The new amendment to the road transport act prohibits assigning transport to entities without sufficient permits under the threat of monetary fines, according to a draft prepared by the Ministry of Infrastructure in Poland. The new regulations are intended to cover all types of transport, from domestic to international and cabotage.
The amendment will primarily affect the daily work of freight forwarders and cargo shippers, as it imposes new obligations on entities commissioning transport. Until now, the obligation to entrust transport only to entities with appropriate qualifications was not regulated by road transport laws.
The goal of the new regulations is to eliminate unfair practices of assigning road transport to entities that do not have the necessary transport permits, including licenses.
According to the draft, the amendment aims to regulate the principles of entrusting domestic road transport of goods, international road transport of goods, and cabotage services to entities performing other activities related to transport as freight forwarders, shippers, or subcontractors of these entities.
“Before commissioning road transport, the shipper will be obliged to check whether the road carrier, to whom they intend to entrust transport, has the appropriate rights. These rights include verification of documents allowing the execution of a specific type of road transport and related to the transported cargo,” says Paulina Eliasz-Pietrusewicz, a lawyer at TC Legal Office.
Another change brought about by the amendment is the obligation to retain documents related to contracted transport for a period of 5 years, beginning from the end of the calendar year in which the contract was issued.
“The amendment also proposes the introduction of new penalties in the form of monetary fines for non-compliance with the new obligations. A complete list of monetary penalties that can be imposed for individual violations will be supplemented,” adds Eliasz-Pietrusewicz.
At the moment, the proposed changes are in the advanced planning stage, reflecting the government’s efforts towards a decisive reform in the area of road transport. Currently, there is a public and industry consultation process taking place, which is essential for an accurate analysis of the expected effects of the amendment.
Paulina Eliasz-Pietrusewicz states, “The project symbolizes a significant step in increasing transparency, safety, and fairness in the transport industry. By imposing the obligation to have appropriate permits for assigning transport, the government intends to eliminate room for unfair practices that could have negatively influenced the market.”
These changes aim not only to protect honest businesses operating in the transport market but also to increase societal trust in the industry. It is a step towards creating a more organized, efficient, and safe road transport system that meets the needs of the modern economy and society.
