On August 19, 2023, the provisions of the Act of July 28, 2023, on the delegation of drivers in road transport came into effect. Road carriers from third countries, whose drivers carry out bilateral or other international transport on the territory of the Republic of Poland, are obliged to equip their drivers with a confirmation of delegation to the territory of the Republic of Poland from a third country during inspections.
Delegating drivers from third countries to Poland – step by step
- Contact Us to Obtain a Qualified Signature https://podpis.unistyle.pl/pl/
- Register an Entrepreneur’s Account using an email address that allows for online transactions on the biznes.gov.pl website at https://www.biznes.gov.pl/pl/portal/03153
- Log in to the Entrepreneur’s Account on the https://www.biznes.gov.pl/pl portal using your email address.
- Launch the e-service “Report the delegation of a driver from a third country to the territory of Poland.”
- Complete, sign the form, and submit it online through the https://www.biznes.gov.pl/pl portal with a valid qualified electronic signature: https://zaplecze.biznes.gov.pl/files/document_attachments/3755/A_declaration_of_posting_of_a_driver_to_the_territory_of_the_Republic_of_Poland_from_a_third_country.pdf
- Send the signed “Report the delegation of a driver from a third country to the territory of Poland” form online to the State Labor Inspectorate at the following address: https://www.biznes.gov.pl/pl/opisy-procedur/-/proc/1670
To avoid financial penalties, the primary obligation of a road carrier delegating a driver to the territory of the Republic of Poland from a third country is to equip the driver with a document called the “Notification of Delegating a Driver to the Territory of the Republic of Poland from a Third Country.” This applies to road carriers based in a third country who temporarily send a driver to the territory of the Republic of Poland in connection with the provision of road transport services.
The driver must have these documents in the vehicle and present them during road inspections. The carrier is required to report the delegation of the driver to the territory of the Republic of Poland from a third country no later than at the commencement of the delegation.
Delegating drivers from third countries – documents
A road carrier from a third country delegating a driver to the territory of the Republic of Poland is obligated to ensure that the driver possesses the following documents during the delegation:
A paper confirmation of the delegation of the driver to the territory of the Republic of Poland from a third country, in accordance with the template specified in the Regulation of the Minister of Infrastructure of August 7, 2023, concerning the confirmation form for the delegation of a driver to the territory of the Republic of Poland from a third country.
Documents confirming the carried out road transport, especially in the form of waybills, the required permits for international road transport, or a driver’s logbook, based on which the transport is being carried out.
Tachograph records, as required according to the European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR), adopted in Geneva on July 1, 1970.
For a driver and a road carrier who do not comply with the regulations regarding delegation, financial penalties in the form of fines may apply.
A driver who is unable to present a delegation confirmation during a road inspection is subject to a fine of 500 PLN. It is important to always have the necessary documents confirming the delegation with you.
A road carrier from a third country delegating a driver to the territory of Poland who violates the obligations or conditions specified in the regulations is subject to a monetary penalty ranging from 4,000 PLN to 7,000 PLN for each violation. It is crucial for carriers operating in the Polish market to fully comply with the regulations to avoid these severe penalties.
The list of violations and the amount of monetary fines for specific violations are detailed in Annex I to Commission Regulation (EU) 2016/403.
List of countries obligated to delegate a driver from a third country:
Materiał przygotowany na podstawie dokumentacji Eurocert.