiarise the controlled with his rights and obligations arising from the Act.

4. The inspector shall carry out the inspection activities in the presence of the controlled or the person authorized by him, and in the case referred to in the paragraph. 1a, in the presence of the driver.

Article 71. [ Stop the vehicle for inspection] The detention of the vehicle for inspection may be carried out only by an undued inspector.

Article 72. [ Controlled duties] It shall be possible for the inspector to carry out the inspection activities and, in particular, to:

1) provide oral or written explanations, show documents or other media of information and make available data related to the subject of control;

(2) make the vehicle available and, where justified by the checks carried out by the vehicle on the road, the premises, the premises of the operator and any premises in which the trader carries out an economic activity or holds Company property;

3) allow the drawing up of copies of the documents indicated by the inspection;

4) allow the drawing up of the film or photographic documentation, if it can constitute evidence or contribute to the fixation of the evidence in the subject being checked;

5) to enable the transmission, for the acknowledgement of receipt, of the original recording of the device of the automatic recording of the speed of driving, driving and parking times or driver cards, and collected by a controlled body of printouts from the digital tachograph and the card drivers whose control will be carried out at the headquarters of the inspection body.

Article 73. [ The powers of the inspector in the course of the inspection] 1. In the course of the inspection, the inspector may:

1) legitimacy of drivers and other persons to establish identity, if this is necessary for the needs of control;

2) examine the documents and other media of the information covered by the control;

3) make a visual inspection and secure the evidence collected;

3a) stop the driver card in the cases referred to 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), or company card;

4) interview witnesses and consult experts;

(5) interrogating the controlled as a party, if, after exhaustion of the means of evidence or because of their absence, there are unexplained facts that are relevant to the findings of the inspection.

(1a) Where, during the course of a roadside inspection, breaches of the duties or conditions of carriage of the road are found, the hearing of a witness in the course of that inspection may be carried out without the participation of the party or the person designated by that party.

2. In the case of an unjustified failure to conduct a controlled, witness or expert on the call of the inspector, the provisions of the Code of Administrative Procedure shall apply.

Article 74. [ Audit Log] (1) The inspector shall draw up a control protocol from the inspection activities carried out.

2. The protocol shall be signed by the inspector and checked. The refusal to sign the protocol by the controlled inspection shall record in the audit log and give its reasons.

3. The original of the control protocol shall stop the inspection and the copy shall be served on the controlled driver, the operator or the operator of the road carriage.

4. The control protocol can be subject to reservations.

Article 75. [ Audit results] The results of the checks shall be used to formulate the conclusions of the initiation of the proceedings:

1) the administrative to withdraw the entrepreneurial rights of the entrepreneur, specified by the provisions of the Act

2) criminal or karno-treasury;

3) in cases of misconduct;

4) by the bodies of the State Labour Inspectorate;

5) provided for in international agreements in relation to foreign entrepreneurs.

Article 76. [ Employment in the position of the inspector] 1. The inspector may be a person who:

1) holds Polish citizenship;

2) have an impectable opinion and have not been punished for the intentional offense;

3) legitimises itself with a certificate of maturity after a demersal of the matrimonial exam;

4) has a driving licence of at least category B;

5) has completed 25 years and has the required health status;

6) submitted with the result of a positive qualification examination.

2. The employment of the Inspectorate's employee at the position of the inspector shall be preceded by the practice in the course of the specialist course completed with the qualification examination, subject to art. 76a (a) 3.

2a. Employment of the Inspectorate's staff member shall be carried out in the framework of the traffic surveillance service, the road toll control service or the road transport control service.

2b. The Chief Inspector of the Road Transport may invoke other than those mentioned in the paragraph. The types of services shall be defined by their organisation, their scope and their territorial jurisdiction.

2c. Employment in one of the services referred to in paragraph 1. 2a shall not preclude the inspector from carrying out the inspection activities assigned to the tasks of the other inspecting services.

3. The inspector shall be subject at least once a year to the training organised by the Chief Inspector in order to raise the level of expertise.

4. The Minister responsible for transport shall determine, by means of a regulation:

(1) framework programmes of specialised courses for particular types of services and supplementary courses, taking into account the knowledge required to carry out the tasks of the inspector within the type of service concerned, including the minimum number of hours of classes to be carried out on the individual courses, as well as the evaluation criteria and methods of conducting the qualification examinations and the model certificate for the qualification examination, with the result of a positive result;

2) conditions and mode of conducting medical and psychological examinations in order to determine the existence or absence of health contraindications to carry out the task of the inspector.

Article 76a. [ Control powers of the Inspectors of Road Transport Inspection] 1. The powers of the Provincial Inspectors, as defined by the Act, in art. 129a of the Act of 20 June 1997. -The Law on Road Traffic and in the Act of 21 March 1985. Public roads are also entitled to employees of the Main Inspectorate of Road Transport when the conditions referred to in art are met. 76 (1) 1.

2. At the time of the performance of the tasks referred to in art. 50, to the employees of the Main Inspectorate of Road Transport, referred to in paragraph. 1, the provisions of Article 1 shall apply. 55 par. 1-1b and paragraph Article 2 (1), point 1, 56, art. 57 (1) 1 and 3, art. 69 par. 1-3a, art. 70-74, art. 89 par. 1 and Art. 93 (1) 1.

3. The decision to refer the employee of the Main Inspectorate of Road Transport for the qualification exam referred to in art. 76 (1) 1 point 6, takes the Chief Inspector of the Road Transport. In such a case, the qualification referred to in Article shall be referred to the qualification test referred to in Article 4. 76 (1) 1 point 6, does not require a professional course employee and practice in this course.

Article 77. [ Provisions concerning the staff of the Inspection] 1. The provisions of the Act of 21 November 2008 shall apply to the staff of the Inspectorate employed in the positions of officials, including inspectors. o Civil service (Dz. U. of 2016 r. items 1345, 1605 and 1807), subject to the paragraph. 2.

2. The provisions of Article 1 shall not apply to the staff of the Inspectors employed in the posts of inspectors. 4 of the law referred to in paragraph 1. 1.

3. To workers other than those mentioned in the mouth. 1 shall apply the provisions of the Act of 16 September 1982. about employees of government offices (Dz. U. of 2016 r. items 1511).

Article 78. [ Monthly inspection allowance] Inspectors carrying out the control activities shall have a monthly allowance for remuneration of up to 100% of the remuneration.

Article 79. [ Protection provided for public officers] 1. Inspectors during and in connection with the exercise of official duties shall enjoy the protection provided in the Code of Criminal for Public Officials.

2. Inspectors during and in connection with the duties of official duties shall have the right:

1) request the necessary assistance from state institutions and bodies of government and local government authorities, which in the field of their activity are obliged to grant the requested assistance free of charge within the limits of the applicable laws;

2) address entrepreneurs, organizational units and social organizations, and in emergencies also to any person, to provide the necessary assistance within the limits of the applicable laws.

3. The provisions of the paragraph. 1 and 2 shall apply mutatis mutandis to the staff of the Main Inspectorate of Road Transport, referred to in art. 76a (a) 1.

Article 80. [ The Central Register of Infringements Found as a result of the checks carried out] 1. A central record of the infringements found as a result of the checks carried out, hereinafter referred to as "the records" shall be established.

2. In the records shall be collected according to the type, object and scope of the inspection carried out in particular:

1. information and data on control and control, including:

(a) place of inspection

(b) road category,

(c) the date and time of the inspection,

(d) the documents checked,

(e) first name, surname, position and assignment of the inspection service,

(f) the infringements found and the penalties imposed,

(g) comments and recommendations for inspection,

(h) the control protocol number;

2. information and data on controlled, including the following:

(a) the trader's business or the name of the operator of the transport or transport operator,

(b) the establishment of the trader or the address of the operator of the transport or transport operator,

(c) tax identification number (NIP),

(d) REGON number,

(e) the rolling stock at the legal disposal of the controlled;

(f) the nature and extent of the operating entitlement,

(g) the authorization number and the name of the authority which issued the rating,

(h) the name and date of birth of the driver or transport manager,

(i) nationality and address of the driver or transport manager,

(j) the registration number of the driver's PESEL or transport manager;

3. information and data on the vehicle and the trailer, including the following:

(a) the owner and user of the vehicle,

(b) vehicle type,

(c) the brand, type and registration number of the vehicle,

(d) the mass of its own, the permissible load capacity and the permissible laden mass of the vehicle,

e) the number of seats;

4) information and cargo data, including specifying:

(a) the loading of data,

(b) the place of origin and destination,

(c) type of carriage

2a. (repealed)

2b. The records shall also collect information and data on any serious infringements of Community rules on road transport which have been committed by carriers established in the territory of the Republic of Poland or for which the carriers established in the territory of the Republic of Poland, which have led to the imposition of a penalty by any Member State, or have led to the temporary or permanent withdrawal of the Community licence or a copy of it certified as a match with the original. Records of the temporary or permanent withdrawal of the Community licence shall remain in the records for a period of at least two years from the date of expiry of the period of withdrawal in the case of temporary withdrawal, or from the date of withdrawal in the event of withdrawal permanent.

2c. For the purposes specified in the paragraph. 3c, art. 54 para. 2 points 1, 8 and 10, and paragraph 4 and art. 54b ust. 4 of the records shall also collect information and data on the checks carried out which have not been identified as a result of any infringement.

3. The Ewidence leads in the IT system of the Chief Inspector, who is the administrator of the data and information collected in the records.

3a. The Chief Inspector shall keep records in such a way as to protect the data collected in the Inspector General, in particular against theft, destruction, damage, loss, unauthorised reproduction, modification, processing or disposal, and also in such a way as to ensure that access to the records is automatically recorded, as well as the steps involved in the entry, modification and deletion of the data.

3b. Access to the records shall only be entitled to persons authorised, including in particular the employees of the Road Transport Inspection, to the extent and scope resulting from the duties exercised by those persons in connection with the implementation of the statutory tasks Inspection.

The General Inspector shall make available to other public authorities, local government units, courts and public prosecutors and to the institutions of international organisations, at the request of other public authorities, to the extent that such authorities and bodies are concerned. institutions shall be entitled to request data on the basis of separate provisions.

4. The Chief Inspector shall make available to the authorities concerned with the authority to issue licences, authorisations for the operation of special regular services, certificates for the carriage of road hauls for his own needs, public service attestator's certificates collective transport or confirmations of the transport declaration referred to in the provisions of the Act of 16 December 2010. on public collective transport, the data and information referred to in paragraph 1. 2, concerning the infringements carried out in the jurisdiction of those authorities or of the infringements carried out by the carriers to which they have issued the documents.

Article 81. [ Parties to the records of data and information] The data and information shall be sent to the records:

1) voivodship inspector;

2) Chief of the Main Border Guard, Head of the National Tax Administration, Chief Labour Inspectorate, competent local commandant of the Police voivodship, road manager.

Article 82. [ Data Administrator] The data controller processing personal data for the purposes of the records shall be exempt from the information obligation laid down in the Article. 25 par. 1 of the Act of 29 August 1997. on the protection of personal data (Dz. U. of 2016 r. items 992).

Chapter 9a

Protection of passengers ' rights

Article 82a. [ Application of Chapter 9a] The provisions of the Chapter shall apply to passengers using road transport in the framework of the services referred to in Article 4. 2. 1 and 2 of Regulation No 181/2011.

Article 82b. [ Competent Authority for Complaint Handling] 1. Where a passenger has been notified by the road haulier having regard to the complaint lodged with him pursuant to Article 4 of the Regulation, 27 of Regulation No 181/2011 or no reply to such a complaint within the time limit laid down in Article 27 of Regulation No 181/2011 27 of that Regulation, may lodge a complaint against the road transport operator in respect of the infringement of Regulation No 181/2011.

2. The authority competent to consider the complaint shall be:

1) in regular transport in national road transport-the organizer of public collective transport within the meaning of art. 7 ust. 1 of the Act of 16 December 2010. public transport by collective transport;

(2) for scheduled transport in international road transport, the competent authority for the authorisation of the regular carriage of passengers in international road transport referred to in Article 3 (1) of Regulation (EC) No matter. 18 (1) 1 point 2 (a)

3) in the regular transport of road transport carried out in the cross-border zone within the meaning of the Act of 16 December 2010. public transport by collective transport-the organizer of public collective transport within the meaning of the art. 7 ust. 1 of this Act.

3. Where the transport referred to in paragraph 1 2 points 1 and 3, shall be carried out in the form of a self-government budget establishment, the competent authority for the examination of the complaint shall be of the water-water.

4. The passenger shall include a copy of the complaint addressed to the road transport operator, a copy of the reply to the complaint or a statement that the reply was not granted within the time limit specified in Art. 27 of Regulation No 181/2011, and in addition:

1) a copy of the ticket or confirmed reservation for a given route,

2) other documents confirming the infringement of the provisions of Regulation No 181/2011

-as long as it has them.

Art. 82c. [ Documents attached to the complaint] 1. Passenger may bring a complaint against improper performance of obligations arising from Regulation No 181/2011 by the managing body of the railway station referred to in art. 3 lithium of this Regulation.

2. The entity managing the courier referred to in art. 3 lithium Regulation No. 181/2011, is the owner of the station, and in the case when the owner of the station is a company with the participation of the State Treasury-the entity entrusted with the administration of the station.

3. The competent authority for the examination of the complaint referred to in paragraph 1. 1, is the marshal of the voivodship in the area of which is located the station designated for the granting of aid, and in the case when the railway station is owned by the self-government of the voivodship-wojewoda.

4. The passenger complaint shall be accompanied by:

1) a copy of the ticket or confirmed reservation for a given route,

2) documents confirming improper performance of obligations under the provisions of Regulation No 181/2011 by the managing body of the railway station referred to in art. 3 lithium of which Regulation

-as long as it has them.

Art. 82d. [ Form of filed complaint] 1. The complaints referred to in art. 82b and art. 82c, is made in a written form, in paper form or in electronic form by means of electronic communication within the meaning of the Act of 17 February 2005. o computerisation of the activities of public entities.

2. Where the complaint is made in electronic form, the annexes referred to in Article 82b ust. 4 and art. 82c ust. 4, also consists in electronic form.

Art. 82e. [ Statements concerning infringement by administrative decision] In the case of a complaint against a road transport operator or a manager of the court referred to in Article 3 lithium of Regulation (EC) No 181/2011, the authority responsible for its examination referred to in Article 4 of Regulation No 181/2011 82b ust. 2 and 3 and Article 3 82c ust. 3, by way of an administrative decision, states:

1) failure to violate the provisions of Regulation No 181/2011 or

2) a violation of the provisions of Regulation No 181/2011, specifying its scope.

Art. 82f. [ The authority competent to check the compliance of the business with the provisions of Regulation No 181/2011] 1. The authority competent to check the compliance of the activities carried out with the provisions of Regulation No 181/2011 is the authority competent to consider the complaint referred to in the art. 82b ust. 2 and 3 and Article 3 82c ust. 3.

2. The control referred to in paragraph 2. 1, the provisions of art. 85 shall apply.

Chapter 9b

National Electronic Register Of Road Transport Operators

Art. 82g. [ National Electronic Register Of Road Transport Operators] 1. The National Electronic Register of Road Transport Entrepreneurs Shall Be Established, hereinafter referred to as the 'Register'.

2. The register is carried out in the ICT system by the Chief Inspectorate of Road Transport.

3. The Chief Inspector of Road Transport is the administrator of personal data collected in the Register within the meaning of the provisions of the Act of 29 August 1997. on the protection of personal data.

4. The register shall contain the records of:

1) entrepreneurs who hold a permit to pursue the occupation of road transport operator;

2) serious infringements referred to in art. 6 para. 1 litas b of Regulation (EC) No 1071/2009;

3) persons who have been declared incapable of directing the transport operations of the entrepreneur until the restoration of good repute, in accordance with art. 6 para. (Article 3 of Regulation (EC) No 1071/2009.

Art. 82h. [ Information collected in the records of entrepreneurs authorised to pursue the occupation of road transport operator] 1. In the records of the entrepreneurs who are authorized to pursue the occupation of the road transport operator, the data shall be collected specifying:

1) the company of the entrepreneur and the indication of his address and the place of residence of the entrepreneur

2) the REGON identification number of the entrepreneur and the tax identification number (NIP), if any;

3) the nature of the permit to pursue the occupation of road transport operator and the serial numbers of the discharges from the permit for the pursuit of the occupation of road transport operator;

4) the number of vehicles covered by the permit to practise the occupation of road transport operator;

5. the serial number of the Community licence and the serial numbers of the discharges from the Community licence;

6. the status of the permit for the occupation of road transport operator;

7. the beginning of the Community licence;

8. the end of the Community licence;

9. the date of withdrawal of the Community licence;

10) the date of suspension of the Community licence;

11. the expiry date of the suspension of the Community licence

12. the reason for suspending or revoking the Community licence;

(13) the serial numbers of the withdrawn write-off from the Community licence;

(14) the date on which the withdrawal from the Community licence is withdrawn;

(15) the date on which the withdrawal of the discharge from the Community licence expires;

16) the name of the legal representative of the entrepreneur and the date and place of his birth;

(17) the name of the person managing the transport, and:

(a) date and place of birth,

(b) residential address,

(c) the number of the certificate of professional competence,

(d) the date of issue of the certificate of

(e) country of issuing a certificate of professional competence

18) the name of the natural person referred to in art. 7c, and:

(a) date and place of birth,

(b) residential address,

(c) the number of the certificate of professional competence,

(d) the date of issue of the certificate of

(e) country of issue of professional competence certificate.

2. In the records of serious infringements, the data shall be collected specifying:

1) the company of the entrepreneur and the indication of his address and the place of residence of the entrepreneur

(2) the name of the person managing the transport, and:

(a) date and place of birth,

(b) residential address,

(c) the number of the certificate of professional competence,

(d) the date of issue of the certificate of

(e) country of issuing a certificate of professional competence

3) the name of the natural person referred to in art. 7c, and:

(a) date and place of birth,

(b) residential address,

(c) the number of the certificate of professional competence,

(d) the date of issue of the certificate of

(e) country of issuing a certificate of professional competence

4) the number, category and type of serious infringements referred to in art. 6 para. 1 litas b of Regulation (EC) No 1071/2009, which led to the conviction or imposition of sanctions in the last two years;

5) the date of the infringement;

6) the date of the inspection, during which the infringement was found;

(7) the Member State in which the infringement was found;

(8) the reason why the loss of good repute would be a disproportionate response to the serious infringements referred to in Article 3 (1) of the EC Regulation. 6 para. 1 litas b of Regulation (EC) No 1071/2009.

3. In the records of persons who have been declared incapable of directing the transport operations of the entrepreneur, the data shall be collected specifying:

1) the name of the person deemed incapable of directing the transport operations until the time of the restoration of the good reputation of the person and the date and place of birth of the person, the address of residence;

2) the number of the certificate of professional competence;

3) the date of issuing the certificate of professional competence;

4) the country of issuing a certificate of professional competence;

5) the reason for the finding of incapacity;

6) rehabilitation measures applied;

7) the beginning of validity of the statement of incapacity

8) the end of validity of the declaration of incapacity

4. The Registers shall record changes to the data collected in the records referred to in paragraph 1. 1-3.

5. The Chief Inspector of Road Transport shall perform the tasks of the contact point referred to in art. (Article 18 of Regulation (EC) No 1071/2009.

Art. 82i. [ Transferring data to the Registry] 1. The data referred to in art. 82h, they shall send to the records for the data referred to in:

1. 82h ust. 1-in accordance with their respective competences: the authorities referred to in Article 3. 7 ust. 2 and paragraph Article 4 (1), as soon as the decision on the issue, amendment, suspension or revocation of a permit to pursue the occupation of road transport operator or Community licence has become final;

2. Article 82h ust. 2-according to their respective competences: provincial road transport inspectors, voivodship commanders of the Police, Chief of the Main Border Guard, directors of customs chambers, Chief Labour Inspector and road manager, when the decision to impose the sentence for the infringement has become enforceable, or when the penalty or penalty has been passed on;

3. Article 82h ust. 3-in accordance with its competence, the body referred to in Article 3. 16b par. 1 where the decision to determine the inability of the managing authority to manage the transport operations has become final.

2. The transfer of the data to the Registry is carried out via the electronic transmission box of the Main Inspectorate of Road Transport or by means of electronic communication operated by the Register's teleinformatics system.

3. In the case of the transfer of data via the electronic delivery box of the Chief Inspector of Road Transport, the data should be signed by using a qualified electronic signature or a signature confirmed with the profile a trusted ePUAP within the meaning of art. 3 point 15 of the Act of 17 February 2005. information on the activities of entities carrying out public tasks (Dz. U. of 2014 items 1114 and 2016 items 352 and 1579).

4. The data shall be transmitted to the Registry using electronic forms made available on the website of the Main Inspectorate of Road Transport or by means of an electronic platform of public administration services within the meaning of art. 3 point 13 of the Act of 17 February 2005. o computerisation of the activities of entities carrying out public tasks, hereinafter referred to as the 'electronic platform for public administration services'.

5. The Chief Inspector of Road Transport will determine the models of electronic forms referred to in the paragraph. 4.

Art. 82j. [ Providing data in the Registry] 1. The data referred to in art. 82h ust. 1, with the exception of point 17 (d) a and b and point 18 (b) a and b, are explicit and publicly available.

2. The register shall make available, free of charge, in publicly available information networks, up-to-date information on the entities entered in the Register in the field of public and publicly available data, referred to in paragraph. 1.

3. The data referred to in art. 82h ust. 2 and 3, they are made available at the request of: starostom, provincial road transport inspectors, provincial police commanders, Commander of the Main Border Guard, commanders of the Border Guard units, directors of customs chambers, the Chief Inspector The work, the road managers, the courts and the Head of the Internal Security Agency, in so far as this is necessary for the performance of the tasks imposed on those authorities, as defined by the Act. The data shall be made available immediately within 30 working days of the receipt of the request.

4. The data collected in the Registry shall also be made available at the request of the person to whom they relate.

5. In the case referred to in paragraph. 3, the provision of data from the Registry shall be carried out by electronic means of communication operated by the Register's ICT system.

6. The application referred to in paragraph 1. 3, folded via the electronic mailbox of the Chief Inspectorate of Road Transport should be signed by using a qualified electronic signature or a signature confirmed with a trusted ePUAP profile within the meaning of art. 3 point 15 of the Act of 17 February 2005. o computerisation of the activities of public entities.

7. The Chief Inspector of Road Transport will determine the model of the electronic application form referred to in the paragraph. 3, which shall be made available on the website of the Main Inspectorate of Road Transport and through the electronic platform of public administration services.

8. The Chief Inspector of Road Transport may conclude with the entities referred to in the paragraph. 3, an agreement to make available to them the data collected in the Registry by means of teletransmission without the need to submit an application if those entities fulfil the following conditions together:

1. have technical and organisational measures to make it possible to record in the ICT system of the Registry, who, when, for what purpose and what data he has obtained;

(2) the specificity or extent of the tasks performed by them justifies making such provision.

9. In the agreement referred to in paragraph 1. 8, technical and organisational arrangements to ensure security shall be identified, in particular as regards confidentiality and accountability in relation to the data provided.

Chapter 10

Supervision and control

Article 83. [ Obligations of road transport operator] 1. The body which granted the authorisation to pursue the occupation of road transport operator, licence or authorisation may impose on the road haulier the obligation to present within a marked time limit the information and documents confirming that it meets the statutory requirements and conditions laid down in the permit to practise the occupation of road transport operator, in a licence or an authorisation.

2. At the request of the minister competent for the transport or the competent authority in matters of permits for the pursuit of the occupation of road transport operator, the licence or the authorisation of the road haulier is obliged to provide information related to the activity the transport of the prices and fares used and the number of persons carried or by weight of transported goods.

3. The bodies referred to in art. 7 ust. 2 and paragraph 4 points 2 and 3, art. 18 (1) 1 and 2 and Art. 33 (1) 8, they shall present to the Minister responsible for transport at least twice a year, by 15 January and by 15 July, with information on the number and scope of authorisations granted for the pursuit of the occupation of the carrier. by road, licences, permits and certificates issued for road haulage services for the purpose of their own and the number of discharges from those documents, as well as the number of brokering licences for the carriage of goods.

4. Paragraph Recipe 3 shall apply mutatis mutandis to the unit entitled to the examination to the extent required to obtain a certificate of professional competence.

5. The Minister responsible for transport shall determine, by means of a regulation, the scope of the data and the information referred to in paragraph 1. 1 and paragraph 2, the manner and time limits for their presentation, with a view to monitoring the road haulage market.

Article 84. [ Scrutiny of an entrepreneur to meet the requirements underlying the issue of licences and permits] 1. The bodies granting authorisation to pursue the occupation of road transport operator, the licence, the permit or the issuing of an operating certificate for own needs shall be entitled to control the entrepreneur in terms of meeting the requirements of the the basis for the issuance of these documents.

2. The control referred to in paragraph 2. 1, shall be carried out at least once every 5 years.

3. (repealed)

4. The bodies granting licences or authorisations in the field of national road transport of persons shall be entitled in the area of their local characteristics and during the execution of the carriage to check the correctness of the charges for the carriage of persons and the observance of rules on local law by road transport in this area.

5. In the case of carrying out the checks referred to in paragraph 1. 4, the activities referred to in art. 85 (1) 1, shall be carried out upon completion of the inspection. Article Article 85 (1) 3 does not apply.

Article 85. [ Control Actions] 1. The control of the entrepreneur shall be carried out on presentation of the service card and the service of the authorization to carry out the inspection.

2. The persons authorised to carry out the checks shall have the right to:

1) requests from the trader and his employees in writing or oral explanations, presentation of documents and other information media, and the provision of any data relating to the subject of control;

2. access to the premises of the entrepreneur, including the premises, where he conducts business activity, in the days and hours in which the activity is or should be carried out, and the introduction to the vehicles used by the entrepreneur.

3. Control activities shall be carried out in the presence of the entrepreneur or the person designated by him.

4. The authorisation referred to in paragraph 4. 1, shall contain at least:

1) an indication of the legal basis;

2. designation of the control authority;

(3) the date and place of issue;

4) the name and surname of the inspector authorized to carry out the inspection and the number of his official ID card;

5) the company of the entrepreneur under control;

6. determination of the scope of the control concerned;

7) indication of the start date and the expected date of completion of the inspection;

(8) the signature of the person granting the authorisation;

9) lecture on the rights and obligations of the controlled.

Article 86. [ Entruning the control tasks] 1. The authority granting authorisation to pursue the occupation of road transport operator, licence or authorisation may entrust, by agreement, the control activities to the public administration authority.

2. Oversight supervision:

1) permits for the pursuit of the occupation of road transport operator by the body referred to in art. 7 ust. 2 point 1,

2) licences and permits-in national road transport,

3) national non-profit-making attestative

-holds the provincial road transport inspector.

3. The Council of Ministers, guided by the principle of effectiveness of supervision, referred to in paragraph. 2, it shall determine, by means of a regulation, the detailed conditions and the manner in which the operations relating to the surveillance and the documents used are carried out and the models used.

Article 87. [ Obligation to hold documents required for road transport] 1. When carrying out the carriage of a road driver of a car vehicle, subject to the paragraph. 4, it shall carry on and show, at the request of the approved control body, the driver card, the record sheets, the handwritten records and the printouts from the tachograph and the certificate referred to in Article 3. 31 of the Act of 16 April 2004. about the time of drivers ' work, and in addition:

1) by carrying out a road transport-extract from the permit for the pursuit of the occupation of road transport operator or a copy of the licence;

2. by carrying out the carriage of passengers by road:

(a) for the purpose of carrying out the carriage of a regular special and international scheduled transport, an appropriate authorisation or extract from the licence together with the current timetable and the driving form, if required,

(b) when carrying out international shuttle or occasional services, the relevant authorisation or driving form,

(c) in the performance of international carriage for own needs, the driving form,

(d) the original or a certified true copy of the decision referred to in Article (d) by the trader. 20a par. 2, if it has been issued,

(e) in the performance of an international carriage by road, consisting of occasional carriage of passengers by bus registered in the territory of a Member State of the European Union other than the territory of the country, by a taxable person established the economic activity or the fixed establishment from which it provides those services and, in the absence of such a place of business or a fixed establishment holding a permanent business activity, residence or normal place of residence in the territory of the State a Member of the European Union other than the territory of the country-a confirmation or a copy of the confirmation of registration as an active VAT taxable person or a printout of the identification of the identity as a VAT taxpayer-occasional services,

(f) documents required for public collective transport,

(g) in the performance of the occasional services referred to in Article 18 in the mouth. 4b in point 2, a copy of the contract for the carriage carried out;

(3) by carrying out the carriage of goods by road, documents relating to the cargo carried, and:

(a) the relevant authorisation required for international road transport,

(b) (repealed)

(c) the certificate required in accordance with the Agreement on International Carriage of Rapidly Burning Foodstuffs and of the special means of transport intended for those transport (ATP) operations, drawn up in Geneva on 1 September 1970. (Dz. U. 1984 r. items 254),

(d) vehicle clearance, with or without cargo, by weight, axle loads or dimensions exceeding the size specified in separate provisions,

(e) the documents required for the transport of animals,

(f) the documents required for the transport of waste, including in respect of the waste transporting the waste issued by the competent authority, confirmation of holding the registration number referred to in the Act of 14 December 2012. of waste (Dz. U. of 2013 r. items 21, with late. zm.), if an entry in the register is required,

(g) a certificate confirming that the vehicle has complied with the relevant safety requirements or conditions of entry into service, if required,

(h) documents relating to transboundary movements of genetically modified organisms;

4) in international road transport-the driver's certificate, if required;

5) the device referred to in art. 13i par. 3 of the Act of 21 March 1985. on public roads, if required.

1a. (repealed)

1b. During a journey carried out in the course of road transport by a foreign carrier, the driver of a motor vehicle shall, in addition, be required to carry out, at the request of the authorized body of control, proof of payment of the fee which he or she Article 43 par. 1, if required.

2. During the carriage of goods by road for own controlled purposes, it shall be obliged to carry out and to show, at the request of the authorized inspection body, in addition to the relevant documents required for the transport referred to in paragraph 1. 1, extract of the certificate referred to in art. 33 (1) 10.

3. Entrepreneur or entity referred to in art. 3 para. 2. carrying out the transport for own needs, shall be responsible for the equipment of the driver performing the road transport or the carriage for his own needs in the required documents.

4. A taxi driver is obliged to have a taxi driver during the journey performed in the course of road transport and to present a licence.

5. The operator of road hares or the carriage referred to in Article 3 para. 2, shall keep for a period of one year from the date of receipt, the documents and protocols communicated to him by the control authorities on the results of the checks carried out on his premises or during the roadside check in respect of the driving time and the time of stationary, Mandatory breaks and rest periods of drivers performing a carriage on his behalf.

Article 88. [ Separate provisions] The provisions of Article 4 87 shall not be affected by the rights and obligations of drivers and road transport operators arising from separate laws or international agreements.

Article 89. [ Authorities authorised to audit documents] 1. For the audit of the documents referred to in art. 87, and the conditions laid down therein, subject to paragraph 1. 2, the following shall be entitled:

1. Police officers;

2) Inspectors of Road Transport Inspection;

3) officers of the Customs-Treasury Service;

4) officers of the Border Guard;

5) authorized employees of public road managers-excluding the documents referred to in art. 87 (1) 1 point 1 and point 2 (a) a and the mouth. 4;

6) inspectors of the State Labour Inspectorate-with regard to the records of the recording equipment the self-driving speed and the time of driving and parking;

7) authorized employees of the competent authority referred to in art. 18 (1) 1-with regard to the carriage of regular special and international regular services;

8) the guards of the municipal guards-with regard to public collective transport within the scope set out by the Act of 16 December 2010. public transport by collective transport.

2. The eligible employees referred to in paragraph 2 shall be subject to the provisions of this Article. Points 5 and 7 shall not be entitled to control the recording of the recording equipment on a self-driving speed, driving time and standstill times, mandatory breaks and rest periods and the attestative referred to in Article 1. 31 of the Act of 16 April 2004. about the working time of drivers.

(3) Road checks shall be carried out at the appropriate place and time so as to make it more difficult for drivers to circumvent the points of inspection and without discrimination on the grounds of:

1) country of registration of the vehicle;

2. country of residence of the driver;

(3) the country of establishment;

4) the initial and destination travel point;

5) type of tachograph: analog or digital.

4. Authorised persons to control the records of the recording equipment of the self-driving speed, driving time and standstill time, mandatory breaks and rest time are provided in:

1) a list of the basic elements to be checked on the road and on the premises of the operator carrying out the road transport;

2) standard equipment.

5. The Minister responsible for transport shall, in agreement with the Minister responsible for internal affairs and the Minister responsible for public finance, determine, by means of a regulation:

1) (repealed)

2) models of documents used by persons entitled to this control,

3) way of carrying out checks in respect of compliance with the rules on driving periods, mandatory breaks and the time of driver's rest, during roadside checks and inspections in the company, and the required standard the equipment of the persons carrying out this check and a list of the essential elements to which it is subject,

4) the type of statistical data collected as a result of the checks and recorded by the control bodies, and the mode, manner and model documents for their transfer to the Main Inspector of Road Transport,

5) a system of risk assessment of road transport operators in the presence of infringements relating to driving times, mandatory breaks and rest periods of drivers

-having regard to the provisions of the European Union, the development and guidance of the European Commission, the relative number and gravity of infringements of the provisions of Council Regulation (EEC) No 3821/85 of 20 December 1985 (OJ L 86, 12.12.1985, p. on recording equipment in road transport and Regulation (EC) No 561/2006 and the need to ensure the efficiency and effectiveness of road hauling controls.

Art. 89a. [ Conditions and Control Mode] 1. The inspectors of the State Labour Inspectorate shall carry out inspections in the field of carriage by road under the conditions and in the mode stipulated by the regulations on the State Labour Inspectorate.

2. Inspectors of Road Transport Inspection Inspectorate shall carry out checks on the conditions and in the mode specified in the Act.

3. Police officers, the Customs and Tax Service and the Border Guard, and authorized personnel of road managers shall carry out checks on the conditions and in the manner prescribed by the regulations on traffic control.

4. The authorized employees of the authority issuing the permit for regular or regular services shall check the documents on the conditions and in the mode specified in the Act.

Article 89a 1 . [ Proceedings on the performance of an international carriage of goods by road without a required permit] (1) If, as a result of the checks carried out, an international carriage of goods by road has been carried out without the required authorisation referred to in Article 1, 28 para. 1, the authority authorised to control:

1. Stops and annuls the permit for the international carriage of goods by road-in the situation referred to in art. 28a (a) 2;

2) directs or removes a car vehicle, at the expense of the performing entity, to the nearest guarded parking lot.

2. In connection with the disposal of a motor vehicle, the provisions of the law on road traffic shall apply mutatis mutandis.

3. The return of the car vehicle from the parking lot shall follow the presentation of the body referred to in paragraph. 1, duly completed by the required permit for the performance of international carriage of goods by road, subject to art. 95.

Article 89b. [ Start of audit] 1. Commencon of the control by the righold referred to in art. 89a ust. 3 and 4, following the presentation of the service card, and the service of the authorization to carry out the checks, with the exception of the Police officers.

2. The controversial shall have an obligation to familiarise the controlled with its rights and obligations under the Act.

3. The controversial shall carry out the control activities in the presence of the controlled person or the person authorized by him.

Article 89c. [ Application of the provisions of the Act on the freedom of economic activity] The provisions of Chapter 5 of the Act of 2 July 2004 apply to the control of the entrepreneur's business activities. about the freedom of economic activity.

Article 90. [ Statement of misconduct] As a result of the inspection carried out by the authority granting the authorisation to pursue the occupation of road transport operator, licence or authorisation, which established that the operator does not comply with the requirements on which those documents are to be issued, that authority shall:

1) call on the entrepreneur to meet these requirements within the prescribed period;

2) suspend or revoke the authorization to pursue the occupation of road transport operator, subject to the conditions referred to in art. (Article 13 of Regulation (EC) No 1071/2009;

3. withdraw the Community licence, subject to the conditions referred to in Article 3 (3). 7 of Regulation (EC) No 1072/2009 or Article 21 of Regulation (EC) No 1073/2009;

4. withdraw the licence referred to in Article 5b par. 1 and 2, or authorisation, subject to the conditions referred to in Article 15 and art. 24 ust. 4-6.

Art. 90a. [ transmission of the audit carried out to the European Commission] 1. The Chief Inspector of Road Transport shall transmit to the European Commission data relating to the inspections carried out:

1) the technical condition of the vehicles, every two years, by the deadline of 31 March, after the expiry of the period covered by the report, according to the form referred to in paragraph. 3;

2. in the case referred to in Regulation (EC) No 561/2006, in accordance with the form referred to in Article 3 (2) of Regulation (EC) No 561/2006. 17 of that Regulation, every two years, by 30 September of the year following the end of the two-year reporting period;

2a) to the extent referred to in art. By 30 September of the year following the end of the two-year reference period, the 26 of Regulation (EC) No 1071/2009 shall, by 30 September of the year following the end of the reference period, be completed;

3) the carriage of dangerous goods by road, annually, by the date of 31 March each year, according to the form referred to in paragraph. 3.

2. Chief of the Police Chief, Commander of the Main Border Guard, Head of the National Tax Administration and the provincial road transport inspector, and in the scope referred to in point 2, also the Chief Labour Inspector, shall transfer to the General Inspector Transport of road transport by road shall be the following:

1. the technical condition of the vehicles-every two years, by 31 January after the expiry of the two-year period covered by the report,

(2) compliance with the rules on driving time and the time of vehicle stationary, mandatory breaks and the driver's rest-every two years, by 31 July following the expiry of the two-year period covered by the report;

-on the appropriate forms.

2a. The Provincial Road Transport Inspector passes the information referred to in the paragraph to the Main Inspectorate of Road Transport. 1 point 3, including information obtained from other control bodies on the basis of the provisions of the Act of 19 August 2011. the transport of dangerous goods.

3. The Minister competent for transport shall determine, by means of a regulation, the model forms for the transmission of the data referred to in paragraph 1. Article 1 (1) and (3), taking into account the scope of the data necessary for the transmission of the European Commission under Community law.

4. The Minister responsible for transport shall determine, by means of a regulation, the models of the forms for the transmission of the data referred to in paragraph 1. 2, taking into account the scope of the necessary data

Art. 90b. [ Notification on non-presentation of a document during roadside inspection] In the case of non-presentation during the roadside inspection of the document referred to in Article 87 (1) 1 point 2 (e), the persons entitled to the control referred to in Article 2 (2) (e) of the Regulation 89 par. 1, shall be immediately notified to the Chief Executive of the Second Tax Office of Warsaw-Śródmieście, indicating the operator performing the carriage, the date of carriage, the number of persons carried and the information concerning the route of carriage.

Article 91. [ Control of the examination and issuing of certificates of professional competence and the financial economy of the certification body] 1. The Minister responsible for transport controls the way in which the certificates of professional competence are examined and issued and the financial economy of the certification body.

(2) If, as a result of the checks carried out, the Minister responsible for transport has been found to have failed:

1) calls upon the inspected entity to immediately remove the deficiencies or

2) deprive it of the powers referred to in art. 38 par. 3.

Chapter 11

Penalty payments

Article 92. [ List of breaches of obligations or conditions resulting from the provisions of law] 1. The driver performing the road carriage in violation of duties or conditions of carriage by road, shall be punished by the fine in the amount of up to 2000 zlotys.

2. List of infringements referred to in paragraph. 1, and the amount of fines for individual infringements are specified in Annex no. 1 to the Act.

3. The person managing the undertaking or the person managing the transport in the undertaking referred to in Regulation (EC) No 1071/2009 of the European Parliament and of the Council, and any other person performing the activities relating to the carriage of road, which breached the obligations or conditions of carriage by road or perpetrated, if unintentionally, to the formation of such breaches, shall be punished by the fine in the amount of up to 2000 zlotys.

4. List of infringements referred to in paragraph. 3, and the amount of fines for individual infringements are set out in Annex 2 to the Act.

5. Orzecking on the imposition of the fine referred to in the paragraph. 1 and 3, shall take place in accordance with the procedure laid down in the Code of Conduct on Offences.

6. The provisions of the paragraph. 1 and 3 shall also apply in the event of disclosure of a breach of obligations or conditions of carriage by road committed abroad, unless the perpetrator shows that a penalty has already been imposed for the infringement.

Art. 92a. [ Statement of infringements] 1. The entity performing road transport or other activities related to this transport in violation of obligations or conditions of carriage by road, shall be subject to a penalty payment of between 50 zloty and 10 000 zlotys for each violation.

2. The sum of fines imposed for breaches found during one road control shall not exceed the amount of 10 000 zlotys.

3. The sum of the fines imposed for the infringements found during the inspection in the operator performing the road carriage shall not exceed:

1) 15 000 zlotys-for an entity employing drivers in the number on average up to 10 during a period of 6 months before the date of the start of the check;

2) 20 000 zlotys-for the entity employing drivers in the number on average from 11 to 50 during the period of 6 months prior to the date of the start of the check;

3) 25 000 zlotys-for an entity employing drivers in the number on average from 51 to 250 in the period of 6 months prior to the date of the start of the check;

4) 30 000 zlotys-for the entity employing drivers in the number of more than 250 in the period of 6 months before the day of commencement of inspection;

5) 40 000 zlotys-for the entity performing other activities related to road transport.

4. For the drivers referred to in the mouth. 3 paragraphs 1 to 3, are also considered to be persons not employed by the road transport operator who carried out the road transport in person for his behalf.

5. If an act is a breach of the provisions referred to in paragraph. 1, while exhaustitions of the offence are exhausted, only the provisions on administrative liability shall apply to a natural person.

6. List of breaches of obligations or conditions referred to in paragraph. 1, and the amount of fines for individual infringements are set out in Annex no. 3 to the Act.

7. The provisions of the paragraph. 1, para. Article 3 (5) and (3) 5 and 6 shall apply to road haulage operators, in particular to:

1) the freight forwarder,

2) the consignor,

3. consignee,

4) shippers,

5) tour organizer,

6) the transport organizer,

(7) the public collective transport operator

-where the circumstances of the case and evidence clearly indicate that the entity has had an impact or has agreed to an infringement.

8. The provisions of the paragraph. 1 and paragraph 3-6 shall apply to the entities referred to in Article 3. 16a and art. 33a.

Art. 92b. [ Exemptions] 1. No penalty shall be imposed for the violation of the provisions on driving time, required breaks and rest periods, if the operator of the carriage has ensured:

1) the proper organization and discipline of work generally required in relation to the driving of road hauls, permitting compliance by drivers of regulations:

(a) Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006. on the harmonization of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85,

(b) Council Regulation (EEC) No 3821/85 of 20 December 1985. on recording equipment used in road transport,

(c) the European Agreement on the Work of Crews of Vehicles engaged in International Road Transport (AETR), drawn up in Geneva on 1 July 1970. (Dz. U. of 1999 items 1086 and 1087);

2. the correct remuneration rules, not containing components of remuneration or premiums which encourage the infringement of the provisions of the Regulation referred to in point 1 (a), or to measures which threaten the safety of traffic.

2. For infringement of the provisions referred to in paragraph. 1, punishable by the fine, under the rules laid down in art. 92, the driver or other person responsible for the emergence of these infringements shall be subject.

Art. 92c. [ Closure of proceedings] 1. No proceedings shall be initiated on the imposition of the monetary penalty referred to in Article 1. 92a ust. 1, to the operator of road transport or other activities connected with the carriage, and the proceedings instituted in this case shall be remitted if:

(1) the circumstances of the case and evidence indicate that the operator carrying out the transport or other transport operations did not have an effect on the infringement, and that the infringement occurred as a result of events and circumstances which the entity could not have foreseen, or

(2) a penalty has been imposed on an entity carrying out a transport operation by another authorised authority, or

3) from the day of disclosure of the breach the period of more than 2 years has expired.

2. The provisions of the paragraph. Article 1 (2) shall apply mutatis mutandis in the case of the imposition of a penalty by an authorised foreign authority.

Article 93. [ Imposition of penalty payments] 1. The monetary penalty referred to in art. 92a ust. 1, impose, by way of administrative decision, the competent because of the place of inspection carried out by the authority whose employees or officers have established a breach of the obligations or conditions of carriage by road, subject to the paragraph. 4-6.

2. The final decision referred to in paragraph 2. 1, shall become enforceable after 30 days from its service, if the party has not filed a complaint against the decision to the competent administrative court. In the event of a complaint, the decision shall be enforceable as soon as:

1) rejection of the complaint,

2. withdrawal of the complaint, or

3) the court's decision to dismiss the complaint by the court of law.

3. The body referred to in paragraph 1. 1, it shall issue a decision to cancel the procedure for the imposition of a monetary penalty in the event of a finding of the circumstances referred to in art. 92b ust. 1 or Art. 92c.

4. The Police Officer, who shall disclose the violation for which this Act provides for a pecuniary penalty, shall transfer the documents from the carried out audit to the competent provincial inspection site of the road transport inspector.

5. In the case referred to in paragraph. 4, the administrative proceedings lead and the administrative decision on the imposition of the monetary penalty shall issue the provincial road transport inspector.

6. The provisions of the paragraph. 4 and 5 shall not apply in the case of disclosure by a police officer of a breach, for which this Act provides for a pecuniary penalty, committed by a foreign road carrier.

7. The provisions of the Act of 29 August 1997 shall not apply to the fines provided for in this Act. -Tax Ordinance (Dz. U. of 2015 items 613, of late. zm.).

Article 94. [ Fines] 1. The money penalty shall constitute the revenue of the state budget.

2. The money penalty shall be paid to the competent bank account within 14 days from the date on which the decision to impose it became enforceable. The costs associated with the transfer shall be borne by the operator.

3. In the event that during the check it is found a breach of obligations or conditions of carriage by road by a foreign entity established in the State with which the Republic of Poland is not bound by the contract or agreement of cooperation in the mutual investigation of receivables or the possibility of enforcement is not directly due to the international rules and regulations of that State, the person carrying out the check shall receive a deposit of the amount of the monetary penalty envisaged.

4. The deposit shall be taken in the form of:

1) cash, for a receipt on the printing of the strict management, or

2) transfer to the extracted bank account of the body conducting administrative proceedings in the case for the imposition of a penalty, and in the case of bail collection by the customs bodies-on the extracted bank account of the treasury of the tax office specified in the the separate provisions, the costs of the transfer shall be borne by the operator.

5. In the case of a deposit of the deposit by the Inspectors of Road Transport Inspection, it is possible to pass it in a non-cash form, by means of a payment card. Costs associated with the authorisation of the transaction and the transfer of funds to the bank account referred to in paragraph Article 4, point 2, shall be inversely liable to the operator.

6. The deposit shall be kept at the interest-free bank account referred to in paragraph 1. 4 point 2.

7. The rubber shall be transmitted:

1) to the bank account referred to in the paragraph. 2-within 7 days from the date on which the decision to impose the sentence has become enforceable;

2) to the bank account of the entity which paid it-within 7 days from the date of notification of the decision to waive or annul the decision on the imposition of the monetary penalty or the service of the decision of the administrative court of the repeal or statement of invalidity of such decision.

(8) Where the amount of the penalty imposed is less than the amount of the security being levied, the provisions of paragraph 1 shall apply mutatis mutandis to the resulting difference. 7 point 2.

9. The provisions of the Act of 29 August 1997 shall not apply to the monetary penalty. -Tax Ordinance.

Article 94a. [ Recognition of the monetary penalty for the non-bovine] The penalty imposed shall be deemed to be non-former after the expiry of a period of 2 years from the date of implementation of the administrative decision to impose it.

Article 94b. [ Abolition of the monetary penalty] The penalty imposed for the most serious infringement set out in Annex IV to Regulation (EC) No 1071/2009 or the serious infringement set out in Annex I to the Commission Regulation (EU) 2016/403 shall be deemed to be non-former after one year from the end of the year in which the penalty is applied. the implementation of the administrative decision to impose it.

Article 95. [ Detention of documents subject to inspection and removal of the vehicle] 1. In the event of a declaration of violation of the obligations or conditions of carriage by road by the operator of the road carriage or other activities related to that carriage, the person carrying out the control on the road stops, per receipt, the documents subject to inspection and/or removal of the vehicle, at the expense of the operator of the road carriage, to the nearest guarded parking lot, if:

1) no bail has been obtained-in the case of the entity referred to in Article 94 par. 3,

2. the found irregularities have not been deleted, or

3) a ban or restriction of traffic prevents further driving.

2. The provisions of Article 1 shall apply mutatis mutandis to the procedure for the removal of a vehicle. 130a of the Act of 20 June 1997. -The law on road traffic.

3. The return of the vehicle from the parking lot shall follow, respectively:

1) the transfer of the deposit by the operator of the road carriage, on the basis of the rules referred to in art. 94 par. 4 and 5, or

2) remove the reason for placing the vehicle in the parking lot.

4. If the vehicle is not received from the parking lot within 30 days from the day of imposition of the monetary penalty, the provisions of Chapter 6 of Chapter 6 of the Act of 17 June 1966 shall apply accordingly. on enforcement proceedings in the administration (Dz. U. of 2016 r. items 599, 868, 1228, 1244 and 1579) concerning the execution of cash receivables from movable property.

5. Where, during the border inspection, a breach of the obligations or conditions of carriage by the driver by the driver or by the operator of the road carriage or other activities relating to the transport is found to be found, the person carrying out the transport operation shall, the control is entitled to prevent a controlled vehicle from entering the territory of the Republic of Poland until the irregularities found have been resolved.

Art. 95a. [ Penalty of money] 1. Who, being obliged to return the permit to pursue the occupation of the road transport operator, the licence or the discharges from those documents or the driver's certificate, does not return them to the authority which granted them, within 14 days from the day on which respectively the decision to withdraw the licence, the licence, the temporary withdrawal of the write-off of the Community licence or the withdrawal of the driver's certificate has become final

-is subject to a penalty payment of 1000 PLN.

2. Who, being obliged to return the certificate of professional competence in road transport, does not return this document to the body which issued an administrative decision about the inability of the transport manager to drive the transport operations, in the deadline of 14 days from the date on which the decision became final

-is subject to a penalty payment of 500 PLN.

3. The barracks referred to in paragraph. 1 and 2, shall impose, by way of administrative decision, the competent authority in cases of authorisation to pursue the occupation of road transport operator or licence.

4. The barracks referred to in paragraph. 1 and 2, constitute the income of the competent authority in cases of authorisation to pursue the occupation of road transport operator or licence.

Article 95b. [ Amount of financial penalty] 1. In the case of infringement of the provisions of Article 8-11, art. 13-17, art. 19-21 and art. 24-27 of Regulation No 181/2011 the road haulier or operator of the railway station referred to in art. 3 lithium Of Regulation No 181/2011, they are subject to a monetary penalty of up to 30 000 zlotys.

2. The monetary penalty referred to in paragraph 1 shall be provided for in paragraph 2. 1, impose, by way of an administrative decision, the competent authority for the examination of the complaint, as specified in the art. 82b ust. 2 and 3 and Article 3 82c ust. 3.

3. Establishing the amount of the monetary penalty referred to in paragraph. 1, the authority shall take into account the extent of the infringement, the repeatability of the infringements and the financial benefits obtained for

4. The monetary penalty referred to in paragraph 1 shall be provided for in paragraph 4. 1, imposed by:

1) the organizer of public collective transport within the meaning of art. 7 ust. 1 of the Act of 16 December 2010. o public collective transport-constitutes the income of the competent local government unit;

2. the authority competent to issue authorisations for the regular carriage of passengers in international road transport as referred to in Article 3 (1) of the EC 18 (1) 1 point 2 (a) a-constitutes the revenue of the State budget;

3) Marshal of the voivodship-constitutes the income of the province's self-government;

4) water-constitutes the revenue of the State budget.

Art. 95c. [ Restrictions on the imposition and collection of the monetary penalty] 1. The monetary penalty, referred to in art. 95b, it shall not be imposed if 2 years have elapsed since the date of committing.

2. The measurement of the monetary penalty referred to in Article 95b, it shall not be collected five years after the date of the final decision imposing the penalty.

Art. 95d. [ Suspension of payment of the penalty payment] 1. In the event of failure to comply with the obligation referred to in art. Paragraph 47b (b) 2-4, per unit referred to in art. Paragraph 47b (b) 1 point 1, a pecuniary penalty of up to 100 000 zlotys is imposed.

2. The monetary penalty referred to in paragraph 1 shall be provided for in paragraph 2. 1, impose, by way of administrative decision, water.

3. Establishing the amount of the monetary penalty referred to in paragraph. 1, the authority shall take into account the extent of the infringement, the repeatability of the infringements and the financial benefits obtained for

4. An entity referred to in art. Paragraph 47b (b) Article 1 (1) may apply for the suspension of payment of the monetary penalty referred to in paragraph 1. 1.

5. The wojewoda may suspend, by administrative decision, the payment of the monetary penalty referred to in paragraph. 1, for the period necessary to take corrective action, not longer than 6 months, in the case of a presentation by the entity referred to in art. Paragraph 47b (b) 1 point 1, a documented proposal for a corrective action to remedy the reason for the imposition of that penalty.

6. The wojewoda umarza, by means of an administrative decision, the monetary penalty referred to in the paragraph. 1, in the event of removal within the time limit specified in the decision to suspend the cause of the imposition of that penalty. If the reason for the imposition of a penalty is not removed, the penalty shall be levied.

7. Proceeds from the fines referred to in paragraph 1 1, constitute the revenue of the State budget.

Art. 95e. [ Restrictions on the imposition and collection of the monetary penalty] 1. The monetary penalty, referred to in art. 95d, it shall not be imposed if 5 years have elapsed since the date of committing the act.

2. The measurement of the monetary penalty referred to in Article 95d, it shall not be collected five years after the date of the final decision imposing the penalty.

Article 96. (repealed)

Chapter 11a

(repealed)

Art. 96a. (repealed)

Chapter 12

Amendments to the provisions in force, transitional and final provisions

Article 97. (bypassed)

Article 98. (bypassed)

Article 99. (bypassed)

Article 100. (bypassed)

Article 101. (bypassed)

Article 102. (bypassed)

Article 103. (bypassed)

Article 104. [ Permits for road transport] 1. The permits for the execution of road transport granted before the date of entry into force of the Act shall retain the power.

2. To administrative proceedings initiated and not completed by a final decision before the date of entry into force of the Act, its provisions shall apply.

Article 105. [ Certificate Confirming the passing of the exam] The certificate confirming the passing of the examination in the field of execution of national commercial transport of persons issued on the basis of the existing provisions on the conditions for the exercise of national road passenger transport shall become, by virtue of the law, certificate professional in the field of national road transport of persons.

Article 106. (bypassed)

Article 107. [ Membership of the European Union] On the day of obtaining by the Republic of Poland the membership of the European Union to foreign entrepreneurs from the Member States of the European Union and the Member States of the European Free Trade Agreement (EFTA)-parties of the agreement o The European Economic Area is not subject to the provisions of Article 4 of the 18 (1) 2, art. 19 and Art. 28 para. 1.

Article 108. (bypassed)

Article 109. [ Repealed provisions] 1. Tracy power:

1) the Act of 2 August 1997. on the conditions for the execution of international road transport (Dz. U. Entry 677, 1999 items 310 and 2000 items 1268);

2) the Act of 29 August 1997. on the conditions for the exercise of national road passenger transport (Dz. U. Entry 942 and 1045, 1998 items 668, 1999 items 963 and 1043 and 2000 items 136).

2. (bypassed)

Article 110. [ Entry into force] The Act shall enter into force on 1 January 2002, except that Chapter 9 shall enter into force on 1 November 2001, with the exception of Article 1. 50, art. 68-75 and art. 80-82, which enter into force after 6 months from the day of the announcement.

Article 110.


1) This Act shall apply to the implementation of the following Directives of the European Communities as regards its implementation:

1) Directive 76 /914/EEC of 16 December 1976 on the minimum level of training of drivers in road transport (Dz. Urz. EC L 357 of 29.12.1976);

(2) Directive 84 /647/EEC of 19 December 1984 (1). on the use of vehicles that are not least drivers for the carriage of goods by road (Dz. Urz. EC L 335, 22.12.1984);

3. Directive 88 /599/EEC of 23 November 1988 on the standard examination procedures for the implementation of Regulation (EEC) No 3820/85 on the harmonisation of certain social legislation relating to road transport and Regulation (EEC) No 3821/85 on equipment registrant (s) used in road transport (Dz. Urz. EC L 325, 29.11.1988);

(4) Directive 90 /398/EEC of 24 July 1990. amending Directive 84 /647/EEC on the use of vehicles with no drivers for the carriage of goods by road (Dz. Urz. EC L 202 of 31.07.1990);

5. of Directive 92/106/EEC of 7 December 1992 (1). on the establishment of common rules for certain types of combined transport of goods between Member States (Dz. Urz. EC L 368 of 17.12.1992);

(6) Directive 98 /76/EC of 1 October 1998 (1). amending Directive 96 /26/EC on access to the occupation of road haulage operator and road passenger transport operator and the mutual recognition of diplomas, certificates and other evidence of formal qualifications, to facilitate their exercise of the right of freedom of establishment in the field of domestic and international transport (Dz. Urz. EC L 277, 14.10.1998);

(7) Directive 1999 /62/EC of 17 June 1999 (1). on the charging of heavy goods vehicles for the use of certain infrastructures (Dz. Urz. EC L 187 of 20.07.1999);

(8) Directive 2000 /30/EC of 6 June 2000 (1). 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).

The data relating to the publication of the acts of the European Union, as set out in this Act, on the date of accession by the Republic of Poland of membership of the European Union, shall refer to the publication of those acts in the Official Journal of the European Union. Special

2) This Act shall apply:

1) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009. laying down common rules on the conditions for the pursuit of the occupation of road transport operator and repealing Council Directive 96 /26/EC (Dz. Urz. EU L 300, 14.11.2009, p. 51, of late. zm.);

(2) Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009. concerning common rules for access to the international road hauls market (Dz. Urz. EU L 300, 14.11.2009, p. 72, z późn. zm.);

3) of Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009. on common rules for access to the international market for coach and bus services and amending Regulation (EC) No 561/2006 (Dz. Urz. EU L 300, 14.11.2009, p. 88, of late. zm.);

4) Decision of the Commission of 17 December 2009. on the minimum requirements for data to be entered into the national register of electronic road transport entrepreneurs (Dz. Urz. EU L 339, 22.12.2009, p. 36);

5. Commission Regulation (EU) No 1213/2010 of 16 December 2010. laying down common rules for the merger of national registers of electronic road transport operators (Dz. Urz. EU L 335, 18.12.2010, p. 21);

6) of Commission Regulation (EU) 2016/403 of 18 March 2016. supplementing Regulation (EC) No 1071/2009 of the European Parliament and of the Council with regard to the classification of serious infringements of Union rules which may lead to a loss of good reputation by a road transport operator and amending Regulation (EC) No 1071/2009 Annex III to Directive 2006 /22/EC of the European Parliament and of the Council (Dz. Urz. EU L 74 of 19.03.2016, str. 8).

Annex 1. [ LIST OF BREACHES OF OBLIGATIONS OR CONDITIONS OF CARRIAGE BY ROAD]

Annexes to the Act of 6 September 2001.

Annex No 1

LIST OF INFRINGEMENTS OF OBLIGATIONS OR CONDITIONS OF CARRIAGE BY ROAD

Seq.

Description of infringements

Amount of fine in zloty

1

2

3

1.

Failure to sign the discharge from the authorisation to practise the occupation of road transport operator, the discharge from the licence or any other required by road transport of the document referred to in Article 87

500

2.

Failure to demonstrate the completion of the training required in connection with the exercise of the carriage by road

800

3.

Carrying out the carriage of live animals by road in violation of the rules on travel times and stops

up to 2 hours

200, above

2 hours

500

4.

Driving, in violation of the provisions on driving time, of existing breaks and rest

4.1.

Exceeding the maximum daily driving period of time up to 1 hour and for each subsequent hour commenced

100

4.2.

Exceeding the maximum driving time without interruption for a period of more than 15 minutes to 30 minutes and for any subsequent commenced 30 minutes

150

4.3.

Shortening the daily rest time of more than 15 minutes to one hour and for each subsequent start of the hour

100

4.4.

Reduce weekly rest time by up to one hour, and for every subsequent hour started

50

4.5.

Exceeding the weekly driving time of more than 30 minutes to two hours and for each subsequent start of the hour

50

5.

Vehicle stature carrying dangerous goods without the required surveillance

800

6.

Stop of a vehicle carrying dangerous goods without a parking parking brake

500

7.

Use of fire or non-sheathed flame in vehicles carrying dangerous goods of Class 1 and in their vicinity and during loading or unloading of such goods

2000

8.

Infringement of the provisions relating to the loading or unloading of dangerous goods of Class 1 in a public place on vehicles or vehicles which are less than 50 m in length

1000

9.

Carriage in a transport unit carrying dangerous goods of passengers other than the crew of the vehicle

500

10.

Violation of the smoking ban regulations, when manipulating the cargo or carrying out the cargo operations of dangerous goods, near or inside the vehicle or container

500

11.

Unjustified maintenance of engine work at the time of loading or unloading of dangerous goods

1000

12.

Infringement of the rules on the carriage of passengers by road

12.1.

Collection of charges for the carriage of a person on a regular carriage without charge of the charges made available to the public

1000

12.2.

Passenger not issued prior to the carriage of the required confirmation of the transfer of the toll

1000

13.

Infringement of the use of recording equipment, digital recording equipment, record sheet or driver card

13.1.

Operation of the carriage by road of a vehicle equipped with a recording equipment or a digital recording device to which an unauthorised additional device affecting the malfunctioning of the recording equipment has been connected

2000

13.2.

Undeclared by a recording device or a digital recording device on the record sheet or driver card of the indication of the vehicle in the vehicle speed range, driver activity and distance traveled

2000

13.3.

Incorrect operation of the recording equipment switch or a digital recording device enabling the driver to change the type of activity-for each day

100

not more than

1000

13.4.

Driving by a road driver with an inoperative or improperly functioning recording equipment or a digital recording equipment after the end of the permissible driving period

1000

13.5.

Driving by the road driver without a valid card or with a card defective after the end of the permissible driving period

500

13.6.

Operation of the carriage by road of a vehicle equipped with a recording equipment or a digital recording equipment which has been disconnected

2000

13.7.

Arbitrary interference in the operation of a recording device or a digital recording device installed in a vehicle, resulting in a change in the indication of the device in the vehicle speed range, driver activity, or road traveled

2000

13.8.

Unjustified use of several record sheets in the same 24-hour period-for each day

100

13.9.

Use of a chart above the time period for which it is intended-for each record sheet

100

not more than

1000

13.10.

Use of a type of record sheet not approved or not intended for a type of recording equipment

200

13.11.

Presentation during the control of a record sheet, dirty or damaged to the extent that the data are not being read

200

13.12.

Presentation during the inspection of the record sheet or driver card, which do not contain manually or automatically all required data on the time periods for the driver's activity-for each day

100

13.13.

Use of the same record sheet or driver card by several drivers

2000

13.14.

Simultaneous use of several record sheets or cards of drivers or other record sheets or cards

2000

13.15.

Show a record sheet that does not contain the required entry:

Driver's first name or surname

Vehicle registration number 2

3rd place or date of initial use of the record sheet

4th place or end date of use of the record sheet

5. the status of the kilometres at the start of the vehicle's use

6. of the kilometres at the end of the meter

7. vehicle use

50 for none

of each

entry

13.16.

Non-compliance of the time sign on the record sheet with the official time of the country of registration of the vehicle-for each record sheet

100

not more than

1000

13.17.

Performance of carriage by the driver without the required printout of the tachograph in the event of damage to the driver's card, of his failure or of its inpossession-for each missing printout

200

not more than

1000

14.

Execution of road transport in violation of Art. 18 (1) 4a and paragraph 5

500

15.

Exceeding the weekly working time dimension referred to in art. 26c of the Act of 16 April 2004. at the time of the drivers ' work, by persons not employed by the entrepreneur, but personally performing road transport services in his favour:

1 to 2 hours

2. above 2 to 10 hours

3. over 10 hours

50

300

500

Annex 2 [ LIST OF INFRINGEMENTS OF THE MANAGING PERSON ' S OR THE PERSON MANAGING THE TRANSPORT IN THE UNDERTAKING]

Annex No 2

LIST OF INFRINGEMENTS OF THE MANAGING PERSON ' S OR THE PERSON MANAGING THE TRANSPORT IN THE UNDERTAKING

Seq.

Description of infringements

Amount of fine in zloty

1.

Driver's failure in:

1.1.

-extract from the authorisation of the occupation of road transport operator, extract from the licence, extract from the licence, extract from the operating certificate for its own needs

2000

1.2.

-driver attestation-concerns drivers who are not nationals of a Member State of the European Union

1000

1.3.

-another document referred to in art. 87, required in connection with the transport operation

500 per document

2.

Incorrect, incomplete or factually incorrect completion of the document referred to in Art. 87, required in connection with the transport operation

300 for each document

3.

Admission to the carriage of carriage by road by the driver who:

3.1.

-has not completed the training required for this transport

1000

3.2.

-does not have a medical certificate in the absence of health contraindications for the performance of work on the driver's position

1000

3.3.

-does not have a psychological judgement on the lack of psychological contraindications to perform the work on the driver's position

1000

4.

Authorisation to carry out the carriage of animals by road to a person serving or guardian of animals which are not qualified for the transport of animals certified by a county veterinarian

500

5.

Insignificance of the person responsible for the transport of animals

500

6.

Long journeys of domestic solipeds other than registered Equidae, bovine, ovine, caprine and porcine animals without a travel logbook

1000

7.

Long journeys of domestic solipeds other than registered Equidae, bovine, ovine, caprine and porcine animals with an incorrectly prepared travel log

500

8.

Failure to obtain the animal health certificate required for the carriage of the animal health certificate or the documents referred to in Article 4 Council Regulation (EC) No 1/2005 of 22 December 2004 (OJ L 29, 12.2004, p. on the protection of animals during transport and related operations and amending Directives 64 /432/EEC and 93 /119/EC and Regulation (EC) No 1255/97

500

9.

Authorisation to exceed the transit time of the animal species concerned

500

10.

Authorisation for the carriage of animals by a vehicle not adapted for the transport of the animal species concerned

1000

11.

Admission to non-notification of a veterinarian that is revealed during the transport of the disease, injury or carcass of a transported animal

500

12.

Authorisation for failure to comply with special conditions laid down for the transport of animals

500

13.

Failure to fulfil or improper the performance of animal service obligations when carrying out their transport

1000

14.

Authorisation for carriage of goods by road without the required certificate as defined in the contract for international transport of the rapidly burning foodstuffs and of the special means of transport intended for those transport operations

2000

15.

Admission to a breach of the rules on driving time, mandatory breaks and rest

2000

16.

Admission to a breach of the rules on the use of self-recording equipment for driving speed, driving and rest periods and driver's activity

2000

17.

Admission to the carriage by road of a vehicle causing noise in excess of the permitted level

200

18.

Admission to the carriage by road of a vehicle secreting harmful substances to a degree exceeding the permitted level

300

Annex 3. [ LIST OF INFRINGEMENTS CARRIED OUT BY ROAD TRANSPORT OPERATOR]

Annex No 3

LIST OF INFRINGEMENTS OF THE OPERATOR ON THE ROAD

Seq.

Description of infringements

Height

Monetary penalties in gold

1

2

3

1.

VIOLATION OF GENERAL PRINCIPLES AND CONDITIONS FOR THE EXERCISE OF ROAD TRANSPORT AND SERVICES FOR OWN NEEDS

1.1.

Carrying out of road transport without the required authorisation to pursue the occupation of road transport operator or without the required licence

8000

1.1a.

Possession of write-off from a permit to practising the occupation of road transport operator and of Community licences in a total number exceeding the number of vehicles for which the requirement of financial capacity has been documented, in accordance with art. 7 of Regulation (EC) No 1071/2009-for each successive trans-numeral extract

500

1.2.

Driving a taxi by road by road not included in the licence, excluding the situation when the taxi driver has requested a new licence

2000

1.3.

Carrying out of carriage for own needs without a required certificate

8000

1.4.

Failure to report in writing, in paper form or in electronic form, to the authority which granted the authorisation to pursue the occupation of road transport operator or licence, changes in the data referred to in Article 7a and art. 8, within the required deadline

800

1.5.

Failure to surrender or to prevent the carrying out of checks in whole or in part

10,000

1.6.

Non-storage or storage of incomplete documents and other media of the information referred to in Article 16a and art. 33a, by the entities mentioned in that provision

10,000

1.7.

The driver's pay dependence on the amount of goods transported

8000

1.8.

Failure to report in writing, in paper form or in electronic form, to the authority which issued the certificate for the carriage of goods by road for its own purposes, changes in the data referred to in Article 8, within the required deadline

800

2.

INFRINGEMENT OF THE RULES ON THE CARRIAGE OF PASSENGERS BY ROAD

2.1.

Regular carriage without a required permit, without the required attestation to perform public collective transport or to confirm the declaration of carriage in public transport by collective transport

8000

2.2.

Carrying out regular transport in breach of the conditions laid down in the permit, attestation to the execution of public collective transport or the confirmation of the declaration of carriage in public transport of collective transport concerning:

2.2.1.

2.2.2.

2.2.3.

-days

-departure and arrival times

-the established route of the journey or designated stops

2000

500

3000

2.3.

Regular carriage without a valid timetable

2000

2.4.

Carrying out of regular carriage of a vehicle other than bus

5000

2.5.

Carrying out a bus transport which:

2.5.1.

-does not conform to the technical specifications due to the type of regular transport performed

5000

2.5.2.

-does not meet the requirements for equipment and markings in connection with the carriage of a particular category of passengers

2000

2.6.

Collection of charges for the carriage of a person on a regular carriage without charge of the charges made available to the public

2000

2.7.

Non-surrender of a required confirmation of a toll before the start of the course excluding the taxi

2000

2.8.

Failure to report in writing, in paper form or in electronic form, to the authority which granted the authorisation, changes in the data referred to in Article 22b, within the required deadline

800

2.9.

Operation of occasional services in national road transport of a vehicle designed to carry no more than nine persons, including the driver in violation of the prohibition referred to in Article 18 (1) 5

8000

2.10.

Performing an occasional carriage by car which does not meet the construction criterion specified in the Article. 18 (1) 4a, subject to the transport operations referred to in Article 4. 18 (1) 4b

8000

2.11.

Absence of a schedule of driving periods for driving periods of the driver

2000

3.

INFRINGEMENT OF THE RULES ON THE PERFORMANCE OF INTERNATIONAL ROAD HAULAGE AND CABOTAGE OPERATIONS

3.1.

Carrying out an international carriage of goods by road without requiring a valid authorisation in the vehicle

10,000

3.2.

Non-fulfilment prior to the entry into the territory of the Republic of Poland or improperly fulfilment required for international carriage of goods by road

8000

3.3.

Execution of an international carriage by road not in accordance with the provisions of the Act, the international agreement or the conditions specified in the permit

8000

3.4.

Implementation of international road transport:

3.4.1.

-without a certificate in the vehicle which confirms that the vehicle has complied with the relevant safety requirements or the conditions of entry into service required for the permit to be held.

8000

3.4.2.

-a vehicle not complying with the conditions set out in the certificate confirming the compliance of the vehicle with the relevant safety requirements or the conditions for entry into service

8000

3.5.

Carrying out of cabotage operations on the territory of the Republic of Poland without the required permit

10,000

3.6.

Carrying out of cabotage operations not in accordance with the conditions laid down for this transport

10,000

3.7.

Order of carriage by road to a foreign entity not having the required permit for cabotage transport

10,000

3.8.

Order of carriage of goods by a non-material vehicle to an entity which does not have the required authorisation

8000

3.9.

Placing in the consignment note and other data and information documents not in accordance with the facts

8000

4.

INFRINGEMENT OF THE PROVISIONS ON THE TRANSPORT OF WASTE

4.1.

Failure to report the carriage of waste by road where no authorisation is required for carriage

3000

4.2.

Carrying out of the carriage of waste by road other than hazardous waste by transporting waste without the required entry in the Register, referred to in the Act of 14 December 2012. o waste

2000

4.3.

Carrying out of the carriage of hazardous waste by road transporting waste without the required entry in the register provided for in the Act of 14 December 2012. o waste

6000

4.4.

Export of waste outside the territory of the Republic of Poland without the required

6000

4.5.

Import of waste into the territory of the Republic of Poland without the required permit

10,000

4.6.

Execution of the carriage of goods by road transit through the territory of the Republic of Poland without the required

6000

5.

VIOLATION OF THE RULES ON DRIVING TIME, MANDATORY BREAKS AND REST

5.1.

Exceeding of the maximum daily driving time:

5.1.1.

-with a time of more than 15 minutes to one hour

100

5.1.2.

-for every next hour started

200

5.2.

Exceeding the maximum driving time without interruption:

5.2.1.

-with a time of more than 15 minutes to 30 minutes

150

5.2.2.

-for each subsequent start of 30 minutes

200

5.3.

Shortening of daily rest time:

5.3.1.

-with a time of more than 15 minutes to one hour

100

5.3.2.

-for every next hour started

200

5.4.

Shortening the weekly rest time:

5.4.1.

-up to one hour

50

5.4.2.

-for every next hour started

100

5.5.

Exceeding the weekly driving time:

5.5.1.

-with a time of more than 30 minutes to two hours

50

5.5.2.

-for every next hour started

100

5.6.

Overrun of vehicle driving time in two consecutive weeks:

5.6.1.

-with a time of more than one hour up to four hours

100

5.6.2.

-for every next hour started

150

6.

VIOLATION OF THE PROVISIONS ON THE USE OF RECORDING EQUIPMENT OR DIGITAL SELF-RECORDING EQUIPMENT FOR DRIVING SPEED, DRIVING TIME AND PARKING

6.1.

Failure to comply with the rules and conditions of equipment of the vehicle in the recording equipment (tachograph)

6.1.1.

Operation of a road transport vehicle not equipped with recording equipment or digital recording equipment

3000

6.1.2.

Operation of a road transport vehicle equipped with a recording equipment or a digital recording device which does not register all the required elements

2000

6.1.3.

Operation of a road transport vehicle equipped with a recording equipment or a digital recording device which does not record in parallel the data on the periods of activity of the drivers driving the vehicle

1000

6.1.4.

Carrying out of carriage by road vehicles equipped with recording equipment or digital recording equipment without a required periodic check, inspection or calibration test

1000

6.1.5.

Admission to the carriage by road of a vehicle equipped with a digital recording equipment by a driver who does not have an own valid driver card

1000

6.1.6.

Performance of carriage by the driver without the required printout of the tachograph in the event of damage to the driver's card, of his failure or of its inpossession-for each missing printout

100

6.2.

Operation of road transport with interference in the operation of the recording equipment

6.2.1.

Uncharting by means of a recording device or a digital recording device on a record sheet or driver card in the vehicle speed range, driver activity and distance traveled

5000

6.3.

Violation of the rules and conditions of use of the recording equipment or digital recording equipment

6.3.1.

Unjustified use of several record sheets in the same 24-hour period-for each day

200
not more than 2000

6.3.2.

Use of the type of record sheet not approved or not intended for the type of recording equipment concerned-for each record sheet

100
not more than 2000

6.3.3.

Presentation during the control of a record sheet, dirty or damaged to the extent that the data are not being read-for each record sheet

300

6.3.4.

Use of the same record sheet or driver card by several drivers

3000

6.3.5.

Simultaneous use of several record sheets or driver cards

1000

6.3.6.

No record sheet of transcribed entries:

Driver's first name or surname

Vehicle registration number 2

3rd place or date of initial use of the record sheet

4th place or end date of use of the record sheet

5. the status of the kilometres at the start of the vehicle's use

6. the status of the kilometres at the end of the vehicle's use

50 for the absence of any given

6.3.7.

Failure to show during the control of the company the record sheet, driver card data, the digital tachograph or the document confirming the fact of not driving-for each day

500

6.3.8.

Presentation during the audit in the company of the record sheet, which does not contain all the data on the driver's activity periods-for each record sheet

300

6.3.9.

Making available during the audit in the company of incomplete data on the driver's activity periods-for each day

300

6.3.10.

Presentation of a record sheet at the time of inspection in the undertaking of unauthorised use, without the use of a recording device, manual, automatic or semi-automatic recording of speed, activity or distance-for each chart

1000 not more than 5000

6.3.11.

Violation of the obligation to retrieve data from the driver card-for each driver

500

6.3.12.

Violation of the obligation to retrieve data of the recording equipment-for each vehicle

500

6.3.13.

Failure to make available during the audit in a company of data retrieved from the digital tachograph and the driver card held in the enterprise-for each day

300

6.3.14.

Arbitrary interference with the data recorded in the digital recording equipment, on the driver card or on the company card

5000

7.

INFRINGEMENT OF THE USE OF OTHER MEASURING EQUIPMENT

7.1.

A voluntary change to the indications of measuring devices installed in a vehicle when carrying out a taxi by road

1000

8.

INFRINGEMENT OF OTHER PROVISIONS

8.1.

Carrying out the carriage of live animals by a carrier which does not have the appropriate authorisation

6000

8.2.

Exceeding the weekly working time dimension referred to in art. 26c of the Act of 16 April 2004. about the time of driver work:

1 to 2 hours

2. above 2 to 10 hours

3. over 10 hours

100

300

500

8.3.

Non-record-keeping of working time referred to in Article 26d of the Act of 16 April 2004. about the time of the drivers

1000

8.4.

Failure to grant a break referred to in Article 13 (1) 1 of the Act of 16 April 2004. about the time of the drivers

300

[ 1] In this respect, the provisions of Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1 March 2002 shall apply. amending Council Regulations (EEC) No 881/92 and (EEC) No 3118/93 for the purpose of establishing the driver attestative (Dz. Urz. EC L 076 of 19.03.2002).

[ 2] Article 39c (c) 2 in the version set by the Article. 3 point 1 of the Act of 24 July 2015. on the amendment of the Act-Law on Road Traffic and some other laws (Journal of Laws of the Law on Road Traffic) 1273; ost. 1. OJ of 2016 items 2001). The amendment came into force on 4 June 2018.

[ 3] Article 39e (1) 3 in the version set by the Article. 3 point 2 of the Act of 24 July 2015. on the amendment of the Act-Law on Road Traffic and some other laws (Journal of Laws of the Law on Road Traffic) 1273; ost. 1. OJ of 2016 items 2001). The amendment came into force on 4 June 2018.

[ 4] Article 39g (b) 10 points 1 in the wording set by the Article 3 point 3 of the Act of 24 July 2015. on the amendment of the Act-Law on Road Traffic and some other laws (Journal of Laws of the Law on Road Traffic) 1273; ost. 1. OJ of 2016 items 2001). The amendment came into force on 4 June 2018.

[ 5] Article 39h (h) 4 in the version set by the Article. 3 point 4 of the Act of 24 July 2015. on the amendment of the Act-Law on Road Traffic and some other laws (Journal of Laws of the Law on Road Traffic) 1273; ost. 1. OJ of 2016 items 2001). The amendment came into force on 4 June 2018.